Agenda packet — Carmel-by-the-Sea City Council, November 6, 2023

CITYOF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Mayor Dave Potter, Councilmembers Jeff Baron,
Alissandra Dramov, Karen Ferlito, and Bobby
Richards
Contact: 831.620.2000 www.ci.carmel.ca.us
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues

CITY COUNCIL SPECIAL MEETING
Monday, November 6, 2023
4:30 PM

HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser.
https://ci-carmel-ca-us.zoom.us/j/88307408501 Meeting ID: 883 074 08501 Passcode:
312854 Dial in: (253) 215-8782

HOW TO OFFER PUBLIC COMMENT
The public may give public comment at this meeting in person, or using the Zoom teleconference module, provided that there is access to Zoom during the meeting. Zoom comments will be taken after the in-person comments. The public can also email comments to [email protected]. Comments must be received at least 2 hours before the meeting in order to be provided to the legislative body. Comments received after that time and up to the beginning of the meeting will be made part of the record.

CALL TO ORDER AND ROLL CALL

PUBLIC APPEARANCES
Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

1. September 29, 2023, Special Meeting Minutes, October 2, 2023, Special Meeting Minutes, October 3, 2023, Regular Meeting Minutes, and Adjourned Meeting Minutes

2. September 2023 Monthly Reports

3. September 2023 Check Register Summary

4. Resolution 2023-100, authorizing the City Administrator to execute a Construction Contract with Monterey Peninsula Engineering for the Base Bid plus a 5% contingency, in the total amount of $1,139,566, for the FY 2021/22 Pavement Rehabilitation Program, including the San Carlos Bicycle Route, Eighth to Thirteenth Avenues, and Sidewalk Improvements Project, and approving a transfer from the CIP Contingency Fund of $261,566 to complete the Project

5. Resolution 2023-101, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Wallace Group for Project Management and Design Services for two capital improvement projects for a not-to-exceed fee of $241,258

6. Resolution 2023-102, authorizing a Free Use Day of the Sunset Center Theater and Lobby for the Carmel Public Library Foundation 12th Annual Fundraiser Benefit

7. Resolution 2023-104, authorizing application for, and receipt of, State of California Regional Early Action Program (REAP 2.0) Planning Grant Program funds

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9 (d) (4) (One potential case)
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d) (2) (One potential case: 26336 Scenic Drive Mills Act Contract) C. Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Administrator
PUBLIC APPEARANCES - Limited to items on Closed Session

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

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

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 6, 2023

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

September 29, 2023, Special Meeting Minutes, October 2, 2023, Special Meeting Minutes, October 3, 2023, Regular Meeting Minutes, and Adjourned Meeting Minutes
RECOMMENDATION:

Approve Draft Minutes.

BACKGROUND/SUMMARY:

The City Council routinely approves minutes of its meetings.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None
ATTACHMENTS:

Attachment 1) 9-29-23 Special Meeting Minutes
Attachment 2) 10-2-23 Special Meeting Minutes
Attachment 3) 10-3-2023 Regular Meeting Minutes
Attachment 4) 10-3-23 Adjourned Meeting Minutes

CITY COUNCIL

SPECIAL MEETING MINUTES
September 29, 2023

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 3:30 p.m.

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito (via Zoom teleconference), Mayor Pro Tem Bobby Richards, and Mayor Potter were present.

Mayor Potter announced that he received a request from Councilmember Ferlito to attend the meeting today remotely for Just Cause under Government Code Section 54953(f) Motion by Mayor Pro Tem Richards to approve Councilmember Ferlito’s request for remote participation in the meeting for Just Cause under GC 54953(f), seconded by Councilmember Dramov, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Councilmember Ferlito attended the meeting remotely via Zoom teleconferencing.

CLOSED SESSION
Public Comment:

None
Item 1 - Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Administrator
Council adjourned to Closed Session at 3:35 p.m.

ADJOURNMENT
Council adjourned the meeting at 5:05 p.m.

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

CITY COUNCIL

SPECIAL MEETING MINUTES
October 2, 2023

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

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito (via Zoom teleconference), Mayor Pro Tem Bobby Richards, and Mayor Potter were present.

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Councilmember Ferlito attended the meeting remotely via Zoom teleconferencing.

PUBLIC APPEARANCES
None.

CONSENT AGENDA
Consent agenda items 4 and 10 were pulled for discussion by Councilmember Baron.

Motion by Councilmember Baron to approve consent agenda items # 1-3, and 5, 6, 7, 8, 9, and 11, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - August 30, 2023, Special Meeting Minutes, September 11, 2023, Special Meeting Minutes, and September 12, 2023, Regular Meeting Minutes Item 2 - August Monthly Reports
Item 3 - August 2023 Check Register Summary
Attachment 2
CC Special Meeting Minutes – October 2, 2023

Page 2 of 4 ends

Item 5 - 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 Item 6 - 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
Item 7 - Resolution 2023-094 authorizing a $3,033 contribution to Interfaith Homeless Emergency Lodging Program (I-HELP) for emergency homeless shelter services Item 8 - Resolution 2023-095 Approving the Reformation of the Climate Committee Item 9 - Resolution No. 2023-096, approving the conversion from an uncontrolled to a 1-way stopcontrolled intersection at Lincoln Street and First Avenue, and from an uncontrolled to a 2-way stop controlled intersection at Lincoln Street and Second Avenue Item 11 - 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

ITEMS PULLED FROM CONSENT
Item 4 - Consider Ordinance No. 2023-006 (second reading), which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter 17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030, 17.40.070, 17.52.150,

17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040, 17.68.070, 17.70.010 and 17.70.020 and to municipal code sections 12.08.050, 12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act
Community Planning and Building Director Brandon Swanson summarized the changes that were made per Council’s direction after the first reading of the Ordinance, and the recommendation today is for Council to conduct a second reading and adopt the final Ordinance. City Attorney Pierik said that during the second reading Councill may make minor administrative changes to the Ordinance but any substantive changes would require another first reading.

Public Comment:

Tasha Witt
Christy Hollenbeck
Councilmember Baron said he requested to pull this item from consent for public comment and discussion. He expressed his concerns over the inclusion of the term “adverse affect on property value” in the Ordinance, suggesting it could lead to the rejections of Wireless Communication Facility applications in the R-1, effectively banning them.

Attachment 2
CC Special Meeting Minutes – October 2, 2023

Page 3 of 4 ends

Public Comment:

Tasha Witt
Christy Hollenbeck
Motion by Mayor Pro Tem Richards to adopt Ordinance 2023-006 as presented, seconded by Councilmember Ferlito, and approved by the following roll call vote 4-1-0-0:

AYES: Councilmember Dramov, Ferlito, Richards, and Mayor Potter NOES: Councilmember Baron
ABSENT: None
ABSTAIN: None
Item 10 - 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-DodgeRam, not exceeding $90,000 Councilmember Baron emphasized the need for electric vehicles in line with the City's Climate Action Plan and a future transition to electric vehicles. He also noted that the 4X4 trucks as police vehicles are large and imposing. Councilmember Ferlito supported the idea of having a choice or comparison with electric vehicles next time.

Public Comment:

None
Motion by Councilmember Baron to adopt Resolution 2023-097, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

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

CLOSED SESSION
City Attorney Pierik read the title of the closed session agenda item.

Public Comment:

None
Closed Session Item A - Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Administrator
Council adjourned to Closed Session at 5:05 p.m.

ADJOURNMENT
Attachment 2
CC Special Meeting Minutes – October 2, 2023

Page 4 of 4 ends

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

CITY COUNCIL

REGULAR MEETING MINUTES
October 3, 2023
TOUR OF INSPECTION - 3:00 PM
The Councilmembers conducted an on-site tour of inspection of the properties listed below:

A. MA 23-116 (Esperanza Carmel, LLC) - 26336 Scenic Road in the Single-Family Residential (R-1) District. APN 009-423-001.

B. MA 23-146 (Lopez 5 NW, LLC) - Lopez Avenue 5 northwest of 4th Avenue in the Single-Family Residential (R-1) District. APN 010-232-028.

C. MA 23-117 (Griffin) - 3rd Avenue 2 northwest of Junipero Street in the Single-Family Residential (R-1) District. APN 010-108-007.

D. MA 23-103 (Cypress Inn) - northeast corner of Lincoln Street and 7th Avenue in the Residential-Commercial (R-C) District. APN 010-147-008.

OPEN SESSION - 4:30 PM

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

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito (via Zoom teleconference), Mayor Pro Tem Bobby Richards, and Mayor Potter were present.

PLEDGE OF ALLEGIANCE
Councilmember Baron led the pledge of allegiance.

Mayor Potter announced that he received a request from Councilmember Ferlito to attend the meeting today remotely for Just Cause under Government Code Section 54953(f).

Motion by Mayor Pro Tem Richards to approve Councilmember Ferlito’s request for remote participation for Just Cause under GC 54953(f), seconded by Councilmember Dramov, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Councilmember Ferlito attended the meeting via Zoom teleconferencing.

EXTRAORDINARY BUSINESS
Attachment 3
CC Meeting Minutes – October 3, 2023

Page 2 of 9 ends

A. Carmel High School Report Out - None.

B. Recognition of the Volunteers in Police Service (VIPS) - Chief Watkins recognized VIPS members Lee Whitney, Jim Dallas, Bob Gotch, Joanne Noto, Deanna Dickman, Diana Wahler, Carolyne Profeta, Paul Falworth, and David O’Neil. Lee Whitney received a Volunteer of the Year plaque for her 17 years of service, with an award from Assembly Member Dawn Addis.

C. City Administrator Rerig thanked Catherine, Nicola, and Blitzen Sebastiani for their $7,500 donation to the Carmel Police Department in honor of Acting Police Chief Watkins. He added that the funds will go towards purchasing a new police vehicle which was approved during yesterday’s Special Council meeting.

PUBLIC APPEARANCES
Nancy Twomey
Ken White
Tom
Daisy Rose
Allie Minor
Patricia Harrington
Logan Miles Allison

ANNOUNCEMENTS
A. City Administrator - No announcements
B. City Attorney – Announced that there was no reportable action from the Closed Session meetings on October 2nd or on September 29th.

C. Councilmember Dramov - Gave an update on the Flock Cameras ad hoc committee, and encouraged the public to reach out if they have any questions.

Councilmember Ferlito – Encouraged everyone to get their flu shot and COVID vaccines, and to stay healthy and safe. She said that the Mission Trail Nature Preserve (MTNP) tank removal project is in progress and thanked the Friends of the MTNP volunteers and Public Works.

Mayor Pro Tem Richards – Congratulated the Carmel High School football team and crosscountry team on their recent wins.

ORDERS OF BUSINESS
Item 1 - Receive a Presentation by Wave Astound Broadband to introduce a new Fiber Optic Project and authorize the issuance of an Encroachment Permit with Special Conditions of Approval
Public Works Director Harary gave a brief background regarding the history of the item and summarized the main conditions of approval outlined in the Encroachment Permit and Special Conditions and asked for Council direction. He introduced John Mosher, Senior Construction Attachment 3
CC Meeting Minutes – October 3, 2023

Page 3 of 9 ends

Manager for Wave Broadband, who gave a presentation on the proposed fiber optic project and answered questions from Council.

Public Comment:

Tasha Witt
Melanie Billig
Council discussed concerns about adding more wires to utility poles and inquired about undergrounding and micro trench options for fiber optic cables. Mr. Mosher stated that Wave isn't proposing these options now but is open to cost-sharing discussions with other utilities. City Administrator Rerig mentioned that the City would be responsible for engineering and trenching costs, which is a significant undertaking. Council discussed deferring a decision on the item requesting staff to come back at a future date to provide more information on undergrounding costs.

Motion by Mayor Potter to continue this item to December with more questions answered, seconded by Councilmember Baron, approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 2 - Receive an after-action report for Car Week 2023 and provide staff with direction Library and Community Activities Director Ashlee Wright presented a summary of the four permitted Car Week events in Carmel to the Council. She discussed their impacts, mitigation measures, and public feedback, along with safety recommendations for 2024 and proposed changes to the parking stall rental program administration. Ms. Wright also talked about updating the special events policy to include specific guidelines for car week parking stall rentals.

