code. The reviewing authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
e. Lights. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.
f. Trees and Landscaping. Wireless facilities shall not be installed (in whole or in part) on new poles within any tree drip line. Wireless facilities may not displace any existing tree or landscape and/or hardscape features. All wireless facilities proposed to be placed in a landscaped area must include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape maintenance plan. The existing native vegetation shall be maintained to the maximum extent feasible. The reviewing authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this chapter. All plants proposed or required must be reviewed as part of a formal landscaping plan and approved by the City. g. Signage; Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the reviewing authority, required by law or recommended under FCC or other federal governmental agencies for compliance with RF emissions regulations.
h. Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved.
Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences or any similar security measures are prohibited. Alarm systems shall not include any visible alarms or audible sirens or other sounds.
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i. Fire Safety. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities shall be proactively monitored and maintained to continue and if possible, improve the safety design.
j. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, this code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
k. View Protection. Wireless facilities shall be located and designed to preserve significant coastal views from the public right-of-way in conformance with Section 30251 of the California Coastal Act. The protection of public views should not prevent reasonable development of the site, yet development shall not preclude reasonable protection of any significant coastal view. Designs should respect views enjoyed by neighboring parcels and should not present excess visual mass or bulk to public view or to adjoining properties. Wireless communications facilities, to every extent possible, should be sited to not create visual clutter or negatively affect important public or private views as determined by the reviewing authority.
Collocation is encouraged when it will decrease visual impact. This objective is intended to balance the private rights to views from all parcels that will be affected by a proposed wireless facility. No single parcel should enjoy a greater right than other parcels except the natural advantages of each site’s topography. Wireless facilities which substantially eliminate an existing significant view enjoyed on another parcel should be avoided.
2. Administrative Detailed Wireless Facility Design Guidelines. The Planning Commission may develop, and from time to time amend, Administrative Detailed Wireless Facility Design Guidelines consistent with the generally applicable design standards contained in this ordinance to clarify the aesthetic and public safety goals and standards in this chapter for City staff, applicants and the public. The Administrative Detailed Wireless Facility Design Guidelines shall provide more detailed standards to implement the general principals articulated in this section and may include specific standards for particular wireless facilities or site locations, but shall not unreasonably discriminate between functionally equivalent service providers.
If a conflict arises between the development standards specified in this chapter and the Administrative Detailed Wireless Facility Design Guidelines, the development standards specified in this chapter shall control.
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G. Standards Applicable to Type V Wireless Facilities. Type V applications are evaluated under the criteria for an eligible facilities request established by federal law and FCC regulations to determine whether or not the request involves a “substantial change” to an “eligible support structure” as these terms are defined in Section
17.46.020. Type V applications also must comply with any generally applicable law, regulation, rule or standard or permit condition reasonably related to public health or safety.
17.46.050 Wireless Application Types and Submittal Requirements.
A. Application Types
1. Conditional Use Permit Applications. There shall be four (4) specific types of applications for conditional use permits under this section, which shall include Type I, Type II, Type III, and Type IV applications. The Planning Commission is the initial reviewing authority for Type I-IV applications. Decisions of the Planning Commission may be appealed to the City Council.
a. Type I Applications: Collocations of Small Wireless Facilities. Type I applications shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type I application.
b. Type II Applications: Collocations which do not qualify as a Small Wireless Facility Collocation or EFR. Type II applications shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR.
c. Type III Applications: New Small Wireless Facilities on New or Replacement Structures. Type III applications shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure.
d. Type IV Applications: New Towers and All Other Wireless Facilities, Except EFRs. Type IV applications shall include any applications for the Attachment 2
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installation of a new personal wireless service facility which does not meet the criteria for Type I, Type II, Type III or Type V applications.
2. Administrative Use Permit Applications. There shall be one type of application for an administrative use permit under this section, which shall be a Type V application. The Director is the initial reviewing authority for Type V applications.
Decisions of the Director may be appealed to the City Council. a. Type V Applications: Eligible Facilities Requests or EFRs. Type V applications shall include any applications that purport to meet the criteria for an eligible facilities request under federal law and FCC regulations.
B. Submittal Requirements.
1. Application Content. All applications for a permit under this Chapter must include all the information and materials required by the Application for Wireless Facility form and the applicable Wireless Facility Application Checklist adopted by resolution of the Planning Commission. The Planning Commission is authorized to develop, publish and from time-to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Planning Commission finds necessary, appropriate or useful for processing any application governed under this chapter.
All such requirements must be in written form and publicly stated and available.
All applications shall, at a minimum, require the applicant to submit probative evidence to demonstrate that the proposed project will be in compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions. It shall be the obligation of any applicant to use the correct forms and explicitly and correctly identify which type of application they are filing.
2. Application Fee/Deposit. The applicant shall submit with its written materials the full application fee or deposit amount established by City Council resolution. If no application fee has been adopted at the time of application, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the Director to reimburse the City for its reasonable costs incurred in connection with the application, including costs of consultants retained by City. Should the deposit be inadequate an additional deposit shall be required. If the deposit exceeds the actual costs, the difference will be refunded to the applicant.
3. Application Submittal. All applications submitted under this chapter must be submitted to the City during the office hours specified for intake of applications submitted under this chapter as established by the Community Planning and Building Department and posted on the City’s webpage. Applicants may submit one application or multiple applications whenever feasible and not prejudicial to other applicants. Any application received in a different manner or outside those Attachment 2
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established intake hours, whether delivered in-person, by mail or through any other means, will not be considered duly filed whether the City retains the submitted materials or not.
4. Other Permits and Reviews That May Be Required. In addition to any permit required by this Chapter, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state, or local laws or regulations for the construction of the proposed facility, which includes, without limitation, any applicable permits or reviews listed below:
a. Forest and Beach Commission Review. Any proposed project that involves a request to remove or prune any tree type identified in Chapter
17.48 must be approved by the Forest and Beach Commission prior to determining completeness of the application.
b. Historic Resources Board Review. In accordance with Section
17.32.220, facilities proposed within a historic district or within the boundaries of an historic property included in the inventory are subject to additional review under Chapter 17.32 prior to consideration by the Planning Commission.
c. Coastal Development Permit Review. In accordance with Section
17.52.090, any person wishing to undertake any development in the coastal zone shall obtain a coastal development permit unless excluded from coastal permit requirements pursuant to Section 17.52.100.
5. Voluntary Community Meetings. The City strongly encourages, but does not require, prospective applicants and applicants to schedule, notice, arrange, and attend one or more voluntary community meetings with all interested members of the public. Community meetings may be conducted before or after application submittal. This community meeting is intended to give applicants the opportunity to hear from members of the public regarding the proposed project and any alternative locations or designs. Voluntary community meetings do not cause any FCC shot clock to begin.
17.46.060 Application Review Procedures.
A. Completeness Review By Director
1. In addition to exercising other duties and powers listed in Section 17.52.030 and elsewhere in this Title relevant to the application, the Director shall review each application and determine whether or not the application is complete and inform the applicant in writing that the application is complete or that additional information is needed to complete the application consistent with timeline in Section 17.52.020 and the applicable FCC shot clock.
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2. If the Director determines that the application is defective or incomplete, they shall promptly deliver a Notice of Incompleteness to the applicant in order to pause the applicable FCC shot clock.
3. The Director may take such other steps as may be required for the City to timely act upon applications for placement of wireless facilities, including entering into agreements with applicants to extend the time for action on any application under the applicable FCC shot clock.
B. Consultants
1. Use of Consultants. Where deemed reasonably necessary by the City, the City may retain the services of professional consultants to assist the City in carrying out its duties in reviewing and making decisions on applications. The applicant and private landowner, if applicable, shall be jointly and severally responsible for payment of all the reasonable and necessary costs incurred by the City for such services. The City shall provide the Applicant with a detailed invoice of time spent and the nature of the review. In no event shall that responsibility be greater than the actual cost to the City of such engineering, legal, or other consulting services.
2. Advance Deposits for Consultant Costs. The City may require advance periodic monetary deposits held by the City on account of the applicant or landowner to secure the reimbursement of the City's consultant expenses. The City Council shall establish policies and procedures for the fixing of escrow deposits and the management of payment from them. When it appears that there may be insufficient funds in the account established for the applicant or landowner by the City to pay current or anticipated vouchers, the City shall cause the applicant or landowner to deposit additional sums to meet such expenses or anticipated expenses in accordance with policies and procedures established by the City Council. No reviewing agency shall be obligated to proceed unless the applicant complies with escrow deposit requirements.
3. Independent Consultants Retained by Fire Safety Authority. The Fire Safety Authority has the authority to select and retain an independent consultant with expertise and/or specialized training in fire safety and fire hazard mitigation and prevention satisfactory to the Fire Safety Authority in connection with any application. The Fire Safety Authority may request independent consultant review on any matter committed to the Fire Safety Authority for review or approval.
Subject to applicable laws, if the Fire Safety Authority elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the actual and reasonable costs in connection with the services provided, which may include without limitation any actual and reasonable costs incurred by the independent consultant to attend and participate in any meetings or hearings. The same procedures for fee deposits, cost reimbursements and refunds to the applicant as described in this Section shall be applicable to independent consultant review required by the Fire Safety Authority.
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D. Director Denial Without Prejudice Due to Failure to Respond to Notice(s) of Incompleteness. To promote efficient review and timely decisions, any application governed under this chapter regardless of type may be denied by the Director without prejudice when the applicant fails to tender a substantive response to the City within 120 calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director, in the Director’s discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 120th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control.
E. Environmental Review. Environmental review of the proposed project to protect and assure that citizens of the community contribute to the preservation and the enhancement of the environment shall be performed in accordance with Chapter 17.60 of the City’s Municipal Code.
F. Fire Safety Authority Review. After submittal by the applicant, the relevant application materials shall be transmitted to the Fire Safety Authority for their review and any recommended conditions.
G. Staff Report and Recommendations. A staff report shall be prepared for Type I-IV applications involving a public hearing. Staff reports shall evaluate the compliance of the proposed project with the applicable City policies, regulations and requirements.
The report shall recommend, with appropriate findings, the approval, approval with conditions, or disapproval of the application, based on the project evaluation. The report and supporting materials will be made available to the public in advance of the public hearing.
17.46.070 Public Notices, Public Hearings, Decision Notices and Appeals.
A. Application Submittal Notices – For Types I-V
1. Posted and Hand-Delivered Notices. Within five days after an application is duly filed with the Director, (A) the applicant shall (1) post notice on the proposed project site in a location near to and visible from the public rights-of-way or in the public right-of-way if the project site is in the public right-of-way; and (2) provide the Director an affidavit that such notice has been posted; and (B) the Director shall provide a handdelivered postcard notice to neighbors within 100-feet radius of the site.
The applicant is responsible for maintaining and replacing the posted notice as necessary during the duration of the application review process until the reviewing authority acts on the application. The posted notice shall be composed from durable quality and weather-resistant materials that will not deteriorate under normal circumstances for the duration of the notice period. The posted notice shall be no more than two square feet and not violate Section 17.40.070. The notice/sign shall not be placed in Attachment 2
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any location where it would obstruct travel or visibility for vehicles, bicycles, pedestrians or other users in the public right-of-way. The City encourages applicants to consult with the department on placement locations to avoid any potential hazards.
2. City Website Notice. Within 10 days after an application is duly filed with the department, the Director shall post notice of the submittal on the City’s website.
3. Notice Content. The notices required by this Section 17.46.070(A) shall include: (1) the project location with both an approximate street address and GPS coordinates; (2) the City’s permit application number; (3) the application type and a general project description with photo simulations; (4) the applicant’s contact information as provided on the application submitted to the City; (5) a URL for the City’s website page where application information can be obtained once uploaded in accordance with Section 17.46.070(A)(2); and (6) a statement as to whether a public hearing will be required for the application.
B. Public Hearing Notices (For Types I-IV). Public hearing notices shall be provided consistent with the requirements of Section 17.52.110, except that the mailing radius shall be 500 feet.
C. Public Hearings (For Types I-IV). The Planning Commission shall conduct a public hearing upon each conditional use permit application, consistent with the procedures in §17.52.160.
D. Decision Notices.
1. For Types I-V. Within five calendar days after the Planning Commission makes a decision on a Type I, II, III or IV application or the Director makes a decision on a Type V application, the Director shall: (1) deliver a written decision notice to the applicant; (2) post written notice of the decision at the proposed project site; (3) provide a hand-delivered written notice of the decision to neighbors within 100-feet radius of the site; and (4) post the decision on the City’s website.
2. Content of Decision Notices for Types I-V. The written notice sent to the applicant, posted at the proposed project site and hand-delivered to neighbors must contain: (1) the decision made (approval or denial); (2) either the reasons for the decision or where the reasons for the decision are available; (3) if the decision is a denial, a statement whether the denial is with prejudice or without prejudice for the purposes of CMC
17.52.170(D); and (4) instructions for how and when to file any appeal.
3. For Director Denials Without Prejudice. The Director must send a written notice to the applicant to deny an application without prejudice due Attachment 2
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to failure to respond to notice(s) of incompleteness pursuant to Section
17.46.060(D)(1). The written notice shall state: (1) the number of days that have passed without the applicant tendering a substantive response to the City after the Director last deemed the application incomplete in a written notice to the applicant; (2) a statement that denial is without prejudice; and (3) instructions for how and when to file any appeal.
E. Appeals.
1. For Types I-V. Within ten calendar days after the Director issues the decision notices pursuant to Section 17.46.070(D)(1) or (3), any interested person may file a written appeal for cause in accordance with the provisions in Chapter 17.54; provided, however, that (1) the time for filing an appeal and the notice provisions in this chapter shall control over those in Chapter 17.54 and (2) appeals from an approval shall not be permitted when based solely on environmental effects from RF emissions exposure from the approved facility that was found compliant with applicable FCC regulations and guidelines.
2. For Director Denials Without Prejudice. Within ten calendar days after the Director issues the decision notice pursuant to Section
17.46.070(D)(3) denying an application without prejudice, the applicant may file a written appeal for cause in accordance with the provisions in Chapter 17.54; provided, however, that the time for filing an appeal and notice provisions in this chapter shall control over those in Chapter 17.54.