Acting Police Chief Watkins reported that during Car Week, the Police had 40 hours of dispatch overtime, 270 hours of patrol overtime, 45 volunteer hours, and received over 212 calls for service daily, including 20 calls for reckless driving. He mentioned 141 traffic stops, 74 citations, 67 warnings, 2 arrests, and 2 DUIs. There were over 350,000 visitors and around 18,000 cars in Carmel during Car Week. Chief Watkins noted that daytime events ran smoothly, but nighttime and non-permitted "events" were more challenging for the staff. He pointed out that updates to the municipal code would be needed to address noise issues such as idle cars and car revving.

Public Comment:

David O’Neil
Cindy Lloyd
Beth Bowman
Mike Brown
Ian Martin
The Council provided the following consensus direction for next year's Car Week:
• Proceed with staff’s planning recommendations.

Attachment 3
CC Meeting Minutes – October 3, 2023

Page 4 of 9 ends

• Task the police department staff to collaborate with the City Attorney on amending the municipal code to enhance penalties for noise disturbances. • Inquire about the cost of acquiring a decibel reader. • Arrange temporary fencing to safeguard the WWI Memorial and medians. • Revise the guidelines for the parking stall program during Car Week, including green zones and limitations on parking spot rentals per business or block.

RECESS – Council took a recess at 6:20 p.m. and returned to the dais at 6:35 p.m.

Item 3 - Receive a report on the outcome of the August 30, 2023, City Council Priorities Workshop and provide direction to staff regarding the projects on the list. Direction to staff may include adjusting the priority level, scheduling discussion for a future meeting, or whether to add, remove, or change items on the list.

Administrative Analyst Emily Garay gave a brief summary of the direction received from Council during the August 30th Priority Workshop and asked for Council direction on each of the 22 active priorities. Council gave consensus direction as follows:
 Keep fourteen (14) projects as “Top Priority” status:
• Update Zoning Code & Design Guidelines AND Explore Reinstatement of the Design Review Board (DRB)
• Develop Accessory Dwelling Unit (ADU) Ordinance
• Review Barriers to Construction of Affordable Housing • Police/Public Works Building Renovation Project
• Review Opportunities for Enhanced Fire/Ambulance Services – created ad hoc committee (Mayor Potter and Councilmember Baron)
• Develop a plan to ensure that the City’s natural areas, as well as private property, are properly maintained to reduce fire risk
• Develop Urban Forest Master Plan (UFMP) & Update Tree Ordinance • Stormwater Ordinances Update
• Develop a Facilities Maintenance Plan (Facility Renovation Projects) • Underground Utilities Rule 20A
• Explore Opportunities for Scout House
• Explore Opportunities for Flanders Mansion – created ad hoc committee (Mayor Potter and Councilmember Dramov)
• Explore Street Addresses
• Explore Parking and Traffic Management Program
 Keep four (4) projects as a “low” priority level:
• Explore Opportunities for Permanent Outdoor Dining/Downtown Master Plan • Explore Redevelopment of the North Lot at Sunset Center • Review/Reformulate Approach to Reserves/Update Financial Policies • Develop and Implement Social Media Plan
 Elevate two (2) projects to “Top Priority” status:
• Volunteer Group Oversight, Facilitation, and Appreciation • Coastal Engineering Study and Climate Committee
Attachment 3
CC Meeting Minutes – October 3, 2023

Page 5 of 9 ends

 Move one (1) project to the “Completed” list:
• Develop Telecommunications Ordinance Consistent with Federal Law  ADD the following six (6) priorities to the list:
• Outdoor Wine Tasting Ordinance – created ad hoc committee (Mayor Potter and Councilmember Baron)
• Carmel Area Wastewater District (CAWD) - Carmel River “Bridge to Everywhere” Project – Mayor Potter is representing the city on this project • Transient Occupancy Tax (TOT) increase – Explore adding to the 2024 ballot • Board and Commissioner training – City Attorney and City Clerk to work on updating the commissioner handbook
• Undergrounding Power Lines - bigger project, separate from Rule 20A Priority – created ad hoc committee (Councilmembers Baron and Dramov) • Car Week Impacts and Safety
Public Comments:

Nancy Twomey
Louise Leder
David O’Neil
Melanie Billig

PUBLIC HEARINGS
Item 4 - DR 23-140 (Esperanza Carmel Commercial - JB Pastor Building): Consideration of a resolution overturning the July 2023 decision of the Historic Resources Board (Reso. 2023-009- HRB) and issuing a Determination of Consistency with the Secretary of the Interior’s Standards, with new findings and conditions, for the construction of a mixed-use building with subterranean garage on a portion of the Northern California Savings & Loan Complex site located at Dolores Street 2 Southeast of 7th Avenue in the Service Commercial (SC) Zoning District. APNs 010-145- 012, 010-145-023, 010-145-024
Mayor Pro Tem Richards recused himself from the item and left the dais at 7:06 pm.

Associate Planner Evan Kort gave a summary and brief presentation of the item. He briefly described the direction from Council that was received at the last meeting, which includes a Resolution for adoption which will overturn the HRB’s decision, with new findings of consistency and revised conditions of approval for the project.

Jun Sillano addressed the Council on behalf of the applicant, stating that they agree with the city’s historian, staff, and the Historic Resources Board’s recommendations to allow the applicant to relocate the wall and awaits Council’s decision.

Public Comment:

Kent Seavey
David O’Neil
Cindy Lloyd
Mike Brown
Attachment 3
CC Meeting Minutes – October 3, 2023

Page 6 of 9 ends

Alec Shebet
Craig Rose
Logan Miles Allison
Holly Pease
No name
Dale Byrne
Council discussion resumed.

Motion by Councilmember Dramov to adopt Resolution 2023-099 as presented, seconded by Councilmember Ferlito. Councilmember Baron made a friendly amendment to requesting to change the Resolution verbiage from “changes to be considered include…..” to “changes to be considered SHOULD include”….Councilmembers Dramov and Ferlito accepted the amendment.

Motion by Councilmember Dramov to approve the Resolution with the amendment to language to say, “changes to be considered should include” instead of “consider”, seconded by Councilmember Ferlito approved by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: Mayor Pro Tem Richards (recused)
Mayor Pro Tem Richards returned to the dais at 7:35 pm.

Item 5 - MA 23-116 (Esperanza Carmel, LLC): Consideration of a Mills Act Contract application MA 23-116 (Esperanza Carmel LLC) for the historic "Mrs. Clinton Walker House" located at 26336 Scenic Road in the Single-Family Residential (R-1) District. APN 009-423-001.

Associate Planner Katherine Wallace, Planner, gave a brief presentation and summary of the item, and answered questions from Council.

Public Comment:

Chris Mitchell spoke on behalf of the applicant, supporting approval of the Mills Act contract.

Chris Barlow
Katherine Smith
David O’Neil
Kent Seavey
Council discussion resumed. Councilmember Baron said he recognizes and appreciates the historical significance of the property and the value of historic preservation. He expressed concerns about the financial impacts on Carmel schools and the city if the Mills Act contract is approved. He questioned the financial equity of the agreement between the city and the applicant, Attachment 3
CC Meeting Minutes – October 3, 2023

Page 7 of 9 ends

considering the recent information provided to Council that the applicant stands to receive close to a 75% discount on their property tax assessment, which over 10 years that discount in taxes would amount to more than the amount spent on historic preservation.

Councilmember Dramov said she supports historic preservation but expressed similar concerns about tax revenue loss and whether the applicants applying for Mills Act contracts lately truly need financial assistance. Councilmember Ferlito echoed the concerns brought up by Councilmember Baron and Dramov and said she would like to revisit putting a cap on tax breaks in the Mills Act policy and is hesitant to approve any Mills Act contract without knowing what financial impacts to the city are.

Mayor Potter and Mayor Pro Tem Richards voiced support for approving the Mills Act contract based on the existing policy standards. Councilmember Baron questioned the finding that “approval of the Mills Act contract will represent an equitable balance of public and private interests and will not result in substantial adverse financial impact on the City” has been met in this instance, and for that reason does not support approval. Councilmember Baron said he has raised these objections before, including during the 2019 application for the same property.

Councilmember Dramov supported further discussion on the Mills Act Policy before taking action on the applications. Mayor Pro Tem Richards said that the Mills Act applications brought forward tonight should be held to the current policy standards.

Motion by Mayor Potter to approve MA 23-116 (Esperanza Carmel, LLC), seconded by Mayor Pro Tem Richards. Motion failed 2-3-0-0 by the following roll call vote:

AYES: Mayor Pro Tem Richards, and Mayor Potter
NOES: Councilmember Baron, Dramov, Felito
ABSENT: None
ABSTAIN: None
Mayor Potter suggested that the Council continue this application and the remaining 3 Mills Act applications on the agenda to a future meeting date. Council directed staff to come back next month with an agenda item for Council to review the Mills Act Policy.

Motion by Mayor Potter to continue MA 23-116 to a date uncertain, and come back at future meeting to discuss the Mills Act Policy, seconded by Mayor Pro Tem Richards and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 6 - MA 23-146 (Lopez 5 NW, LLC): Consideration of a Mills Act Contract application MA 23- 146 (Lopez 5 NW, LLC) for the historic "Cosmas House" located on Lopez Avenue 5 northwest of 4th Avenue in the Single-Family Residential (R-1) District. APN 010-232-028.

Councilmember Baron recused himself from the item and left the dais at 8:19 p.m.

Attachment 3
CC Meeting Minutes – October 3, 2023

Page 8 of 9 ends

Motion by Mayor Potter to continue MA 23-146 (Lopez) to a date uncertain, seconded by Mayor Pro Tem Richards and approved 4-0-0-1 by the following roll call vote:

AYES: Councilmembers Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: Councilmember Baron (recused)
Councilmember Baron returned to the dais at 8:21 p.m.

Item 7 - MA 23-117 (Griffin): Consideration of a Mills Act Contract application MA 23-117 (Griffin) for the historic "Agnes Shorting House" located on 3rd Avenue 2 northwest of Junipero Avenue in the Single-Family Residential (R-1) District. APN 010-108-007.

Motion by Mayor Pro Tem Richards to continue MA 23-117 (Griffin) to a date uncertain, seconded by Mayor Potter and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 8 - MA 23-103 (Cypress Inn): Consideration of a Mills Act Contract application MA 23-103 (Cypress Inn) for the historic "La Ribera Hotel" located on the northeast corner of Lincoln Street and 7th Avenue in the Residential-Commercial (R-C) District. APN 010-147-008.

Mayor Potter and Mayor Pro Tem Richards recused themselves from the item and left the dais at 8:22 p.m.

Motion by Councilmember Baron to continue MA 23-103 (Cypress Inn) to a date uncertain, seconded by Dramov and approved 3-0-0-2 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito
NOES: None
ABSENT: None
ABSTAIN: Mayor Pro Tem Richards and Mayor Potter (recused)

FUTURE AGENDA ITEMS
None

ADJOURNMENT
Council adjourned the meeting at 8:25 p.m.

APPROVED: ATTEST:

Attachment 3
CC Meeting Minutes – October 3, 2023

Page 9 of 9 ends

__________________________________ _________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 3

CITY COUNCIL

SPECIAL MEETING MINUTES

ADJOURNED CLOSED SESSION MEETING
October 3, 2023

CALL TO ORDER AND ROLL CALL
City Clerk Romero called the Adjourned Closed Session Meeting to order at 8:29 p.m., and announced that there were no Councilmembers present, and adjourned the meeting 8:29 p.m due to lack of quorum.

Item 1 - Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Administrator

ADJOURNMENT
Meeting adjourned at 8:29 p.m.

APPROVED: ATTEST:
__________________________________ _________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 6, 2023

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

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:

City Administrator Contract Log - No contracts under $60,000 executed in September Community Planning and Building Department Reports
Police, Fire, and Ambulance Reports
Public Records Act Requests
Public Works Department Reports
FISCAL IMPACT:

N/A
PRIOR CITY COUNCIL ACTION:

N/A
ATTACHMENTS:

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

CITY OF CARMEL-BY-THE-SEA
Monthly Report

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

In September 2023, 25 planning permit applications were received.

II. BUSINESS LICENSE APPLICATIONS:

In September 2023, 6 business license applications were received.

III. BUILDING PERMIT APPLICATIONS:

In September 2023, 49 building permit applications were received.

IV. CODE COMPLIANCE CASES:

In September 2023, 11 new code compliance cases were created.

V. TRANSIENT RENTAL COMPLIANCE CASES:

In September 2023, 1 new transient rental compliance case was created.

VI. ENCROACHMENT PERMIT APPLICATIONS:

In September 2023, 30 encroachment permit applications were received.