3. Appeals to City Council. The City Council shall be the appellate authority for all appeals in accordance with the provisions of Chapter 17.54. The City Council shall issue a written decision that contains the reasons for the decision, and such decision shall be the final action of the City and not subject to any further administrative appeals.
17.46.080 Findings Required.
A. Types I to IV Applications
1. Required Findings for Approval. The reviewing authority may approve wireless facility applications only when the reviewing authority makes all the following findings:
a. the proposed wireless facility will not result in adverse visual impacts or have an adverse impact on property values because it complies with all applicable development standards in Section 17.46.040 and the Administrative Detailed Wireless Facility Design Guidelines; Attachment 2
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b. if applicable, to the extent the proposed wireless facility does not comply with all applicable development standards in Section 17.46.040 and the Administrative Detailed Wireless Facility Design Guidelines, the applicant has requested a special exception and the findings for granting a special exception pursuant to Section 17.46.080(C) can be made; c. the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions and will not, either individually or cumulatively with other transmitters in the vicinity, result in RF exposures that exceed the FCC’s maximum permissible exposure level for the general population;
d. the proposed wireless facility will comply with all applicable fire safety and public safety standards;
e. the proposed wireless facility will comply with fall zone requirements in the Administrative Detailed Wireless Facility Design Guidelines; f. all public notices required for the application have been given; g. all the findings required for a use permit pursuant to Section 17.64.010; h. all the findings for discretionary design review approval pursuant to Section 17.58.060;
i. if applicable, all the findings required for a Coastal Development Permit.
2. Conditional Approvals. Subject to any applicable federal or state laws, nothing in this chapter is intended to limit the reviewing authority’s ability to conditionally approve any application governed under this chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, this code, or this chapter.
B. Type V Applications (EFRs)
1. Required Findings for Approval. The reviewing authority may approve or conditionally approve an application for an EFR administrative design review approval when the reviewing authority finds that the proposed project:
a. involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and
b. does not substantially change the physical dimensions of the existing wireless tower or base station in that it meets each and every one of the applicable criteria for an eligible facilities request stated in the definition of Attachment 2
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“substantial change,” after application of the definitions in 47 C.F.R.
1.6100(b). The reviewing authority shall make an express finding for each criterion.
2. Findings for Denial. The reviewing authority may deny without prejudice any application for an EFR administrative design review approval when the reviewing authority finds that the proposed project:
a. does not meet the findings required in Section 17.46.080(B)(1); b. involves the replacement of the entire eligible support structure; or c. violates any generally applicable law, regulation, rule or standard or permit condition reasonably related to public health or safety.
3. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this chapter is intended to limit the reviewing authority’s authority to conditionally approve an application for an EFR administrative design review approval to comply with all generally applicable laws and to protect and promote the public health and safety.
C. Special Exceptions for Federal or State Preemption or Minor Deviations in Design (Types I to IV only)
1. Preface. The provisions in this section establish the circumstances under which the City may grant a special exception to the standards in this chapter, Chapter 17.58 or the Administrative Detailed Wireless Facility Design Guidelines, but only if specifically requested by the applicant in writing at the time of application submittal and only to the extent necessary to avoid conflict with applicable federal or state law or it is a minor deviation that achieves all of the applicable design objectives of this Chapter, as well as, or better than, would be achieved by adherence to the adopted Design Guidelines. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance.
2. Required Findings. The reviewing authority shall not grant any special exception unless the reviewing authority finds the following:
a. the applicant has shown that denial of an application will result in an effective prohibition or otherwise violate federal law; OR the applicant has shown that denial of an application will violate state law; OR the applicant has shown that it is a minor deviation that achieves all of the applicable design objectives of this Chapter, as well as, or better than, would be achieved by adherence to the adopted design guidelines.
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b. the special exception requested by the applicant does not compromise or excuse compliance with any fire safety or other public health and safety requirements; and
c. the special exception is narrowly tailored such that any deviation from the requirements of this chapter is only to extent necessary for compliance with federal or state law or to achieve all of the applicable design objectives of this Chapter, as well as, or better than, would be achieved by adherence to the adopted Design Guidelines.
3. Evidentiary Standard. The applicant shall have the burden to prove to the reviewing authority that an exception should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant’s request for a special exception.
17.46.090 Standard Conditions of Approval.
A. Wireless Facility Standard Terms and Conditions. All wireless facilities approved under this chapter or deemed approved by the operation of law shall be automatically subject to the Wireless Facility Standard Terms and Conditions adopted by the Planning Commission by resolution, unless modified by the reviewing authority in an approval decision.
B. Modified Approval Conditions. The reviewing authority, when granting approval of a permit application, may modify, add to or remove standard conditions set forth in the Wireless Facility Standard Terms and Conditions adopted by the Planning Commission by resolution, as the reviewing authority deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions to the particular facts and circumstances associated with the project; and/or (3) memorialize any changes to the proposed project needed for compliance with the City’s Municipal Code, generally applicable health and safety requirements and any other applicable laws.
17.46.100 Violations
Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Chapter 18.04 of this code, summary abatement pursuant to Chapter 15.57 of this code, California Code of Civil Procedure § 731, or any other remedy available to the City.
SECTION 3. Conforming Amendments To Title 17. The following Sections of Title 17 of the Carmel-by-the-Sea Municipal Code are amended as follows (all other sections remain unchanged):
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Section 17.08.040: the residential uses table listing for “Communications” uses in the Transportation, Communications and Utilities uses table shall read:
Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications C C See Chapter 17.46 for findings Antennas and Transmission Towers – Other - C
Facilities Within Buildings C C
Section 17.12.020.H. shall read:
“H. Outdoor Antennas. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities and antennas used by Federal Communications Commission licensed ham operators or operators certified by RACES or ARES, both of which are excluded from the application of these provisions, antennas erected in the R-4 land use district shall be subject to the following standards:
1. No antenna or its supporting structure shall be located in the area between the front property line and the portion of the main structure or building located closest to the front property line.
2. No antenna shall be roof-mounted except on a flat portion of the roof structure with parapets, and/or architecturally matching screening plan.
3. All ground-mounted antennas shall be camouflaged by walls, antenna color, fences, or landscaping. Landscaping shall be of a type and variety capable of growth within one year to a landscape screen that obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.
4. No antenna shall be erected within the public viewshed as identified in CMC
17.12.050, Preservation of Public Viewshed.
5. No part of any antenna shall be higher than 24 feet.” Section 17.14.030: the commercial uses table listing “Communications” uses in the Transportation, Communications and Utilities uses table shall read:
Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications C C C Antennas and Transmission Towers – Other - - -
Facilities Within Buildings P P C
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Section 17.14.220.F. shall read:
“F. Antennas. Except for antennas preempted by Federal law, antennas in the commercial districts shall be located and screened to reduce their visibility from the public right-of-way and adjacent properties. All antenna installations must be reviewed and approved through the commercial design review procedures. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities, antennas located in any commercial land use district shall conform to the following standards:
1. All ground-mounted antennas shall be required to maintain their supporting structures at least three feet from any property line.
2. All ground-mounted antennas shall be screened by walls, color, fences or landscaping.
Landscaping shall be of a type and variety capable of growing within one year to a landscape screen, which obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.