VII. TREE PERMIT APPLICATIONS:

In September 2023, 31 tree permit applications were received.

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: November 7, 2023
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 1
VIII. YEAR-TO-DATE TRENDS
Table 1 includes the following September 2023 totals:
• Planning Permit Applications
• Business License Applications
• Building Permit Applications
• Code Compliance Cases
• Transient Rental Cases
• Encroachment Permit Applications
• Tree Permit Applications
September 2023 totals are provided alongside September 2022 totals for comparison. Compared to the same time period in the year 2022, Table 1 denotes percentage changes in the year 2023.

Table 1
Permit Application Totals and YTD Percentage Changes

PLANNING BUSINESS

LICENSES BUILDING CODE COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE
ENCROACHMENTS
TREE

REMOVAL &

PRUNING
2022 YTD
Totals 294 48 393 189 31 211 140
2023 YTD
Totals 301 57 467 172 27 217 309
YTD %
Difference + 2.38% + 18.75 % + 18.83% - 8.99% - 12.90% + 2.84% + 120.71% Attachment 1
Page: 1 of 4
Planning Permit Report
09/01/2023 - 09/30/2023
Permit
#
Permit
Type
Project Description Address/Location Date
Received
Date
Approved
Status
23300 Design
Study
A Revision To Associated
Planning Permits - DS 20-392 &
DS 23-012

1.) Shift Entry Door Wall 18”
Toward Exterior, Adding 6 SF of
Floor Area. Addition Occurs
Under Existing Roof.

2.) Add Bar Sink At Living Room
/ Kitchen Cabinet.

3.) Add 2’x2’ Skylight At The
West Side Of Master Bathroom.

4.) Reconfigure Entry Gate /
Wall & Walkway.
3 SW of 13th on
Camino Real
9/28/2023 In Review
23299 Design
Study
Construct new storage building. Perry Newberry 3
NW of 5th
9/27/2023 In Review
23298 Design
Study
Revision to recent planning
approval DS 22-274 (Cruz).

Interior & Exterior remodel of a
one-story single family
home, reducing the proposed
building footprint and relocating
the proposed detached garage
to the opposite
side on the front yard.

Monte Verde 3 NW
of 11th
9/27/2023 In Review
23297 Design
Study

INTERIOR REMODEL OF
KITCHEN AND (3) BATHROOMS.

NEW INTERIOR FINISHES TO

INCLUDE PLUMBING FIXTURES,

APPLIANCES, MILLWORK, TILE,
AND COUNTERTOPS. EXTERIOR
- (2) WINDOWS TO BE
RESIZED, AND (1) WINDOW TO
BE ADDED. ROOFING TO BE

REPLACED, AND NEW ROOF
INSULATION LAYER ADDED.

REPLACE GARAGE DOORS.

STRUCTURAL MODIFICATIONS
- (2) WDW. HEADERS. THERE

WILL BE NO MODIFICATIONS

TO THE BUILDING FOOTPRINT
OR SITE COVERAGE.
5th Ave. 2 NE of
Santa Rita
9/27/2023 In Review
23296 Preliminary
Site
Assessment
New SFR, previously approved
in 2014, revised and updated
plans to current codes.

Carmelo Street 3 SE
of 4th
9/27/2023 In Review
Attachment 1
Page: 2 of 4
23295 Design
Review
Exterior Stair Replacement SW corner of
Camino Real and
8th
In Review
23294 Preliminary
Site
Assessment
Preliminary Site Assessment Casanova 3 SE of
4th Ave
9/20/2023 In Review
23293 Design
Study
PSA 23-061. The project is a
250-SF addition to the existing
1,208-SF residence and 350-SF
guest house consisting of a 200-
SF detached (20x10) garage w/
a 50-SF (5x10) storage building
separated by 6 FT to
accommodate both the existing
3-FT-wide utility easement at
the North end of Lot 5 to
provide covered bicycle storage.

Also proposed is a replacement
front door (Dutch style). See
Sheet 4.

Lobos Street 2 NE
of 4th Avenue
9/20/2023 In Review
23292 Design
Study
Remodel of an (e) two story
single family house and
detached garage. Replace (e)
wood windows & doors with
new alum. clad windows and
doors. Dark green color to
match (e). Window/door style
to match (e). Remodel (e)
kitchen and 2 (e) bathrooms.

New interior lighting and
electrical.

Santa Fe Street 3
SE of Ocean
Avenue
9/15/2023 In Review
23291 Design
Review
Associated Building Permit
Application BP 19-467
(Mann/Parashis). Amend Permit
Application DR 20-003
(Parashis) to include
replacement of all 2nd story
windows, remove residential
elevator, reduce previously
approved balcony to 182 sf
from 300 sf, add two skylights,
reconfigure interior bedrooms
on the 2nd floor from previously
approved layout. No new added
habitable area.

NW Corner of 6th
and Dolores
9/14/2023 In Review
23290 Design
Study
Associated Permit Application
PSA 22-053 (Britton). New
1,600-SF, 2-story, single-family
house: 3 BR, 3 BA. New 200-SF
detached garage. New 433-SF
detached ADU.

Santa Fe 3 SW of
Mountain View
9/11/2023 In Review
Attachment 1
Page: 3 of 4
23289 Temporary
Use Permit
DATE OF EVENT: 09/29/2023.

Vocalist and acoustic guitarist
with small speaker and
microphone to play easy
listening music from 6:30 PM -
10:00 PM.

This will be for a 50th birthday
dinner of 16 guests on the
Grasing's Rooftop.

NW Corner of 6th &
Mission Street
9/14/2023 9/27/2023 Approved
23288 Banners Installation of two double sided
banners and 6 single sided
banners from Junipero to Monte
Verde from 12/1/23 - 12/11/23.

Ocean Ave from
Junipero to Monte
Verde
9/12/2023 9/13/2023 Approved
23287 Design
Review
Minor cosmetic improvements
for the steps and brickwork at
the front of the existing
property at the San Carlos
Professional Center consisting of
minor modifications to the
existing hardscape and the
addition of a decorative curved
brick wall. No new landscaping
is proposed.

San Carlos 2 NW of
8th
9/11/2023 9/27/2023 Approved
23286 Historic
Evaluation
HISTORIC EVALUATION.

Associated Permit DS 23-235:

Replace existing fence on
Carmelo and 12th Ave sides of
property at 4' tall. Replace
existing walkway from corner of
Carmelo & 12th to front door.

SW Corner of
Carmelo & 12th
9/8/2023 In Review
23285 Historic
Evaluation
HISTORIC EVALUATION. Ticket
#14628
Monte Verde 4 SW
of 3rd Ave
9/7/2023 In Review
23284 Historic
Evaluation
HISTORIC EVALUATION.

Proposed Reroof: Remove
existing shake roofing and
replace with Cedur brand
Shake, color Walden.

Carmelo 4 SW of
4th
9/7/2023 In Review
23283 Design
Study
Living / entry addition,
rebuilding garage, deck and
Exterior stairs. Remodel kitchen
and bathrooms. Replacing
exterior windows and doors.

Redo finish floor on balcony
Santa Fe 3 NE
Mountain View
9/7/2023 In Review
Attachment 1
Page: 4 of 4
23282 Design
Study
Rebuilding a garage that was
destroyed by a tree in the
storm. Existing garage was 312
sf, new garage to be 493 sf.

Project to include the
construction of a new 397sf
second-story ADU in a carriage
house design to match the
existing SFR, to total 890sf.

SW Corner of Santa
Fe & Mountain View
9/7/2023 In Review
23281 Variance Associated with DS 22-184.

Remodel to (E) SFD.

NE corner of 12th
and Scenic
Scheduled
for PC
23280 Sign New sign to be affixed to front
of Suite 3, front window where
hardware is existing. Install to
be completed by Monterey
Signs. Also, two (2) small signs
to slide into courtyard marquis
(already existing).

SW Corner of San
Carlos & 7th,
Hampton Court,
Unit #3
9/5/2023 10/2/2023 Approved
23279 Design
Study
New Entry Fence, Gate & Trellis.

Add New Window & Planter Box
Above Garage Door. Extend The
Deck On The West Side Of The
Residence. Replace One
Window With A French Door For
Better Deck Access. Remove
Redwood Decking And Replace
It With Trex Decking. Apply
Tempered Glass Handrail To
The New Extended Deck For
Better Viewing.

South East Corner
Of San Antonio &
2nd
9/6/2023 In Review
23278 Design
Review
We are rebuilding the existing
art studio
NE Corner of
Guadalupe and 4th
Avenue
9/11/2023 In Review
23277 Design
Review
Replace decaying deck beams.

Rebuild garbage room.

NW Corner of
Ocean & Monte
Verde
9/5/2023 In Review
23276 Design
Review
outdoor lighting permit corner of Dolores &
7th
9/12/2023 In Review
Total Records: 25 10/6/2023
Attachment 1
Page: 1 of 2
Business License Report
09/01/2023 - 09/30/2023
Entity # Application
Type
Business
Name
Business Description Location Date
Received
Date
Approved
Status
23056 New Business Moore
Consulting
Psychotherapist Junipero 2
SW of 4th
9/26/2023 In Review
23055 Location
Change
Signature Day
Spa
Day spa, health, wellnes Mission
Street
9/26/2023 In Review
23054 New Business Mark Lupo
Interiors
Office work, phone calls,
computer work,
bookkeeping
Ocean
Avenue 2
NW of
Dolores
Street
9/22/2023 In Review
23053 Location
Change
In the Bag This approval of BL 23-
053 authorizes the
subject business to be
engaged in Apparel Sales
(CMC 17.14; “Retail
Sales”, CMC 17.70)
located in an 804 square
foot ground floor
commercial space in the
Central Commercial (CC)
Zone District offering the
following goods and
services.

Lincoln 4
NE of 7th
9/12/2023 9/27/2023 Approved
23052 New Business Glacier Boutique This approval of BL 23- 053 authorizes the
subject business to be
engaged in Apparel Sales
(CMC 17.14;
“Retail Sales”, CMC

17.70) and Cosmetic
Sales (CMC 17.14;
“Cosmetic Stores”, CMC

17.70) located in a
922 square foot ground
floor commercial space in
the Central Commercial
(CC) Zone District
offering the
following goods and
services
Ocean Ave.
& Monte
Verde
9/12/2023 9/27/2023 Approved
Attachment 1
Page: 2 of 2
23051 New Business Mad Dogs &
Englishmen
This approval (BL 23-051)
authorizes the subject
business to be engaged
in Retail Sales (CMC

17.70) and as an ancillary
Specialty Restaurant
(CMC 17.70) located in
the Central Commercial
(CC) Zone District
SW Corner
of Ocean &
Mission
Street
9/7/2023 9/22/2023 Approved
Total Records: 6 10/5/2023
Attachment 1
Page: 1 of 6
Building Permit Report
09/01/2023 - 09/30/2023
Permit
#
Date
Submitted
Date
Approved
Project Description Valuation Permit
Type
Property
Location
230465 VOID 0 BP
Revision

SAN ANTONIO

AVENUE,
CARMEL-BY-THESEA, CA, 93921
230464 9/28/2023 Remodel 3 existing
bathrooms and kitchen.
145,000 Building Guadalupe 5 SW
of 5th
230463 9/28/2023 9/28/2023 Interior cosmetic
improvements. In kitchen -
replace countertops, sink,
cooktop and oven. All
plumbing fixtures and
appliances to remain at
existing locations.

Downstairs guest bathroom
- replace countertop, floor
tile, tub and shower tile. All
plumbing fixtures to remain
in the same location.
0 Exempt
Work
San Antonio 2
SW of 10th
230462 9/28/2023 Addition of an emergency
backup generator
20,000 Electrical NW Corner of
San Antonio &
2nd
230461 9/27/2023 Installing Electric Heaters 6,000 Building Dolores 5 SE of 5th
230460 9/27/2023 Remove existing
compostion roof, install
plywood and install new
compostion roof matching
color as close as possible.

Install new Modified
Bitumen roof over existing
Modified Bitumen roof
matching color as close as
possible.
8,447 Roofing Ocean 3 SE of
Monte Verde
230459 9/26/2023 9/26/2023 Remove and replace 800 sf
roof section in-kind with
wood shingles.
21,000 Roofing Dolores 4 NE of
Santa Lucia
230458 9/26/2023 Commercial TI for new
business to include new
electrical wiring, painting,
patch work, and new
flooring.
10,000 Building Ocean 2 NE of
Monte Verde
Attachment 1
Page: 2 of 6
230457 9/26/2023 Remodel (e) two-story
house and detached
garage. Replace (e)
windows and doors with
new, remodel (e) kitchen
and remodel two
bathrooms. Install new
lighting and electrical.
125,000 Building Santa Fe 3 SE of
Ocean
230456 9/27/2023 9/27/2023 Main electrical service
panel upgrade from
100amp to 200amp
7,000 Electrical SW Corner of
Perry Newberry
& 5th
230455 SEE BP 23-119, RV01.

Revision to update
structural plans to include
lowering existing concrete
slab foundation to correct
interior ceiling clearance.
35,000 BP
Revision
Guadalupe 5 SW
of Ocean Ave.
230454 9/26/2023 10/4/2023 REROOF - REMOVE AND

REPLACE EXISTING SHAKE

ROOF WITH CERTAINTEED

LANDMARK TL

COMPOSITION, COLOR

COUNTRY GRAY
26,280 Roofing SE Corner of
Camino Real &
9th
230453 9/27/2023 Replace existing redwood
decking/handrail with new
redwood. Address any
wood rot
17,000 Exempt
Work
Carpenter 4 NE
of 3rd
230452 9/27/2023 Install a 16KW Generac
Generator - DUPLICATE
APPLICATION, SEE EP 23-
418
20,000 Electrical 6 Forest Road
Carmel by the
sea
Attachment 1
Page: 3 of 6
230451 9/26/2023 INTERIOR REMODEL OF
KITCHEN AND (3)
BATHROOMS. NEW

INTERIOR FINISHES TO

INCLUDE PLUMBING

FIXTURES, APPLIANCES,

MILLWORK, TILE, AND
COUNTERTOPS. EXTERIOR
- (2) WINDOWS TO BE
RESIZED, AND (1)
WINDOW TO BE ADDED.

ROOFING TO BE

REPLACED, AND NEW

ROOF INSULATION LAYER
ADDED. REPLACE GARAGE
DOORS. STRUCTURAL
MODIFICATIONS - (2)
WDW. HEADERS. THERE

WILL BE NO

MODIFICATIONS TO THE

BUILDING FOOTPRINT OR
SITE COVERAGE.
450,000 Building 5th 2 NE of
Santa Rita
230450 7/13/2021 6/1/2022 Commercial. New
restaurant and commercial
TI. Contact: Monterey
Custom Builders (831) 206-
4705
75,000 Building Carmel Plaza,
Suite 111
230449 9/20/2023 Install New Bryant Heat
Pump Model
#38MURAQ30AA3,
30,000BTU, 2.5 Ton
7,800 Mechanical Junipero 4 SW of
Alta
230448 9/20/2023 9/20/2023 100 amp main panel
replacement in-kind.
200 Electrical Santa Fe 7 SW of
8th
230447 9/20/2023 9/26/2023 Remove existing fence and
ivy covering. Replace
existing wood fence on the
east, rear property line
with new 6' high
grapestake fence. Length
of fence is approx 60'.
0 Exempt
Work
8th 3 SE of Santa
Fe
230446 9/19/2023 9/20/2023 Repair foundation under
living room, replace (e)
concrete footing.
4,000 Building San Carlos 4 NE
of 1st
230445 9/18/2023 Remodel including
changing out windows and
doors, expanding deck,
adding a powder room,
general updates.
170,000 Building Torres 5 SE of
8th
Attachment 1
Page: 4 of 6
230444 9/18/2023 9/18/2023 Demolition of existing
bathroom and upgrade of
all plumbing fixtures in the
same locations with new
fixtures.
9,000 Building SW Corner of
Monte Verde &
9th
230443 9/18/2023 Kitchen Remodel. Add
and/or move electrical
outlets. Add water line for
refrigerator, install garage
disposal and dishwasher.
2,500 Building Perry Newberry 3
NW of 5th
230442 9/18/2023 9/18/2023 Installation of subfloor in
garage.
0 Exempt
Work
Guadalupe 2 NE
of 3rd
230441 9/15/2023 9/15/2023 Replace existing water
heater with new Bradford
White BRG2PV50H6N19
model.
4,900 Plumbing 8th 2 SE of
Torres
230440 9/15/2023 See attached. 20,000 Building 8th 2 SE of Santa Fe
230439 9/15/2023 Rain gutter installation for
house and detached
garage.
2,712 Exempt
Work
4910 Monterey st
230438 9/14/2023 Replace damaged siding,
approx 200sf.
20,000 Building Scenic 5 SE of
10th
230437 9/14/2023 9/14/2023 Installation of new carpet,
new hardwood floors, and
new interior paint.
0 Exempt
Work
Guadalupe 3 NW
of 6th
230436 9/14/2023 Replace Rooftop Unit For
Space 225B.
20,750 Mechanical Ocean Avenue &
Mission Street
230435 9/14/2023 9/14/2023 Remove existing
Presidential Composition
Shingle roof and install
new Presidential
Composition Shingles in
color Country Gray.
18,000 Roofing SE Corner of
Forest & Pine
Ridge Way
230434 9/13/2023 Interior remodel of the
offices behind the
detached garage. Install
LVP flooring, remove
existing baseboards and
install new baseboards.

Swap out white
switches/outlets for
existing brown ones. Lay
fiberglass bat insulation in
uninsulated attic of main
house. Cover approx
10'x10' section of attic floor
with plywood for storage.
0 Exempt
Work
NW Corner of
Mission & 11th
Attachment 1
Page: 5 of 6
230433 9/12/2023 Roof extension. 10,000 Building Carmelo 6 NW of 4th
230432 9/11/2023 New 253 sf detached
garage
0 Building NE Corner of
12th and San
Antonio
230431 9/11/2023 10/5/2023 Addition of stone veneer to
an existing cinder block
fireplace (9'x6') and hearth
(6'x2') with 87sf of
coverage.
4,566 Building Lopez 8 SE of
2nd
230430 9/11/2023 9/11/2023 Remove and replace
furnace in the same
location.
8,665 Mechanical SW Corner of
Junipero & 12th
230429 9/11/2023 9/11/2023 Run new wiring in kitchen,
bedrooms, bathrooms, and
living room.
5,000 Electrical NW Corner of
Mission & 11th
230428 9/11/2023 Remove existing
composition shingle roofing
and install new
composition shingles:
30,000 Roofing Casanova 4 NW
of 7th
230427 9/8/2023 9/18/2023 Placement of temporary
storage shed in yard
behind stairs. Shed is
proposed to be 10.08' long,

8.31' wide and 5' tall at the
peak. Shed is to be made
from wood and will be
painted Redwood Brown to
match the house. Shed will
be used to store bicycles.

Additionally install a 6' tall
fence, gate, and 7' tall
arbor across the property
parallel to the street. Fence
to be outside of the front
setback and be 17' long.
0 Exempt
Work
Crespi 5 SE of
Mountain View
230426 9/7/2023 9/8/2023 Limited replacement of
exterior siding.

Approximately 60 lf of
siding replaced in
approximately two or three
areas.
0 Exempt
Work
Monte Verde 2
NW of 7th
230425 9/8/2023 9/26/2023 Re-roof , change from
wood shake to composition
1,000 Roofing NW Corner of
Santa Rita & 5th
230424 9/6/2023 REPAIR (IN-KIND) OF

EXISTING EXTERIOR

STAIR ACCESSING (E) ADU

ABOVE GARAGE DUE TO

DRY ROT AND GARAGE
SIDING REPLACEMENT.
5,000 Building Monte Verde 6
SW of 10th
Attachment 1
Page: 6 of 6
230423 9/6/2023 9/7/2023 Replace Roof with
Certainteed Presidential
Triple Laminated Shingles
50 Year - Color: Autumn
Blend
18,000 Roofing 3rd 2 NW of
Santa Fe
230422 9/6/2023 10/5/2023 Install new backup
generator system
12,000 Electrical Carmelo 5 NW of
4th
230421 9/6/2023 417 SQ. FT. REMODEL OF

EXISTING KITCHEN,

GUEST BATH AND
PRIMARY BATH.

DEMOLITION: RELOCATE

WALL BETWEEN EXISTING

PRIMARY BEDROOM AND

GUEST BATH, REMOVING

EXISTING UPPERS &

LOWER CASEWORK,

COUNTERS AND

FLOORING TO ALLOW FOR
NEW WORK. NEW WORK:

BUILT-IN UPPER & LOWER

CABINETRY, NEW

FLOORING,

COUNTERTOPS, SOME

APPLIANCES AND

RELATED
APPURTENANCES.

REPLACING INDICATED

EXISTING WINDOWS

WITH NEW SAME SIZE
WINDOWS.
80,000 Building Santa Fe 4 SE of
Ocean
230420 9/6/2023 9/6/2023 Replace existing water
heater with a new 30
gallon water heater.
2,000 Plumbing Mission 4 NE of
4th
230419 9/5/2023 9/26/2023 Remove leaking slate deck,
waterproof deck, and
replace slate.
10,000 Building NE Corner of
Scenic & 11th
230418 9/5/2023 Install a 16KW generac
backup generator.
19,999 Electrical Forest 3 NW of
7th
230417 9/5/2023 OWNER PROPOSES TO

REPLACE EXISTING

DECOMPOSED GRANITE
COVERAGE WITH 315

SQFT OF PERMEABLE

PATIO, INSTALL TWO

PLANTERS AND ADD A
BACK-UP GENERATOR.
22,000 Building 1st 2 NE of
Carpenter
Total Records: 49 10/5/2023
Attachment 1
Page: 1 of 1
Code Compliance Report
09/01/2023 - 09/30/2023
Case # Case
Date
Status Location Problem
Description
Date
Received
Date
Closed
23173 9/18/2023 Potential
STR
identified
SWC Mountain View
and Crespi
Transient Rental 9/16/2023
23172 9/15/2023 Closed Lincoln SE of Ocean A-frame signs in parking spaces
9/15/2023 9/15/2023
23171 9/12/2023 Closed Dolores between
Ocean and 7th
Cones in parking
spaces
9/12/2023 9/13/2023
23170 9/12/2023 Closed Mission NW of 5th Construction noise 9/12/2023 9/13/2023 23169 9/8/2023 Closed Dolores SW of Ocean Cones in parking spaces
9/8/2023
23168 9/8/2023 Open Carmelo 2 NE of
11th
Keeping barnyard
fowl
9/8/2023
23167 9/8/2023 Open Guadalupe 4 SW of
Ocean
Exterior lighting 9/8/2023
23166 9/7/2023 Open Santa Fe and 2nd Exterior signage 9/7/2023 23165 9/7/2023 Closed 7th NE of Casanova Cones in ROW 9/7/2023 23138 9/27/2023 Open Guadalupe 4 NW of
6th
9/26/2023
23137 9/5/2023 Open Junipero 2 NE of
10th
Driveway
construction
9/5/2023
Total Records: 11 10/5/2023
Attachment 1
Page: 1 of 1
Transient Rental Report
01/01/2023 - 09/30/2023
Case # Street Status Date Received Last Status
Date
Date Closed
23173 Mountain View Potential STR
identified
9/16/2023 10/2/2023
23135 Ocean Closed 8/18/2023 9/25/2023 9/25/2023
23134 Ocean Closed 8/18/2023 8/25/2023 8/25/2023
23133 Monte Verde 2nd NOV sent 8/17/2023 9/29/2023
23109 13th 1st NOV sent 7/28/2023 9/25/2023
23107 13th Closed 7/28/2023 8/16/2023 8/16/2023
23104 Santa Fe 1st NOV sent 7/21/2023 9/25/2023
23099 Mission Closed 7/7/2023 9/19/2023 9/19/2023
23094 2nd Closed 6/23/2023 8/21/2023 8/21/2023
23093 Rio Closed 6/21/2023 8/31/2023 8/31/2023
23092 Ocean Closed 6/21/2023 7/7/2023 7/7/2023
23091 Dolores Closed 6/22/2023 7/19/2023 7/19/2023
23061 Monte Verde Closed 4/27/2023 7/17/2023 7/17/2023
23058 Mission Closed 4/19/2023 6/2/2023 6/2/2023
23057 Carmelo Closed 4/19/2023 6/2/2023 6/2/2023
23053 San Carlos Closed 3/21/2023 6/2/2023 6/2/2023
23039 Rio Road Closed 2/27/2023 4/17/2023 4/17/2023
23015 Carmelo Closed 1/9/2023 2/3/2023 2/3/2023
23014 Mission Closed 1/9/2023 1/10/2023 1/30/2023
23013 N Casanova Closed 1/9/2023 2/3/2023 2/3/2023
23012 Mission Closed 1/9/2023 1/27/2023 1/27/2023
23009 Santa Fe Closed 1/8/2023 2/3/2023 2/3/2023
23008 Guadalupe Closed 1/8/2023 1/13/2023 1/13/2023
23007 2nd Closed 1/8/2023 1/8/2023 4/8/2023
23005 Carpenter Closed 1/8/2023 2/3/2023 2/3/2023
23004 5th Closed 1/5/2023 2/3/2023 2/3/2023
23003 Dolores and 1st Closed 1/5/2023 2/3/2023 2/3/2023 Total Records: 27 10/4/2023
Attachment 1
Page: 1 of 4
Encroachment Permit Report
09/01/2023 - 09/30/2023
Permit
#
Permit
Type
Date
Submitted
Project Description Property
Location
Date
Issued
Status
230216 Temp Ench 9/28/2023 2'x2' paver bricks for CalAm Job #0918. Contact: Coastal Paving
& Excavating (831) 262-1425
San Carlos
2 NW of 7th
10/2/2023 Issued
230215 Driveway 9/28/2023 Replace the front of garage
parking area. Remove existing
asphalt and install pavers.