3. No part of any antenna shall be higher than the maximum height allowed in the underlying land use district.
4. A maximum of one antenna shall be allowed on a building site.
5. All roof-mounted antennas are prohibited except as provided in CMC 17.46.020(E)17.46.030(B) (general development standards).” Section 17.18.030: the public and quasi-public uses table listing for “Communications” uses in the Transportation, Communications and Utilities uses table shall read:
Transportation, Communication and Utilities
Communication Facilities
Antennas and Transmission Towers – Telecommunications C C See Chapter 17.46 CMC Antennas and Transmission Towers – Other - C
Facilities Within Buildings C C
Section 17.40.070.H. shall read:
“H. Signs in the public right-of-way, except for signs posted by a Federal, State, or local governmental entity with permission of the City and application notices posted in accordance with CMC 17.46.070(A)(1).”
Section 17.52.150.C shall read:
“C. Appeals. All final actions of the Director may be appealed to the Planning Commission in accordance with Chapter 17.54 CMC, Appeals, except for Director Attachment 2
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decisions pursuant to CMC 17.46.050(A)(2) and 17.46.060(D) which may only be appealed to the City Council.”
Section 17.54.010.E. shall read:
“E. The findings and actions of the Planning Director shall be final and conclusive from and after the date of final action unless an appeal is filed with the Planning Commission Secretary pursuant to CMC 17.54.040(A), Appeals to the Forest and Beach Commission or the Planning Commission, or CMC 17.54.040(B), Appeals to the Historic Resources Board, or with the Coastal Commission pursuant to CMC 17.54.040(D) and
17.54.050, or with the City Clerk pursuant to CMC 17.54.040(C), Appeals to City Council. “
Section 17.54.040.C. shall read:
“C. Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission, or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in the office of the City Clerk within 10 working days following the date of action by the decision-making body and paying the required filing fee as established by City Council resolution.
Notwithstanding the foregoing, decisions for projects subject to Chapter 17.46 (Telecommunications and Wireless Facilities) made by the Planning Director or by the Planning Commission must be appealed within the time periods specified in CMC
17.46.070(E).“
Section 17.54.080.A. shall read:
“A. Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director (except for denials without prejudice made pursuant to CMC 17.46.060(D)), the City Forester, the Planning Commission, or the Historic Resources Board may be appealed by any aggrieved party. Coastal Commissioners may appeal these decisions pursuant to CMC 17.54.020 and
17.54.050.”
Section 17.58.030.B.1.d. shall read:
“d. Installation of antennas and associated equipment.” Section 17.58.040.B.1 and the introductory part of B.2 shall read:
B. Residential Track Two Design Study. Track two is a discretionary review process for projects that require a public hearing with the Planning Commission. All track two projects shall require public notice and a hearing pursuant to CMC 17.52.110, Notice of Public Hearing.
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CC MEETING ADOPTED FIRST READING SEPTEMBER 2023
1. Applicability. Residential district track two design review is for the construction of new dwellings, rebuilds, substantial alterations, installation of antennas and associated equipment, and other projects that comply with applicable zoning standards and design review guidelines but do not qualify for track one processing.
2. Procedures. Except for the installation of antennas and associated equipment which shall be subject to the procedures in CMC 17.58.030.B.2, dDesign review for track two projects is a three-phase process requiring: (1) preliminary site assessment, (2) design concept review, and (3) final details review. The application shall not be deemed complete until the preliminary site assessment has occurred and the City has received a complete application for design concept review. When a use permit, variance, or other land use permit is required, the application shall not be deemed complete until design concept review is completed and the City has received a complete application for final details review and for the applicable land use permit. The procedure for track two projects includes the following:
Section 17.68.070 “Communication Facilities” uses shall read:
Antennas and Transmission Towers - Telecommunications. Communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception or transmission systems. Examples of transmission towers - telecommunications are limited to telephone exchange or microwave relay towers, and cellular telephone transmission or personal communications systems towers.
Antennas and Transmission Towers - Other. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception or transmission systems.
Examples of transmission towers- other are limited to radio towers, television towers, telephone exchange or microwave relay towers, and cellular telephone transmission or personal communications systems towersand other towers that are not used for telecommunications.
Facilities Within Buildings. Includes radio, television, or recording studios and telephone switching centers; excludes antennas and transmission devices.
Section 17.70.010 and Section 17.70.020 shall be amended to repeal the following listed terms and corresponding definitions:
Amateur Radio Antenna (See Antenna);
Antenna; Monopole (See Telecommunications Terms);
Satellite Antenna (See Antenna);
Attachment 2
CC MEETING ADOPTED FIRST READING SEPTEMBER 2023
Telecommunications Facility, Co-Located (See Telecommunications Terms); Telecommunications Facility (See Telecommunications Terms); Telecommunications Terms (Building-Mounted Telecommunications Facility; Monopole; Telecommunications Facility; Telecommunications Facility, Co-Located).
Section 17.70.010 shall be further amended to add to the listed terms the following:
“Telecommunications and Wireless Terms. See Chapter 17.46.” SECTION 4. Conforming Amendments to Titles 12 and 13. The following Sections of Title 12 and 13 of the Carmel-by-the-Sea Municipal Code are amended to read (all other sections remain unchanged):
Section 12.08.050 shall be amended to add a new subsection E as follows:
“E. Notwithstanding Section 12.080.040.A. and Section 12.08.050.A, B, C and D, for applications that are subject to both Ch. 17.46 and Ch. 12.08, the reviewing authority under Ch. 17.46 shall process and decide both applications concurrently under the procedures in Ch. 17.46, including any appeals.”
Section 12.08.060 shall be amended to add a new subsection I as follows:
“I. For applications that are subject to both Ch. 17.46 and Ch. 12.08, only the standards in Ch. 17.46 and the applicable administrative guidelines shall apply.” Section 13.28.070.E. shall be amended to read as follows:
“E. Antennae, associated equipment that is within the supporting structure or integrated with the antennae, and supporting structures, used by a utility for furnishing communication services.”
SECTION 5. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea and after approval by the California Coastal Commission.
SECTION 6. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining sections, subsections, provisions, sentences, clauses, phrases or words of this Ordinance.
INTRODUCED at a Regular City Council Meeting on ____________, 2023.
Attachment 2
CC MEETING ADOPTED FIRST READING SEPTEMBER 2023
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this __ day of _______, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
________________________ ______________________
Mayor City Clerk
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
October 2, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jane Hogan, Accountant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-092 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 2023-092 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 2023-092
Attachment 2) PSA Carmel Chamber of Commerce
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH 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
WHEREAS, the City of Carmel-by-the-Sea (City) historically utilizes Carmel Chamber of Commerce to perform operations and services under a Professional Services Agreement; and WHEREAS, the City wishes to continue to utilize Carmel Chamber of Commerce’s specialized knowledge and skills providing information and assistance to visitors through the Visitor Center; and
WHEREAS, Carmel Chamber of Commerce possess the skills to perform these services; and WHEREAS, on June 6, 2023, the City’s adopted Fiscal Year 2023-2024 Budget includes $60,000 for Visitor Center operational services; and
WHEREAS, the Carmel Municipal Code requires Council to approve contracts with a value of $60,000 or more by resolution; and
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Authorize the City Administrator to execute a professional services agreement with Carmel Chamber of Commerce for Visitor Center operations and services for a not-to-exceed the amount of $60,000 and a terming expiring June 30, 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 2nd day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
Dave Potter Nova Romero
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
October 2, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-093 approving a supplemental budget appropriation to the Fiscal Year 2023-24 Adopted budget for Discretionary Grants in the amount of $5,000 for the Carmel High School Mock Trial Team
RECOMMENDATION:
Adopt Resolution 2023-093 approving a supplemental budget appropriation to the Fiscal Year 2023-24 Adopted budget for Discretionary Grants in the amount of $5,000 for the Carmel High School Mock Trial Team.