Monte
Verde 3 NE
of 6th
In Review
230214 Perm Ench 9/28/2023 Legalize installation of existing drystacked stone retaining walls
that are built within the City
right-of-way on the East side of
the property along Camino Real
and on the south side of the
property along 4th Ave.

NW Corner
of Camino
Real & 4th
In Review
230213 Temp Ench 9/27/2023 Replace sewer lateral using pipe bursting. Contact: Rooter King
(831) 394-5315
San Carlos
3 NE of 4th
10/2/2023 Issued
230212 Temp Ench 9/26/2023 New fire line installation, asphalt demo and patch, trenching by
excavation, underground utilities
installation. Contact: Chris Crow
(831) 212-5216
SW Corner
of Camino
real & 8th
In Review
230211 Temp Ench 9/26/2023 Applicant to trench, backfill & install electric substructures.

PG&E to replace pole, cut in
new secondary box, and ring &
turn in service. PM# 35320167.

Contact: PG&E (408) 478-1894
SW Corner
of
Carpenter &
6th
9/28/2023 Issued
230210 Temp Ench 9/26/2023 Replace sewer lateral using pipe bursting. Contact: Rooter King
(831) 394-5315
Monte
Verde 3 NE
of 6th
10/2/2023 Issued
230209 Temp Ench 9/20/2023 PG&E to complete gas
maintenance, excavate 4'x6' bell
hole. PM# 45968496. Contact:

PG&E (408) 510-1660
SW Corner
of Lobos &
1st
9/28/2023 Issued
230208 Temp Ench 9/19/2023 Remove and replace concrete
sidewalk with permeable pavers.

Contact: Patrick James
Construction (831) 915-8076
Ocean 3
NW of
Dolores
In Review
230207 Temp Ench 9/19/2023 Replace sewer lateral using pipe bursting. Contact: Rooter King
(831) 394-5315
Forest 5 SW
of Ocean
9/19/2023 Issued
Attachment 1
Page: 2 of 4
230206 Driveway 9/19/2023 Driveway replacement with
Calstone "Belgian Stone"
Sequoia Sandstone or Oak
Barrel color, Running Bond
pattern.

Monterey 2
SW of 2nd
9/26/2023 Issued
230205 Temp Ench 9/18/2023 Long-term placement of
dumpster and material storage
in the right of way for
associated building permit.

Santa Rita
St, 2 NW
4th Ave,
Carmel, CA
93921
In Review
230204 Temp Ench 9/18/2023 Excavate a 4'x3' pit in the
asphalt to repair damages due
to water leak repair. 811
#2023083101817. Contact:

West Valley Construction (408)
640-8913
Lincoln 50'
South of
11th
9/18/2023 Issued
230203 Temp Ench 9/18/2023 Excavate a 7'x8' pit in the
asphalt to repair damages due
to water leak repair. 811
#2023083101700. Contact:

West Valley Construction (408)
640-8913
Intersection
of Junipero
& 12th
In Review
230202 Temp Ench 9/18/2023 Excavate a 4'x3' pit in the
asphalt to repair damages due
to water leak repair. 811
#2023083101779. Contact:

West Valley Construction (408)
640-8913
Lobos 100'
South of
3rd
9/18/2023 Issued
230201 Temp Ench 9/18/2023 Excavate a 2'x2' pit in the
asphalt to repair damages due
to water leak repair. 811
#2023083101866. Contact:

West Valley Construction (408)
640-8913
San Carlos
52' North of
13th
9/18/2023 Issued
230200 Temp Ench 9/18/2023 Excavate a 3'x3' pit in the
asphalt to repair damages due
to water leak repair. 811
#20230831018666. Contact:

West Valley Construction (408)
640-8913
Santa Rita
255' North
of Mountain
View
9/18/2023 Issued
230199 Temp Ench 9/15/2023 Moving trucks to be parked next to house and will also need two
parking spots on Scenic across
from the house. Contact: Paige
Colijn (831) 710-1655
SE Corner
of Scenic &
9th
In Review
230198 Temp Ench 9/15/2023 Plating of trees and plants to conform with approved DS 22-
385 (Caulfield). Contact: Robert
Luster (831) 596-2709
NE Corner
of
Casanova &
12th
In Review
Attachment 1
Page: 3 of 4
230197 Temp Ench 9/14/2023 Sewer lateral installation with SRV, BWV, and two-way
cleanout. 811# 2023091202790.

Contact: Easy Drains Plumbing
(831) 521-6882
SW Corner
of Monte
Verde & 7th
9/29/2023 Issued
230196 Temp Ench 9/13/2023 PG&E to trench and backfill
trenches for gas and electrical.

PG&E to install gas service,
replace transformer & pole, and
install underground service and
remove overhead service. PM#
35402242 & 35401957. Contact:

PG&E (408) 478-1894
8th
between
San Carlos
& Dolores
In Review
230195 Temp Ench 9/12/2023 Remove 2'x2' section of
sidewalk to connect gas service.

Replace concrete sidewalk to
match existing exposed
aggregate. Contact: Christian
Torrey (831) 915-8765
San Carlos
3 NE of 6th
10/2/2023 Issued
230194 Driveway 9/13/2023 Modifying the existing rolled asphalt berm in order to tie in
required apron for unimproved
driveway access from street.

San Carlos
2NW Santa
Lucia
10/3/2023 Approved
230193 Temp Ench 9/12/2023 PG&E to trench and backfill a 5'x5' bellhole to abandon
existing gas service. PM#
35449903. Contact: PG&E (408)
478-194
NW Corner
of San
Antonio &
9th
9/12/2023 Issued
230192 Temp Ench 9/11/2023 Replace sewer lateral using pipe bursting. Contact: Rooter King
(831) 394-5315
Camino
Real 2 NE
of 12th
9/11/2023 Issued
230191 Temp Ench 9/7/2023 Replace sewer lateral using pipe bursting. Contact: Rooter King
(831) 394-5315
Lincoln 2
NE of 12th
9/11/2023 Issued
230190 Temp Ench 9/7/2023 PG&E to trench & install electric services. Keep existing TX &
install SEC breakers, install
service riser (LOC1), replace
pole & install new TX (LOC2),
remove OH service (LOC3),
install underground service
(LOC4), upgrade & relocate
panel (LOC5). PM# 35452880.

Contact: PG&E (408) 478-1894
Dolores &
13th
In Review
230189 Temp Ench 9/1/2023 Dig out 4' bellhole for PG&E
over gas line. To be hand dug
and extend 12" onto Guadalupe
St. Contact: John Cogbill (831)
277-4645
SW Corner
of
Guadalupe
& 4th
9/7/2023 Issued
Attachment 1
Page: 4 of 4
230188 Temp Ench 9/1/2023 Construction of sound panels, green screen planer wall, and
concrete poured around
transformer pad and screen
panels installed at transformer.

Contact: Ausonio, Inc. (831)
633-3371
SW Corner
of Camino
Real & 8th
9/13/2023 Issued
230000 Temp Ench 4/1/2023 TEST PERMIT Monte
Verde 3 SE
of Ocean
4/1/2023 Issued
Total Records: 30 10/5/2023
Attachment 1
Page: 1 of 4
Tree Permit Report
09/01/2023 - 09/30/2023
Permit
#
Permit
Date
Permit
Type
Location of
Property
Description Status Approved
Date
23279 9/1/2023 Tree Camino Real 3 SW
of 4th
REMOVE: One (1)
California Live Oak,
19" DBH.

In Review
23280 9/1/2023 Tree Junipero 2 SE of 9th
(or 9th 2SW of
Torres) - flag
lot/purple house
PRUNING: tree
trimming on private
property
In Review
23281 9/1/2023 Tree 12th Avenue 2 SW
of Carmelo
REMOVE: Two (2)
trees, Eucalyptus &
Pine; over 30' tall.

PRUNE: Eucalyptus
and Pine brances
overhanging by
rooftops. ROOT
REMOVAL: Two (2) tall
trees; roots deep;
Eucalyptus & Pine.

In Review
23282 9/1/2023 Tree Between the
Chimneys Bldg. &
Junipero
Professional Bldg., 2
SW of 4th on
Junipero #1
CITY PROPERTY:

Remove one (1) tree,
15' high, Oak. Located
at the 4th parking spot
South of 4th Street on
Junipero, across from
Carmel Police Dept.

Approved 9/7/2023
23283 9/2/2023 Tree 8th Avenue 2 SE
Santa Fe
Tree removal and
pruning on private
property. REMOVE: 1 -
Monterey Pine, 94"
and 1 - Coast Live
Oak, 40".

Approved 9/11/2023
23284 9/5/2023 Tree Torres 3 NW of 8th
Ave.

REMOVE - PRIVATE
PROPERTY: One (1)
Oak tree. REMOVE -
CITY PROPERTY: One
(1) double-Oak tree.

In Review
23285 9/5/2023 Tree SW Corner
Guadalupe Street
and First Avenue
REMOVE: One (1)
medium Monterey
Pine.

Approved 9/20/2023
23286 9/7/2023 Tree Guadalupe Street 4
NE of 5th Avenue
REMOVE: One (1)
large Oak tree on
private property.

Conditionally
Approved
10/6/2023
23287 9/7/2023 Tree Dolores 5 NE of
Santa Lucia
REMOVE: One (1)
Coast Live Oak, #768.

Denied
Attachment 1
Page: 2 of 4
23288 9/7/2023 Tree NW Corner of
Lincoln & 8th
REMOVE: Three (3)
Monterey Pine trees,
#388, #354 & #355.

Conditionally
Approved
9/22/2023
23289 9/7/2023 Tree 1st house SW of
Jane Power
Walkway on
Carmelo
REMOVE: One (1)
Coast Live Oak, #776.

In Review
23290 9/8/2023 Tree Ocean 2 NW of
Santa Fe
REMOVE: Two (2)
large Acacia on private
property.

Approved 9/14/2023
23291 9/8/2023 Tree NE Corner of
Lincoln & 8th
Removal of two dead
trees from private
property. One (1)
unknown species is
dead. One (1)
Redwood is dead.

Remove stumps.

Approved 9/26/2023
23292 9/11/2023 Tree SE Corner Torres &
5th
Tree Pruning, Private
Property: 2 Large
pines in the NW
corner, 29" and 24"
DBH, remove
deadwood and clean
canopies, remove 4-5
lower limbs to raise
canopy.

In Review
23293 9/12/2023 Tree Monte Verde 3 SE
of 3rd
REMOVE: one (1)
Eucalyptus tree on
private property.

PRUNE: One (1) 18"
Pine.
(Amended 10/3/23:

Remove: one 18" pine
and one eucalyptus
tree)
Approved 10/3/2023
23294 9/12/2023 Tree NE Corner of 2nd &
Santa Fe
REMOVE: One (1)
Monterey Pine on
private property.

In Review
23295 9/13/2023 Tree SW corner, 8th
Avenue, 3 SE of
Santa Fe Street
Reconsideration of
Tree Removal
Application, #23019.