BACKGROUND/SUMMARY:
The Lyceum Monterey County Mock Trial program is an educational program which introduces local high school students to the American legal system. Every year, Mock Trial Teams from participating local high schools are provided a case, and each team creates both a prosecution and defense argument.
City Council received a donation request (Attachment 2) from the Carmel High School (CHS) Mock Trial team. The CHS Team is eligible to compete in the Empire International Tournament held in Chicago. The CHS students are fundraising towards their goal of raising $35,000 to cover the entry fees, room, board, and transportation for the 12 students on the Mock Trial Team to participate in the World Championship this November.
Last year, the Council generously donated $5,000 to the CHS Mock trial team. City Council expressed a desire to support the CHS Mock Trial Team again this year. By adopting the attached Resolution, Council will authorize a decrease of $5,000 from the general fund balance and increase of $5,000 to the discretionary grant fund for the FY 23-24 budget in the Community Promotions account 101-110-00-42005.
FISCAL IMPACT:
Decrease of $5,000 from the general fund balance and increase of $5,000 to the discretionary grant fund for the FY 23-24 budget in the Community Promotions account 101-110-00-42005.
PRIOR CITY COUNCIL ACTION:
In 2022, Council adopted Resolution 2022-091 awarding a $5,000 discretionary grant donation to the Carmel Mock Trial Team.
ATTACHMENTS:
Attachment 1) Resolution 2023-093
Attachment 2) CHS Mock Trial Team Letter
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION TO THE FISCAL YEAR 2023- 2024 ADOPTED BUDGET FOR DISCRETIONARY GRANTS IN THE AMOUNT OF $5,000 FOR
THE CARMEL HIGH SCHOOL MOCK TRIAL TEAM
WHEREAS, the City Council adopted Resolution 2023-067 approving the Fiscal year 2023-2024 Adopted Budget on June 6th, 2023; and
WHEREAS, the City recognizes of the accomplishments of the Carmel High School Mock Trial Team, which has continued its record of excellence at the California State Championships and their nine-year-straight championship streak in the Monterey County 2023 Mock Trial Finals; and
WHEREAS, the City supports the Carmel High School Mock Trial Team students competing at the National level in the November Empire World Championship in Chicago; and WHEREAS, the City Council desires to donate $5,000 the Carmel High School Mock Trial Team to help offset the travel costs to compete at the World Championship in November.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Award a $5,000 grant donation to the Carmel High School Mock Trial Team, and authorize a decrease of $5,000 from the general fund balance and increase of $5,000 to the discretionary grant fund for the FY 23-24 budget in the Community Promotions account 101-110-00-42005.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 3rd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Home of the Padres
Dear Mayor Pottcr and the Carmcl Citr- Councii.
As a follow up to mv comment, here is a letler which includes instructions on how to donate to Carmel High School Mock Trial. To reiterate, we are firndraising again this year to be able to participale in two intemational toumaments. and we are looking for the city's support.
Our goal is to financc thc cnuy* fecs- room and board. and transportation for l2 students and two adults to attcnd the Empirc Mock Trial World Championship in Chicago November 3-6, as well as the entrl fccs and supplies for additional students to bc able to participatc in Empire Interstcllar- an online toumamcnt Octobcr Il-16.
last -'"ear. _"-our generosit-v was pivotal in helping us reach our goal. Becalse of it, we werc able to travel to Chicago wherc Carmel took 7th in the Empire Intemational Toumament in addition to two indtvidual awards. This year, we are aiming evcn higherl We sincerely appreciate your part in making thar possible Norv. wc arc worting to raise a total of $35,000 to oncc again make this trip accessiblc for each membcr of our competition team. We would be cxtraordinaril_v gratelul to receive the ciry-.'s support.
Donations can be made through the Carmel High School studcnt store or via chcck made out to ''Carmcl High School- Associated Student Body," and mailed to PO. Box 222780 Carmcl. CA 93922.
Thank vou so much for considering our request! We sinccrcly appreciate your time and thought. Plcasc let me know ifyou have any questions, thoughts, or would be interested in setting up a meeting with mysclf and,/or other tcam representatives.
Thank vouShayla Duua
sdutta ir.cusd nrc
(831) 884 8990
Bill Schrier- Mock Trial Coach
bschriefl@carmelunifi ed.org
Carmel High School
2 August 2023
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
October 2, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jane Hogan, Accountant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-094 authorizing a $3,033 contribution to Interfaith Homeless Emergency Lodging Program (I-HELP) for emergency homeless shelter services RECOMMENDATION:
Adopt Resolution 2023-094 authorizing a $3,033 contribution to Interfaith Homeless Emergency Lodging Program (I-HELP) for emergency homeless shelter services.
BACKGROUND/SUMMARY:
The Interfaith Homeless Emergency Lodging Program (I-HELP) operated by the non-profit Outreach Unlimited is the only local agency that provides overnight emergency shelter without a waiting list for unhoused men and women from Monterey on a nightly basis. I-HELP provides transportation for unhoused individuals to local churches for overnight shelter without requiring religious participation.
This year, the funding for I-HELP changed dramatically when the County of Monterey redirected funds to Pajaro flood victims. I-HELP has indicated that it would need to stop services during the winter months if funding is not provided. The City received a request from the City Manager of Monterey on August 28, 2023 to support I-HELP fill its financial funding gap. The requested funding would be based on population estimates for the City at a rate of $1 per resident, or $3,033.
The City of Monterey has already authorized a $29,874 contribution to I-HELP at its September 19, 2023 City Council Regular Meeting. The City of Pacific Grove has also been invited to consider a $1 per capita contribution to I-HELP.
FISCAL IMPACT:
The City's FY 23-24 Adopted Budget included $30,000 for the Council discretionary grant program. As the Council has already identified and allocated the $30,000 set aside for the discretionary grant program, funding for the I-Help contribution would reduce the General Fund balance.
PRIOR CITY COUNCIL ACTION:
Council adopted Resolution 2019-016 approving the appropriation of $4,656 for the homeless challenge grant on February 5, 2019.