One (1) Monterey
Pine, approx. 90 ft.
high x 45 in. diameter
on private property.

Approved 9/29/2023
23296 9/19/2023 Tree SW Corner of
Mountain View &
8th
CITY TREES: Request
to have three public
trees evaluated and
removed/trimmed by
the City.

Approved 9/29/2023
Attachment 1
Page: 3 of 4
23297 9/20/2023 Tree Junipero Ave 2nd
NE of Third,
"Comstock Curtain
Calls"
Remove dead dying
Pine tree.
23298 9/21/2023 Tree NE Corner 5th &
Carpenter

CITY TREES -

REMOVAL &
PRUNING: Two (2)
Monterey pines. ROOT
REMOVAL: Two (2)
Monterey Pine tree
roots.

Conditionally
Approved
10/2/2023
23299 9/26/2023 Tree Santa Fe 3 SW
Mountain View
EVALUATION ONLY.

Pine Tree Inspection
(& possible removal
permit)
In Review
23300 9/26/2023 Tree w/
Construction
Mission 5 NW of
Santa Lucia
CITY TREE: Tree
removal of small 9"
Oak tree in City Right
of Way next to the
driveway. PROPOSED:

DEVELOPMENT OF A

NEW TWO STORY

SINGLE FAMILY

DWELLING WITH AN

ATTACHED ONE-CAR
GARAGE.

In Review
23301 9/27/2023 Tree
Evaluation
1 SE Perry
Newberry & 5th Ave
CITY TREE:

INSPECTION

REQUEST
In Review
23302 9/27/2023 Tree San Carlos 2 NE of
Vista
CITY TREE REMOVAL:

One (1) Black Acacia.

Justin Ono assessed
the tree on 09-15-
2023 and told us it
needs to come down
and that a City crew
will do it. THE

COBURNS WILL PAY

THE CITY FOR THE

COST OF TREE
REMOVAL.

In Review
23303 9/27/2023 Tree SE Casanova & 7th
Ave, Carmel by the
Sea, CA 93921
Cut dead tree. 1 large
Pine tree, leaving the
trunk 15-20' high.

Approved 9/28/2023
23304 9/28/2023 Tree NE Corner of
Guadalupe Street
and 6th Avenue
CITY TREES: One (1)
27" DBH Monterey
Pine tree and two (2)
Coast Live Oak, 10" at
the base.

In Review
Attachment 1
Page: 4 of 4
23305 9/28/2023 Tree 4 SE Crespi Ave.,
Carmel, CA
Monterey pine tree
inspection
In Review
23306 9/29/2023 Tree Carpenter 2 NE of
2nd

PRUNING - CITY
TREE: Requesting the
clearance pruning for
electrical house drop.
23307 9/29/2023 Tree Camino Real 3 NW
of 11th
CITY TREE: Pine - very
large. REMOVE LIMB:

One (1).

In Review
23308 9/29/2023 Tree Torres 6 SW of 8th
Ave.

REMOVE: One (1) 30"
DBH Monterey Pine on
private property.

In Review
23309 9/29/2023 Tree Carmelo 4 SE of
13th

CITY TREE -
REMOVAL: One (1)
Monterey Pine, 36"
trunk.

In Review
Total Records: 31 10/6/2023
Attachment 1
*The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%.

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

AMBULANCE REPORT
Summary of Carmel Fire Ambulance September 2023 Calls for Service

AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of September 2023 the ambulance was able to meet the performance measure. The response time was 98% with (1) code3 call over 5 minutes. 53 Calls for service in CBTS - Average response time: 3:08 min. 48 Code 3 medical calls for service with one call over 5 min. 09/16/2023 – 2600 block of Ladera – Response time – 07:06 min – Did not hit on scene button

MONTEREY FIRE REPORT
Summary of Monterey Fire September Calls for Service

FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights & siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 90%. For the month of September 2023, the fire department was able to meet the performance measure. The response time was 98%, with (1) code-3 calls over 5 minutes.
74 total calls for service in CBTS- Average response time: 2:58 min. 54 total Code-3 calls – One call with a response time over 5:00 min. 09/07/2023 – Lobos and 2nd – Response time – 07:11 min – E16 responded from station 16 normal time.

BEACH FIRES
There was two illegal beach fire extinguished during the month of September.

TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Director of Public Safety
MEETING DATE: November 6, 2023
APPROVED BY: Chip Rerig, City Administrator
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Request
Date &
Received
By
10-Day
Due Date
Date
Completed
by PSO
Requestor Info Requested Status
9/1/23 DA 9/11/2023 9/2/23 DA
Metropolitan
Reporting
Bureau CA2300389 completed
9/1/23 DA 9/11/2023 9/2/23 DA Lexis Nexis CA2300458 Photos only completed 9/1/23 DA 9/11/2023 9/2/23 DA Lexis Nexis CA2300458 Photos only completed 9/1/23 DA 9/11/2023 9/2/23 DA Lexis Nexis CA2100458 Photos only completed 9/1/23 DA 9/11/2023 9/2/23 DA Lexis Nexis CA2100458 Photos only completed 9/1/23 DA 9/11/2023 9/2/23 DA Lexis Nexis CA2100458 Photos only completed 9/6/23 DA 9/16/2023 9/6/23 DA Rick Firmand CA2300370 completed 9/8/23 DA 9/18/2023 9/9/23 DA Lexis Nexis CA2300389 completed 9/8/23 DA 9/18/2023 9/9/23 DA Lexis Nexis CA2300399 completed 9/8/23 DA 9/18/2023 9/9/23 DA Lexis Nexis Accident Report No Report Found 9/8/23 DA 9/18/2023 9/9/23 DA Lexis Nexis CC23000319 completed 9/14/23 DA 9/24/2023
9/15/23
DA
State
Contractor
Board CG1800427 completed
9/15/23 DA 9/25/2023
9/15/23
DA Kaitlyn Bruce
Robbery Report for French Laundry
Restaurant No Report Found
9/15/23 DA 9/25/2023
9/15/23
DA Lexis Nexis CC2300326 completed
9/15/23 DA 9/25/2023
9/15/23
DA Lexis Nexis CA2300400 completed
9/15/23 DA 9/25/2023
9/15/23
DA
Metropolitan
Reporting
Bureau CA2300405 completed
9/15/23 DA 9/25/2023
9/15/23
DA Gary Jewell CA2300405 completed
09/19/23
mw 9/29/2023 9/28 DA
Martha Daly /
Judi Marquart CG2300346 completed
9/14/23 DA 9/24/2023 9/28 DA
Theresa
Buccola
9 separate requests for BWC, Car
Videos, Business Cameras, etc completed
9/27/23 DA 10/7/2023
9/28/23
DA
Lexis Nexis x 8
requests CA2100458 Photos only
denied, dup
request
9/28/23 DA 10/8/2023
9/29/23
DA
Metropolitan
Reporting
Bureau CA2300005 completed
Police Record Request Log - September 2023
Attachment 3
Request
Number
Date
Requested
10-day
Response
Date
Records Requested Requestor
Name
Date Completed Notes
2023-96
(NextRequest
ID#
2023-
14)
9/15/2023 9/25/2023
List of all active business
licenses including name,
business lic #, address, and
business type
Carmen
Ludizaca 10/2/2023 Records sent
2023-97 9/19/2023 9/29/2023
copy of minutes from
7/11/23 City Council meeting, and staff report,
attachments, etc. regarding
the User Fee Schedule
agenda item
Carl Iverson 9/19/2023 records sent
2023-98 9/25/2023 10/5/2023
current plans for the following projects, and the dates of approval by the Planning
Commission: Assessor's Parcel Number
(APN):009382019000
MAP OF 1ST ADD TO MISSION TR LOT 2 BLK 9
David
O'Neil 9/25/2023 records sent
2023-99
(Next
Request
ID#
2023-
15)
9/26/2023 10/6/2023
copies of the following
documents pertaining to
the City Hall Retaining
Wall Repair project, DIR
462858: 1) Payroll records
for Structural Services and
Foundation Repair, Inc.,
and 2) Statement of Employer Payment for Structural Services and Foundation Repair, Inc.

J. Atencio 10/9/2023 records sent
2023-
100
(Next
request
ID#
2023-
16)
9/26/2023 10/6/2023
copies of all permits filed
between 1990-2023 by the
contractor "Joe Eduardo
Silva, Central Bay Construction, State Contractors Lic # 678521" or "Central Bay
Construction", address/type
of work/ materials used,
name/contact of general
contractor in charge of the
project or building owner.

Lee Wolfe 10/2/2023
response sent
- no records
found
City Clerk Public Record Request Log - September 2023
Attachment 3
Request
Number
Date
Requested
10-day
Response
Date
Records Requested Requestor
Name
Date Completed Notes
2023-
101 9/27/2023 10/9/2023
"Planning Files" related to
the current construction on
Assessor's Parcel Number
(APN):
010173020000
David
O'Neil 9/27/2023 response sent
from Planning
2023-
102
(Next
Requst
ID #
2023-
14)
9/15/2023 9/25/2023
List of all active business
licenses including name,
business lic #, address,
and business type
Camen
Ludizaca 10/2/2023 records sent
Attachment 3

CITY OF CARMEL-BY-THE-SEA
Public Works Department
September 2023 Monthly Report
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: October 3, 2023
APPROVED BY: Chip Rerig, City Administrator
City Council Meeting of September 12, 2023
• Adopted Resolution 2023-081, authorizing submittal of a $500,000 Local Coastal Program Local Assistance Grant application to the Coastal Commission for the Coastal Engineering, Phase II Project. • Adopted Resolution 2023-082, rejecting bids for 4 facility renovation projects (City Hall roof, Sunset Center north wing painting, Cottage window repairs, and Harrison Memorial Library exterior/interior painting), and directed staff to re-evaluate bidding alternatives. Low bid was nearly twice the estimate. • Adopted Resolution 2023-083, approving Amendment No. 1 to the Professional Services Agreement with BKF Engineers for additional work associated with the Ocean Avenue Concrete Streets Repair Project, for a fee of $49,092.
• Adopted Resolution 2023-088, accepting a $25,000 donation for nature play equipment at Forest Hill Park, funded and installed by the Leadership Carmel Class of 2023, with support from Public Works. • Provided drainage information regarding the Kostigen Family Trust claim against the City.

Forest and Beach Commission Special Meeting of September 7, 2023 • Commissioners and the Urban Forest Master Plan (UFMP) Steering Committee members jointly reviewed the draft Community Survey associated with the UFMP and refined the questions to reach consensus. Survey to be launched to the public as soon as possible following online beta testing, and remain open for 45 days.

Forest and Beach Commission Meeting of September 14, 2023 • At the northwest corner of Lincoln Street and Twelfth Avenue, denied the removal of a Monterey pine tree until the Applicant can provide evidence that damage to the home was directly caused by the tree, but waived permit and appeal fees for this tree for up to five years. • Environmental Programs Manager Mary Bilse explained federal and state laws associated with Carmel Beach, introduced guidelines to remove trash from Carmel Beach in a consistent manner, but to keep all ecologically natural materials on the beach, and noted that these guidelines would support a new policy for City Council consideration. To provide time for staff to address comments and concerns, the Commission continued the matter to the October 12th meeting. • Ms. Bilse also introduced a new sign to be installed in the Del Mar parking lot that was proposed by the California Marine Sanctuary Foundation and Marine Protected Area Collaborative. The sign would indicate that the beach is in a Marine Protected Area. Commission also continued to October 12th. • Commissioners further discussed the beach infrastructure Tour of Inspection conducted in July and expressed continued concerns about the urgency of the repairs needed for the beach access stairs, revetments, and sea walls, and the potential for further damage due to upcoming winter storms. • City Forester Justin Ono presented the Forester’s Report for August 2023. This was the first time since January when the City Forester presented a stand-alone Forestry Division report. • Presented the Public Works Report for August 2023 regarding forestry, parks, and beach-related issues performed by other Public Works divisions.

Attachment 4
Public Works Department Report – September 2023

Administration
• Facility Maintenance Supervisor Cleve Waters received the distinguished Paul Harris Fellows Award at the Carmel Rotary Club meeting.
• Prepared staff report for the Council meeting on October 2nd to approve a new stop sign for westbound First Avenue at the Lincoln Street intersection, and two new stop signs on Second Avenue at the intersection of Lincoln Street, all as recommended by the Traffic Safety Committee. • Coordinated with Wave Broadband to finalize their encroachment permit’s special conditions of approval, reviewed CEQA and guide wire impacts, and prepared a presentation, to explain their fiber optics project, construction impacts, and mitigation measures for the October 3rd Council meeting. • Acting Senior HR Analyst Marisa Bermudez was the special guest at the September Public Works staff meeting. She gave an exceptional overview of the 457 deferred compensation plans available to employees – something a number of employees previously knew nothing about. • Several staff attended a storm water Best Management Practices workshop in Seaside. • Continued to update the Master Contracts database, by removing expired contracts and agreements, and uploading active contracts and agreements.

Carmel Cares and Other Volunteer Groups
• Carmel Cares volunteers escorted 800 school children from Carmel Plaza to Forest Theater to attend Monterey Symphony performances.
• Ten Carmel High School Interact Club students cleaned up the landscaping around the Del Mar parking lot and planted native shrubs.
• A new faucet was installed for a water connection on Scenic Road near Thirteenth Avenue. Additional work to replace the adjacent water valve is underway.
• A quote was received from a roofing contractor to apply a weatherproofing coating to the back deck at the Fire Station. Quote and permit application under review. • Concrete, electrical, and drainage work associated with the Forest Theater sound cabinet system was installed without proper permits and was “red tagged” by the Building Official. Corrections under way. • “Median Minders” volunteers continued to improve medians across the Village. • “Downtown Detail” volunteers further improved landscaping around the Post Office parking lot. • The Friends of Mission Trail Nature Preserve installed a wooden footbridge over the muddy bog on the Doolittle Trail using lumber provided by Public Works.

Environmental Programs
• Prepared staff report for City Council approval on October 2nd to re-establish the Climate Committee.

The re-formed committee will consist of four rather than eight members, and meet as needed, rather than monthly. Committee to review certain Coastal Engineering Study reports and other climate adaptation projects over time.
• For the Coastal Engineering Study, the report for Task 2, Shoreline and Beach Change Analysis, was reviewed and approved. Report is available on the Public Works website. • Also for the Coastal Engineering Study, a meeting was held to review Task 5, regarding the City’s existing Local Coastal Program and related policies, and a draft report was submitted for City review. • Completed the City’s draft Stormwater Ordinances by removing certain comments requested by the Coastal Commission staff, but determined to be unacceptable to the City Attorney’s office. Ordinances to be introduced for the first reading/Public Hearing at the November Council meeting. • Began to assemble technical responses to the onerous and complex Annual Stormwater Report as required by the California Water Quality Control Board. Report due in mid-October. • Performed dry weather water quality sampling with the California Marine Sanctuary Foundation. • Environmental Administrative Technician Jessica Juico attended the annual California Stormwater Quality Association Conference in San Diego.
• Prepared staff report for the October 12 Forest and Beach Commission meeting for a second review of the proposed Carmel Beach cleanup guidelines as required in a Marine Sanctuary and Area of Special Biological Significance. Comments received at the introduction of this policy at the September meeting were evaluated and incorporated into the policy as necessary.

Attachment 4
Public Works Department Report – September 2023

• For the North Dunes Habitat Restoration Project, Denise Duffy & Associates prepared a report summarizing the work completed during FY 2021/22 and 2022/23, and outlining work proposed for FY 2023/24. Report to be presented at the October 12th Forest and Beach Commission meeting. • Ordered 20 dual trash/recycling and 10 trash-only, ribbon-style containers. • Public outreach noted in Friday Letters included: storm water pollution prevention tips, and Stormwater Awareness Week workshops.

Facility Maintenance
• Substantially completed remodel of the Police Dispatch room, as the grant-funded modular furniture was installed, and electrical refinements were made. Work remains on IT systems. • For the FY 2023/24 ADA Upgrades Project, ordered new ADA-compliant restroom mirrors. • Contractor adjusted hinges for glass doors into the Gathering Room at the Harrison Memorial Library. • With the new electrical switches project completed in the Public Works Garage, other contractors replaced a portion of temporarily-removed ductwork, and the exhaust system was adjusted. • Obtained updated quotes for the Sunset Center Fire Pump recirculation pump project. • At the Forest Hill Park restrooms, refurbished a sink and installed LED lighting fixtures. • Replaced motors and made repairs to various hand dryers. • Installed 10 boxes for new automated external defibrillators donated to the City. • Completed replacement of corroded drinking fountain heads at City-wide locations. • Set up and supported the Flu Clinic at Vista Lobos.

Project Management for the Capital Improvement Program
4 Leaf Projects:
• For the Police Building Renovation Project, Indigo Architects submitted the draft existing Building Condition Assessment Report and a Space Programming Needs Report. Reports were reviewed by staff, and comments were returned to Indigo.

Ausonio, Inc. Projects:
• Following Council’s rejection of the bids received for the bundled City Hall Roof Replacement, Sunset Center Exterior Painting - north wing, Cottage Windows Repairs, and Harrison Memorial Library Exterior/Interior Painting projects, the Project Team decided to reformulate the package into separate painting, roofing, and window carpentry components (ultimately 3 bid and construction packages). • The first package for rebidding will be for painting the Sunset Center north wing and the Harrison Memorial Library exterior, with interior painting as an alternate. Key modifications to the bidding documents over the larger, bundled project will include: allow licensed painting contractors to bid the project, rather than general contractors, remove non-essential construction requirements, increase contract time for the work, and modify the approach for hazardous materials testing. The revised, draft package was checked by staff, and re-bidding is anticipated to commence by late October.

Wallace Group Projects:
• For the FY 22/23 Concrete Streets Repair Project, BKF Engineers performed the additional surveying associated with Amendment No. 1 to their Agreement for intermittent street returns along Ocean Avenue. Their 95% complete design plans and technical specifications are anticipated in November. • For the FY 23/24 City-wide Paving Project, staff reviewed and negotiated the proposed scope of work, fees, and schedule with Wallace Group for Wallace to perform the engineering and design work.

Amendment to the Wallace Agreement for this project is anticipated for approval at the November Council meeting.
• For the Coastal Infrastructure Repair Project, staff reviewed and negotiated the proposed scope of work, fees, and schedule with Wallace Group for them to oversee a third-party design consultant.

Amendment to the Wallace Agreement for this project also anticipated for approval at the November Council meeting.

Attachment 4
Public Works Department Report – September 2023

Additional Capital Projects:
• For the MTNP Well and Tank/Pump House Removal Project, the Preconstruction Meeting was held, and contractor submittals were checked. Field demolition to begin on October 2nd. • For the FY 2021/22 Paving Project, two bids were received at the public Bid Opening on September 12th. This Project covers asphalt overlays along seven streets, micro-surfacing along three streets, and four sidewalk repairs. The lower based bid of $1.1 million, submitted by Monterey Peninsula Engineering, can be awarded by Council at the November meeting upon approval to transfer $200,000 from the CIP Contingency Fund.
• For the MTNP 3 Drainage Improvement Projects, after a year of regulatory hurdles by the California Department of Fish and Wildlife to obtain the last of three regulatory permits, the City’s permit application was finally deemed complete, triggering a 60-day determination clock. • For the 4 Drainage Improvements Project, Neill Engineers performed field surveying and utility records research. Initial site visits for right-of-way and environmental impacts were also performed by staff. • For the Electrical Panel Upgrades Project, Advance Design Consultants installed load testing meters at City Hall, Fire Station, and Vista Lobos to analyze power demands over a 30-day period.

Street Maintenance
• Provided extra dumpsters, portable toilets, sinks, and staff for the Labor Day Holiday weekend. • Supported Police with traffic control for the Homecoming Parade. • Installed 220 feet of post and rail fencing along Mission Street on the west side of Forest Hill Park to prevent pedestrians from walking down the embankment and causing erosion. • As approved by the Traffic Safety Committee, installed a “25 Zone Ahead” sign for southbound Carpenter Street following Monterey County permit approval. Also converted a vehicle parking space near the Junipero Street exit driveway to be motorcycle-only parking. • Installed new Pedestrian Crossing Signs in the crosswalk on Rio Road, just west of Ladera Drive. • Replaced a bench on the Scenic Pathway near Martin Way, and installed a commemorative plaque. • Made repairs to guardrails, and post and rail fences. • Buried three dead seals which washed up near the south end of Carmel Beach. • Made repairs to Police vehicles and replaced the drive belt on the Forestry gator.

Forestry, Parks, and Beach (Forester’s Report)
• At the Forest and Beach Commission Special Meeting of September 7, 2023, Commissions and the Urban Forest Master Plan (UFMP) Steering Committee jointly reviewed the draft Community Survey and refined the questions to reach consensus. Survey was completed and launched to the public on September 25th and will remain open for 48 days, closing on November 13th. • Status of Davey Resource Group’s development of the UFMP:
 Tree Canopy and Land Cover Assessment - complete
 Urban Forest Resource Analysis (Eco) - complete
 Stakeholder Interviews - complete
 Operations Review ~94% complete
 Draft 1 UFMP ~50% complete
o Background information and findings from stakeholder interviews summarized o Identifying challenges and opportunities
 Community Survey – In Progress
o Live on September 27th
o 90 responses as of 10/3
• The Leadership Carmel Class of 2023 conducted a Ribbon Cutting Ceremony to celebrate completion of their children’s nature play facilities project at Forest Hill Park. Improvements included: a log tunnel, braille panel, log clusters, hardwood stump seats emulating a classroom setting under a redwood grove, hawk perch, and owl boxes. Director Harary thanked the Forest and Beach Commission for their vision to add “love” into the park, and the Mayor cut the ribbon.

Attachment 4
Public Works Department Report – September 2023

• As an initial phase of the Ocean Avenue Median Islands Landscaping Beautification Project, existing trees were assessed by MPC Professor Wheat and Forester Ono, and tree removals and pruning were subsequently scheduled.
• Additional task orders were issued to our tree service contractors, Community Tree Service, Tope’s Tree Service, and West Coast Arborist, to reduce the backlog of dead tree removals – many adjacent to power lines, as well as stump removals and tree pruning. • Landscape maintenance work across the City is fully engaged by contractor Town & Country. • Due to a high Cal Am Water bill for the month of August, staff checked a dozen water meters and backflow devices for leaks. Two leaks were repaired, and instructions were given to volunteers who use City water for median islands, to ensure valves are fully closed after use. Remainder of bill was associated with visitors during Car Week, US Women’s Open Golf Tournament, and hot weekends. • Coordinated new forestry-related fees for services with Community Planning and Building Department. • Planted several trees in Forest Hill Park and to fill holes once tree stumps were removed. • Obtained quotes and issued a Purchase Order to a vendor to replace rusty components of the children’s play structure at Forest Hill Park.
• Downed and storm damaged trees were removed from Forest Hill Park as a fuel reduction effort. • Shoulder maintenance was performed on overgrown shrubs along Rio Road and Ladera Drive.

Tree
permits
received
Tree
permits
Issued
Total
Prunings
Total
Removals
Removal
of Upper
Removal
of Lower
Required
to Plant
Upper
Required
to Plant
Lower
No room
for new
tree
Meets
Density
Rec.

Total
Number
of Trees
Required
January 28 6 0 12 3 7 5 1 0 2 6
February 23 22 1 24 15 9 15 10 0 0 25
March 70 70 21 71 47 24 32 14 1 7 46
April 38 47 16 53 49 4 32 3 2 2 35
May 36 25 9 26 20 6 18 4 4 7 22
June 26 25 14 26 17 9 16 6 0 4 22
July 25 10 7 7 5 2 3 2 0 2 5
August 30 29 5 24 12 20 8 12 2 6 20
September 31 28 6 22 14 9 12 8 0 7 20
October 0
November 0
December 0
2023 Totals 307 262 79 265 182 90 141 60 9 37 201
2023 Permitted removals, pruning, and required planting Historic permitted removals and required planting
Year
Permitted
removals
Removal
of upper
Removal
of lower
Replanting
Required
Replanting
of upper
Replanting
of lower
Replanting
%
Applications
processed
2021 204 81 123 135 81 54 66.18% 213
2022 149 82 67 85 48 37 57.05% 155
2023* 265 182 90 201 141 60 75.85% 275
*Year To Date
. Permit Information
Attachment 4
Public Works Department Report – September 2023

Attachment 4
Public Works Department Report – September 2023

*Numbers only represent correspondences received via the City’s website and do not incude live calls, coicemails, drop-in visitors, and emails sent directly to employees from residents, nor return calls and emails from staff.
71 96 67
139 165 149 176 165 132 159
88 135 183
207
256
556 425
163
107
187
115 101
96 675
224 74
75 38
40 105
113
66 72
59 62
55 45
42 0
100
200
300
400
500
600
700
800
900
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* City Performed Tree Work Year by Year Comparison
Removal Pruning Planting
City Forestry, Parks, and Beach Activities
Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 6, 2023

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

Approve the check register for September 2023.

BACKGROUND/SUMMARY:

The check register is produced from the City's financial system. The report groups the checks by the respective department or function. The check register includes the check number, the name of the vendor, a description of the purchase, the check issue date and the amount of the check.

Per the California Supreme Court's decision in the case of Los Angeles County Board of Supervisors v.

Superior Court (Dec. 29, 2016) (2016 WL 7473802), the check register excludes the specific invoice payments for legal services incurred for pending and active investigations, pending and active litigation, as well as recently concluded matters. The Supreme Court has ruled that these specific invoices are protected under attorney-client privilege and need not be disclosed under the Public Records Act.

On the last page of the report, staff have included the contract balance for the respective vendors that were paid in September 2023.

FISCAL IMPACT:

The check register summary for September 2023, totals $803,950.71.

PRIOR CITY COUNCIL ACTION:

Council ratified the August 2023 check register at the October 2, 2023, special meeting.

ATTACHMENTS:

Attachment 1) September 2023 Check Register
September 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 110 City Council
52027 Peninsula Messenger LLC Mail service sorting and delivery 09/07/2023 6,776.00 52063 Peninsula Messenger LLC Mail service sorting and delivery 09/19/2023 264.00 Total for Department: 110 City Council 7,040.00
Department: 111 City Administration
51970 AT&T Telephone service citywide 09/05/2023 2,313.71 51987 Image Sales Employee ID Badges 09/05/2023 35.13
51989 J 4 Systems System moderization and resiliency services directed by IT 09/05/2023 1,235.00 52006 SystemsUp LLC Remote desktop services as directed by IT Manager 09/05/2023 39.00 52011 Verizon Wireless Cell phone sales and usage 09/05/2023 378.32 52016 Amazon Web Services Inc Data and cloud storage fees 09/07/2023 929.73 52017 Code Publishing Company Municipal Code updates:Web, paper and electronic 09/07/2023 517.00 52019 Comcast Business NonNGEN internet and recurring charges 09/07/2023 743.37 52021 Iron Mountain Records storage and management services 09/07/2023 298.51 52022 J 4 Systems System moderization and resiliency services directed by IT 09/07/2023 190.00 52026 Office Depot, Inc. Office supplies Admin 09/07/2023 375.67 52029 Pitney Bowes Global Fin S Postage meter lease 09/07/2023 836.55 52032 Alhambra Water service-City Hall 09/19/2023 177.37 52038 AT&T Telephone service citywide 09/19/2023 1,046.42 52040 Carmel Pine Cone Legal noticing 09/19/2023 1,005.00 52043 Comcast Business NonNGEN internet and recurring charges 09/19/2023 1,387.77 52048 Digital Deployment Website support agreement:Maint, training, security and updates 09/19/2023 700.00 52052 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 09/19/2023 4,755.81 52054 J 4 Systems System moderization and resiliency services directed by IT-Amend 09/19/2023 2,012.50 52059 Netkiller, Inc. GWS Enterprise Plus-Google Workspace subscription Year 1 of 3 09/19/2023 22,464.00 52060 Office Depot, Inc. Office supplies Admin 09/19/2023 234.90 52065 Pitney Bowes Bank Inc Purchase Power Postage-meter refills 09/19/2023 39.00 52066 Robert Half Temporary Finance assistance services - Tony Wong 09/19/2023 3,204.29 52068 Same Day Shred Document shredding services 09/19/2023 75.00 52069 Springbrook Software Professional services relating to accounting software usage 09/19/2023 189.00 52072 T-Mobile Monthly cell service, usage and purchases 09/19/2023 1,581.07 52074 US Bank Partition- Admin office 09/19/2023 800.60 52074 US Bank IT Subscription - Constant Contact 09/19/2023 81.00 52074 US Bank HR Subscription - Metrofax 09/19/2023 11.95 52074 US Bank IT Subscriptions - Microsoft, Freshworks, Zoom, Adobe, Backblaze, Google 09/19/2023 3,288.90 52074 US Bank IT computer equipment non capital 09/19/2023 65.55 52074 US Bank IT Subscription - Junction Newtorks 09/19/2023 1,628.10 52075 Verizon Wireless Cell phone sales and usage 09/19/2023 1,820.75 52078 Xerox Financial Services Xerox copier leases citywide 09/19/2023 1,452.53 52094 Chavan and Associates, LLC Financial auditing services 09/28/2023 10,000.00 52096 Comcast City Hall cable service 09/28/2023 68.71
52097 Corbin Willits System MOM Financial system monthly fee 09/28/2023 720.79 52100 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 09/28/2023 300.00 52101 IAMP Pro Audio/Anthony J. Nocita Set-up, live production, associated support of city meetings and 09/28/2023 2,480.00 52102 J 4 Systems System moderization and resiliency services directed by IT-Amend 09/28/2023 1,240.00 52105 Municipal Resource Group, LLC City Administrator evaluation 09/28/2023 2,081.25 52106 Office Depot, Inc. Office supplies Admin 09/28/2023 615.70 52108 Quality Print & Copy Printing service-Business cards,stationary,envelopes 09/28/2023 764.75 52109 Robert Half Temporary professional services - Accountant 09/28/2023 10,960.00 52110 Softchoice Corporation SLG EA Microsoft Enterprise agreement/Azure Security upgrade 09/28/2023 522.97 52113 US Bank HR employee training 09/28/2023 1,250.00
52113 US Bank Employee appreciation expenses 09/28/2023 266.47 52113 US Bank Administrative meeting expenses 09/28/2023 834.56 52113 US Bank NYT Subscription 09/28/2023 40.00
52113 US Bank City Clerk Dues 09/28/2023 250.00
52113 US Bank League of Cal Cities membership dues 09/28/2023 660.00 52114 Xerox Financial Services Xerox copier leases citywide 09/28/2023 839.33 Total for Department: 111 City Administration 89,808.03 Department: 112 City Attorney
51972 Best Best & Krieger, Attorney At Law Legal fees:Telecommunications issue, Verizon litigation 09/05/2023 8,820.00 Total for Department: 112 City Attorney 8,820.00
Department: 115 Community Planning & Building
51981 De Lage Landen Financial FY 23-24 Financial Services 09/05/2023 414.33 51988 IWORQ PCLUP - Parcel Upload, Monthly 09/05/2023 500.00 52010 US Bank MONTEREY BAY ICC TRAINING: JERMEL L. & DUANE D. 09/05/2023 519.94 Attachment 1
Total for Department: 115 Community Planning & Bldg 1,434.27 Department: 116 Police
51965 Alhambra Water service-Police Dept 09/05/2023 209.40 51966 Allied Universal Beach patrol services 09/05/2023 702.00 51967 Amazon Capitol Services PD Supplies and Equipment 09/05/2023 30.55 51971 Axon Enterprise, Inc Taser instructor expense 09/05/2023 990.00 51980 Monterey County Dept of Emerg Communications NGEN Operations and maintenance Quarter 2 FY 23-24 09/05/2023 5,106.35 51982 Deanna Dickman Reimburse for VIPS expenses 09/05/2023 190.42 52001 Salinas Valley Pro Squad PD Uniform and service clothes 09/05/2023 199.92 52002 Same Day Shred PD-Document shredding services 09/05/2023 45.00 52007 Transunion Risk & Alterna PD: Monthly fee for information services 09/05/2023 75.00 52010 US Bank PD Office supplies 09/05/2023 134.71
52010 US Bank PD Vehicle Maintenance 09/05/2023 931.07
52010 US Bank PD equipment maintenance 09/05/2023 1,539.89 52015 Allied Universal Beach patrol services 09/07/2023 351.00 52018 Comcast PD Cable serices 09/07/2023 352.83
52024 MCCLEOA 2023-24 MCCLEOA Dues 09/07/2023 300.00
52026 Office Depot, Inc. Office supplies PD 09/07/2023 9.82 52033 Allied Universal Beach patrol services 09/19/2023 702.00 52034 Amazon Capitol Services PD Supplies and Equipment 09/19/2023 104.16 52037 ArmorerLink Annual subscription:Firearm management system 09/19/2023 2,400.00 52041 Carmel Towing & Garage PD Gas and oil expense 09/19/2023 4,553.70 52042 Comcast PD Cable serices 09/19/2023 41.64
52046 De Lage Landen Financial PD Copier usage 09/19/2023 161.70 52047 Department of Justice/Accounting Office PD:Fingerprinting services 09/19/2023 32.00 52053 Isaac Eckel PALS Renewal Oct 2023 reimbursement 09/19/2023 180.00 52057 Monterey Peninsula Regional SRU SRU Yearly Contribution FY 2023-24 09/19/2023 5,000.00 52058 Monterey Tire Service Inc PD-New tire purchase and installation 09/19/2023 658.94 52060 Office Depot, Inc. Office supplies PD 09/19/2023 57.96 52067 Salinas Valley Pro Squad PD Uniform and service clothes 09/19/2023 486.09 52070 Summit Uniforms PD Uniform purchases 09/19/2023 341.25 52071 T2 Systems Canada Inc. PD:Digital iris services 09/19/2023 75.00 52073 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support 09/19/2023 1,045.13 52089 Alhambra Water service-Police Dept 09/28/2023 172.36 52090 Allied Universal Beach patrol services 09/28/2023 351.00 52091 Attention to Decal Remove and install new decals for PD 09/28/2023 1,828.85 52096 Comcast PD Cable serices 09/28/2023 321.54
52098 Department of Justice/Accounting Office PD:Fingerprinting services 09/28/2023 47.00 52113 US Bank PD shipping fees 09/28/2023 377.91
52113 US Bank PD office supplies 09/28/2023 1,683.75
52113 US Bank PD safety equipment 09/28/2023 316.19
52113 US Bank PD Point Emblem badges 09/28/2023 442.84
Total for Department: 116 Police 32,548.97
Department: 117 Fire
51979 City Of Monterey Fire Dept Vehicle repairs 09/05/2023 253,138.07 51980 County of Monterey, Dept of Emerg Communications Dispatch Service Quarter 2 FY 23-24 09/05/2023 6,114.03 51985 Hi Tech EVS, Inc. Service fee Hurst Rescue Systems 09/05/2023 748.00 51994 Mission Linen Service Fire Dept laundry service 09/05/2023 123.62 52032 Alhambra Water service-Fire Dept 09/19/2023 169.66 52041 Carmel Towing & Garage Fire Dept. Gas Expense (E15) 09/19/2023 621.46 52056 Mission Linen Service Fire Dept laundry service 09/19/2023 276.68 52103 Mission Linen Service Fire Dept laundry service 09/28/2023 123.62 Total for Department: 117 Fire 261,315.14
Department: 118 Ambulance
51975 Bound Tree Medical LLC Medical supplies 09/05/2023 309.99 51979 City Of Monterey FY 23-24 Ambulance Administration fee 09/05/2023 7,423.41 52028 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 09/07/2023 90.30 52036 American Supply Company Janitorial Supplies-Amb Dept 09/19/2023 347.47 52039 Bound Tree Medical LLC Medical supplies 09/19/2023 6,824.21 52041 Carmel Towing & Garage Amb Dept. Gas Expense (7166) 09/19/2023 1,034.58 52046 De Lage Landen Financial Ambulance copier usage 09/19/2023 71.01 52064 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 09/19/2023 70.81 52077 Wittman Enterprises, LLC Ambulance billing service 09/19/2023 3,987.12 52095 City Of Monterey FY 23-24 Ambulance overtime reimbursement for staffing by Monter 09/28/2023 3,226.26 Total for Department: 118 Ambulance 23,385.16
Department: 119 Public Works
51964 Ailing House Pest Control Pest Control 09/05/2023 434.00 51965 Alhambra Water for Public Works Dept. 09/05/2023 85.91 51968 American Lock & Key Locksmith and key service for CF- 09/05/2023 1,134.00 51969 Applied Marine Sciences Microbial source tracking - #401-23/04 8/3/2023 09/05/2023 2,580.00 51978 Cintas Corporation Uniform Service for PW staff 09/05/2023 162.81