ATTACHMENTS:
Attachment 1) Resolution 2023-094
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING A CONTRIBUTION TO INTERFAITH HOMELESS EMERGENCY LODGING PROGRAM (I-HELP) FOR EMERGENCY HOMELESS SHELTER SERVICES FOR A NOT-TOEXCEED AMOUNT OF THREE THOUSAND THIRTY-THREE DOLLARS ($3,033.00) WHEREAS, the Interfaith Homeless Emergency Lodging Program (I-HELP) operated by the non-profit Outreach Unlimited is the only agency that provides overnight emergency shelter with a waiting list for unhoused mean and women from regional area on a nightly basis; WHEREAS, this year’s program funding changed drastically when Monterey County redirected funding to Pajaro flooding victims;
WHEREAS, the City Council has considered the City of Monterey’s request for a $3,033 ($1.00 per resident) to assist I-HELP;
WHEREAS, the City Council hereby adopts a contribution of $3,033 ($1.00 per resident) to assist the homeless in a regional effort;
WHEREAS, the City Council has already identified and allocated the $30,000 budgeted for the discretionary grant program for FY 23-24, funding for the I-Help contribution would reduce the General Fund balance.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Authorize a contribution to Interfaith Homeless Emergency Lodging Program (I-HELP) to assist the homeless for a not-to-exceed amount of three thousand thirty-three dollars ($3,033.00).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of October, 2023, by the following vote:
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
October 2, 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 2023-095 Approving the Reformation of the Climate Committee RECOMMENDATION:
Adopt Resolution 2023-095 (Attachment 1) approving the reformation of the Climate Committee.
BACKGROUND/SUMMARY:
In October 2019, Council adopted Resolution 2019-75 approving the formation of the Climate Change and Resilience Plan Working Group (“Climate Committee”) and appointed two Council Members (Jeff Baron and Carrie Theis), four members of the public (John Hill, Michael LePage, Scott Lonergan, and LaNette Zimmerman), and two staff members (Agnes Martelet and Evan Kort). We express our sincere appreciation to the members of the Climate Committee for their feedback, insight, passion, and years of service.
The original Climate Committee held monthly meetings starting in November 2019 through July 2022 (with interruptions due to Covid) to guide preparation of the Climate Action Plan and the Climate Adaptation Plan (CAPs). Many guest speakers/technical experts from diverse agencies, including 3CE, AIA, AMBAG, CAWD, Fire Department, Monterey County, MPWMD, PG&E, Public Works, and the USGS, presented information to the Climate Committee. Other topics reviewed at Committee meetings included technical studies, such as the travel demand study and Vulnerability Assessment, to identify climate issues specific to Carmel-by-the-Sea. Collectively, this information was used to establish the City’s climate adaptation goals, policies, and actions.
In August 2022, Council adopted the City’s Final Climate Action Plan and Climate Adaptation Plan and emphasized the need to implement, monitor, evaluate and adjust the projects outlined in the Plans. Since the major, initial goal of the Committee was accomplished upon adoption of the CAPs, the Climate Committee has not resumed since adoption of these Plans, and several Committee members have since resigned.
At the January 31, 2023 City Council Strategic Priorities Workshop, Councilmember Baron asked to resume the Climate Committee, particularly as it is linked to the first major initiative of the CAPs, namely the Coastal Engineering Study Project.
In March and August 2023, the first two technical assessments of the Coastal Engineering Study (namely the Carmel Beach Coastal Infrastructure Assessment and the Shoreline and Beach Change Analysis:
Seasonal and Long Term) were presented to the Forest & Beach Commission as they directly relate to beach impacts. However, these two studies, and a number of other forthcoming reports from the Coastal Engineering Study, could also be presented to the Climate Committee to discuss their relationship to the long-term goals and implementation of the overall CAPs.
Recently, Councilmember Baron and staff agree to reform the Climate Committee with reduced impacts to Committee members and staff. It was decided that the reformed Committee should meet only on an asneeded basis to provide support and oversight of implementation of the CAPs. It is also proposed that the reformed Climate Committee consist of one Councilmember (Jeff Baron) and three members of the public (Carrie Theis, Michael LePage, and Scott Lonergan), all of whom were on the original Committee. Unlike the original Committee, this time, one staff member (Environmental Programs Manager Mary Bilse) will be the staff liaison to the Committee and prepare the agendas and reports, but will not serve on the Committee.
In addition to the Coastal Engineering Study topics to be reviewed by the reformed Committee, there may be other future projects to discuss with the Climate Committee, such as the City’s EV fleet conversion/EV charging stations, a proposed Electrification Policy, and energy efficiency upgrades.
FISCAL IMPACT:
None regarding this action.
PRIOR CITY COUNCIL ACTION:
In October 2019, Council adopted Resolution 2019-75 approving the formation of the Climate Change and Resilience Plan Working Group.
In August 2022, the City Council adopted the City’s Final Climate Action Plan and Climate Adaptation Plan.
In January 2023, the proposal to reform the Climate Committee was introduced at the Council Strategic Priorities Workshop.
ATTACHMENTS:
Attachment 1: Resolution 2023-095
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
APPROVING THE REFORMATION OF THE CLIMATE COMMITTEE
WHEREAS, in October 2019, the City Council adopted Resolution 2019-75 approving the formation of the Climate Change and Resilience Plan Working Group; and WHEREAS, in August, 2022, Council adopted the City’s Final Climate Action Plan and Climate Adaptation Plan and emphasized the need to implement, monitor, evaluate, and adjust the projects outlined in the Plans; and
WHEREAS, in January 2023, the proposal to reform the Climate Committee was introduced at the Council Strategic Priorities Workshop; and WHEREAS, the reformed Climate Committee will consist of one Councilmember (Jeff Baron), and three members of the public (Carrie Theis, Michael LePage, and Scott Lonergan); and WHEREAS, one staff member (Environmental Programs Manager Mary Bilse) will be the staff liaison to the Committee and prepare the agendas and reports; and WHEREAS, the reformed Climate Committee should meet only on an as-needed basis to provide support and oversight of implementation of the Plans; and WHEREAS, in addition to the Coastal Engineering Study topics now underway to be reviewed by the reformed Committee, there may be other future projects to discuss with the Committee, such as the EV fleet conversion/EV charging stations, a proposed Electrification Policy, and energy efficiency upgrades.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Approve the reformation of the Climate Committee, to include one Councilmember, Jeff Baron, and three members of the public: Carrie Theis, Michael LePage, and Scott Lonegan.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 2 nd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 1
Resolution No. 2023-095
APPROVED: ATTEST:
_____________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
October 2, 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 No. 2023-096, approving the conversion from an uncontrolled to a 1-way stop-controlled intersection at Lincoln Street and First Avenue, and from an uncontrolled to a 2-way stop controlled intersection at Lincoln Street and Second Avenue
RECOMMENDATION:
Adopt Resolution No. 2023-096, approving the conversion from an uncontrolled to a 1-way stop-controlled intersection at Lincoln Street and First Avenue, and from an uncontrolled to a 2-way stop controlled intersection at Lincoln Street and Second Avenue.
BACKGROUND/SUMMARY:
On August 15, 2023, a concerned citizen emailed Public Works regarding two adjacent intersections that currently have no stop signs. The concerns included, “cars not stopping, yielding or slowing down before they make turns at two dead end or T intersections heading west on Second (cross street with Lincoln) and again heading west on First (cross street Pescadero Road) by Stevenson School.” He also stated that trees and shrubs block the views at the corners, and that other local residents shared his concerns.
At their August 23, 2023 meeting, the Traffic Safety Committee, comprised of the Director of Public Safety, Director of Public Works, and Director of Community Planning and Building, met to discuss issues ranging from parking, loading zones, and safety at intersections. The Committee discussed their observations of these intersections following the prior Tour of inspection. The intersections are summarized as follows.
Lincoln Street/First Avenue: Currently, vehicles heading westbound on First Avenue arrive at a T intersection with Lincoln Street to the south and Pescadero Road to the north. The intersection itself is mostly within the City limits, with Pescadero Road heading north into the County. Trees at the corners somewhat limit visibility, and Stevenson School is located nearby off of Dolores Street.
Lincoln Street/Second Avenue: This intersection is geometrically different than most intersections in the City. North of Second Avenue, Lincoln Street is divided by a split level, median island. South of Second Avenue, there is no median. Westbound Second Avenue is somewhat steep heading down towards Lincoln Street, and west of Lincoln Street, Second Avenue is a short, dead-end road. Currently, there are no stop signs. There are various trees, shrubs, and a power pole that limit visibility for certain turn movements.
One member of the public spoke in support of installing stop signs at both locations.
The Traffic Safety Committee considered alternatives to installing additional stop signs, such as significantly pruning or removing trees at the corners. However, Committee members were concurred that even with visibility improvements, there would still be inadequate stop control devices at these two intersections, and noted that no alternative would be as effective as installing stop signs.
The Committee voted unanimously to recommend a stop sign for westbound First Avenue at Lincoln Street, and for both westbound and eastbound Second Avenue at Lincoln Street, upon approval by the City Council.
All intersections are unique in terms of line of site visibility, roadway widths, alignments, centerline offsets, grades, and pavement markings. Therefore, the Director of Public Works, with confirmation by the Director of Public Safety, will determine if ancillary safety upgrades are prudent, such as installing "Stop Ahead" signs and/or painting pavement markings, after the stop signs are installed and monitored.
FISCAL IMPACT:
The estimated cost for three (3) stop signs, up to two (2) potential 'Stop Ahead' signs, and posts is $1,250.
Sufficient funding is available in the Public Works Streets Division Operating Budget, Account #101-119- 41-42105.
PRIOR CITY COUNCIL ACTION:
N/A.
ATTACHMENTS:
Attachment #1 - Resolution 2023-096
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE CONVERSIONS OF AN UNCONTROLLED TO A ONE--WAY STOPCONTROLLED INTERSECTION AT LINCOLN STREET AND FIRST AVENUE, AND
FROM AN UNCONTROLLED TO A TWO-WAY STOP-CONTROLLED INTERSECTION
AT LINCOLN STREET AND SECOND AVENUE
WHEREAS, the City Council established a Traffic Safety Committee (TSC) to periodically review safety issues for motorists and pedestrians; and WHEREAS, the TSC received a request to address potential safety issues at the intersections of Lincoln Street and First Avenue, and at Lincoln Street and Second Avenue; and
WHEREAS, the uncontrolled, T-intersection of Lincoln Street and First Avenue is located near Stevenson School, and has trees at the corners that limit visibility; and WHEREAS, the uncontrolled intersection of Lincoln Street and Second Avenue Is unique in that Lincoln Street north of the intersection is a divided roadway but is not divided to the south, and Second Avenue is steep heading westbound into the intersection, and eastbound is a short, dead-end road; and WHEREAS, following a Tour of Inspection, the TSC met on August 23, 2023 to review these intersections and consider safety improvements; and WHEREAS, the TSC determined that one stop sign is warranted westbound on First Avenue at Lincoln Street, and that two stop signs are warranted for westbound and eastbound on Second Avenue at Lincoln Street; and
WHEREAS, the TSC unanimously agreed to recommend to the City Council to approve adding stop signs at these intersections.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Approve the conversion from an uncontrolled to a 1-way stop-controlled intersection at Lincoln Street and First Avenue, and from an uncontrolled to a 2-way stop controlled intersection at Lincoln Street and Second Avenue.
Attachment 1
Resolution No. 2023-096
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 2nd day of October, 2023, by the following roll call 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
October 2, 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 2023-097 authorizing the City Administrator to purchase two (2) Dodge Ram 1500 Police Special Service Vehicles (SSV) Crew Cab 4X4 trucks from My Jeep-Chrysler-Dodge-Ram, not exceeding $90,000
RECOMMENDATION:
Adopt Resolution 2023-097 authorizing the City Administrator to purchase two (2) Dodge Ram 1500 Police Special Service Vehicles (SSV) Crew Cab 4X4 trucks from My Jeep-Chrysler-Dodge-Ram, not exceeding $90,000
BACKGROUND/SUMMARY:
The City of Carmel by-the-Sea Police Department administrative staff has determined that expanding the police vehicle fleet from a four-police vehicle model to a six-police vehicle model would be beneficial for several reasons. The police department currently has four police vehicles that are patrol-capable. Currently, we utilize (2) Dodge Durango 4x4 SUV-style vehicles and (2) Dodge Charger passenger vehicles.
At any given time, we have a minimum of two officers working a patrol shift. Frequently, we will have a third officer working a cover shift to compliment the patrol model, leaving one vehicle for reserve. Our Dodge Chargers year models 2018 and 2019 are reaching their life expectancy and rotational age. By adding to our fleet now, we can effectively extend the life expectancy of our current vehicles.
Utilizing three vehicles for patrol per day with a four-car rotation is detrimental for multiple reasons. This model does not allow for much downtime on the working capacity of the current fleet. The current vehicles are being used 24 hours a day, seven days a week, which puts more wear and tear on multiple vehicles.
Should one vehicle break down, there would not be enough vehicles for staff to operate during a major event or incident with the current model. During this year’s Car Week, current breakdowns forced admin vehicles into service as there were not enough patrol vehicles for working patrol officers. Staff recommends purchasing (2) Dodge Ram 1500 police-equipped trucks as patrol vehicles. This purchase would aid in the following ways:
Allow the current fleet to be rotated per shift and sides of the week, which would reduce run times by half, thus reducing wear and tear and breakdowns.
Reserve vehicles for unforeseen incidents such as breakdowns.
Allow most of your police force to have a vehicle when more than four officers are working at any given time. (Car Week, U.S Open, Pebble Beach Pro-Am, federal holidays, etc.) 4x4 trucks would allow beach access for multiple vehicles should an incident occur. 4x4 trucks would aid in hauling storm preparation equipment, barricades, misc street closure supplies, and road hazards (tree branches, debris, etc., without involving public works as often.) 4x4 trucks would handle our streets more effectively as truck chassis are better equipped for our village roads.
PURCHASING
Staff recommends purchasing two 2023 Dodge Ram 1500 Police Special Service Vehicles (SSV) Crew Cab 4X4 trucks. Once the Purchase Order (PO) has been secured, the PO will be provided to Salinas My Jeep-Chrysler-Dodge-Ram Government Fleet Sales account Administrator Dennis Greathead, who will facilitate the purchase and preparation of the vehicles. The vehicles will then be delivered to the Carmel Bythe-Sea Police Department, along with the delivery receipts and invoices. The delivery time for the vehicles should be February or March of 2024.
COMPETITIVE PRICING
The vehicles will be purchased through Salinas My Jeep-Chrysler-Dodge-Ram Government Fleet Sales Administrator Dennis Greathead and made available through sole source fleet pricing, a national contract offering members competitively awarded contract bids. The price quote for these two vehicles is $89,489.74, including doc fees, sales tax, DMV filing fees, tire fees, and delivery fees. Per our City's 'Purchasing Policy' this qualifies as a Cooperative Purchase. As the project is over the defined amount of $60,000.00, it requires City Council approval.
FISCAL IMPACT:
The Fiscal Year 2023-2024 Adopted Budget set aside a Vehicle Replacement reserve of $304,000, estimated at 10% of the total City fleet replacement value. The funding for the two (2) Police Special Service Vehicles will reduce the Vehicle Replacement reserves by $90,000.
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
Attachment 1) Resolution 2023-097
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO PURCHASE TWO (2) DODGE RAM 1500 POLICE SPECIAL SERVICE VEHICLES (SSV) CREW CAB 4X4 TRUCKS FROM MY JEEPCHRYSLER-DODGE-RAM, NOT EXCEEDING $90,000 WHEREAS, the City of Carmel by-the-Sea Police Department administrative staff has determined that expanding the police vehicle fleet from a four-police vehicle model to a six-police vehicle model would be beneficial for several reasons; and WHEREAS, the Fiscal Year 2023-2024 Adopted Budget set aside a vehicle replacement reserve of $304,000, estimated at 10% of the total City fleet replacement value; and WHEREAS, a purchase order has been secured through Salinas My Jeep-Chrysler-DodgeRam Government Fleet Sales, made available through sole source fleet pricing, a national contract offering members competitively awarded contract bids and qualifies as a Cooperative Purchase; and WHEREAS, Staff recommends purchasing (2) Dodge Ram 1500 4x4 police-equipped trucks as patrol vehicles to add to the Carmel-by-the-Sea Police fleet.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY- THE-SEA DOES HEREBY:
Authorize the City Administrator to purchase two (2) Dodge Ram 1500 police special service vehicles (SSV) crew cab 4x4 trucks from My Jeep-Chrysler-Dodge-Ram, not exceeding $90,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this 3rd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
___________________________ _____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
October 2, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Emily Garay, Administrative Analyst
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-098 amending the professional services agreement with Joseph Systems, Inc. dba J4 Systems to increase the agreement amount by $21,841.70 resulting in a new not-to-exceed amount of $81,840.70
RECOMMENDATION:
Adopt Resolution 2023-098 amending the professional services agreement with Joseph Systems, Inc. dba J4 Systems to increase the agreement amount by $21,841.70 resulting in a new not-to-exceed amount of $81,840.70.
BACKGROUND/SUMMARY:
The City utilizes a variety of consultants to augment its staffing capacity, especially to provide specialized services such as the current project to migrate some online systems from physical servers located in the City to a cloud-based platform. For this project, the City has been in an ongoing contract with Joseph Systems, Inc. to provide this specialized support. The City Administrator entered into an agreement with Joseph Systems for contract Computer Consulting services on August 9th, 2021 for a not-to-exceed cost of $23,008.70, due to the necessity of continued services, the agreement was subsequently amended on:
March 1, 2022 (Amendment No. 1), June 15, 2022 (Amendment No. 2), March 1, 2023 (Amendment No. 3), May 2, 2023 (Amendment No. 4), September 12, 2023 (Amendment No. 5). Amendment No. 5 (September 12, 2023), increased the agreement amount by $8,158.30 to a total not-to-exceed cost of $59,999.000 with a term end date of November 30, 2023.
Council is being asked to consider adopting Resolution 2023-098 authorizing the City Administrator to execute a sixth amendment (Attachment 2) to the existing agreement with Joseph Systems, Inc. that will increase the total cost by an additional $21,841.70 for a new not-to-exceed amount of $81,840.70. This additional funding amount is needed for continued System Administration consulting services and Cloud Migration support services.
FISCAL IMPACT:
The FY 23-24 Adopted Budget includes $30,000 for J4 Systems in IT Contract Services.
PRIOR CITY COUNCIL ACTION:
Council approved Agreement Amendment No. 3 on April 4, 2023 Council approved Agreement Amendment No. 4 on May 2, 2023 ATTACHMENTS:
Attachment 1) Resolution 2023-098
Attachment 2) J4 Systems Amendment No. 6
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JOSEPH SYSTEMS INC. FOR IT PROJECT SERVICES IN THE AMOUNT OF $21,841.70 FOR A NEW NOT-TO-EXCEED AMOUNT OF $81,840.70 WHEREAS, the City has been in an ongoing contract with Joseph Systems, Inc. to provide this specialized support; and
WHEREAS, City Administrator entered into an agreement with Joseph Systems for contract Computer Consulting services on August 9th, 2021 for a not-to-exceed cost of $23,008.70; and WHEREAS, due to the necessity of continued services, the agreement was subsequently amended on: March 1, 2022 (Amendment No. 1), June 15, 2022 (Amendment No. 2), March 1, 2023 (Amendment No. 3), May 2, 2023 (Amendment No. 4), September 12, 2023 (Amendment No. 5); and WHEREAS, Amendment No. 5 increased the agreement amount by $8,158.30 to a total not-toexceed cost of $59,999.000 with a term end date of November 30, 2023; and WHEREAS, additional funding amount is needed for continued System Administration consulting services and Cloud Migration support services; and
WHEREAS, the Carmel-by-the-Sea Municipal Code requires contracts exceeding $59,999 to be entered into only by Council authorization.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY- THE-SEA DOES HEREBY:
Authorize the City Administrator to execute Amendment No. 6 to the Professional Services Agreement with Joseph Systems Inc. for IT project services in the amount of $21,841.70 for a new not-to-exceed amount of $81,840.70.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
___________________________ _____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
AMENDMENT NO. 6
AGREEMENT NUMBER IT-J4SYSTEMS-43-21-22
JOSEPH SYSTEMS, INC. dba J4 SYSTEMS
1. This amendment (the “Amendment”) is made by City of Carmel-by-the-Sea and Joseph Systems, Inc. dba J4 Systems, parties to agreement IT-J4SYSTEMS-43-21-22 (the “Agreement”) executed on August 9, 2021, amended: March 1, 2022 (Amendment No.1), June 15, 2022 (Amendment No.2), March 1, 2023 (Amendment No.3), May 2, 2023 (Amendment No.4), September 12, 2023 (Amendment No.5).
2. The Agreement is amended as follows:
a. 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, hourly fees as set forth in Consultant’s Fee Schedule, in a total amount not-to-exceed Eighty One Thousand Eight Hundred and Forty Dollars and Seventy Cents ($81,840.70). 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 Attachment 2
original, and all of which, when taken together, constitute one and the same instrument.
The Amendment will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature.
6. If any term, condition, or covenant of this Amendment is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Amendment will not be affected and the Amendment will be read and construed without the invalid, void or unenforceable provision.
CONSULTANT:
By: _____________________________ Date: ______________________ CITY:
By: _____________________________ Date: ___________________ Chip Rerig, City Administrator
ATTEST:
By: _____________________________ Date: ______________________ Nova Romero, City Clerk
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
October 2, 2023
CLOSED SESSION
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Administrator
RECOMMENDATION:
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS: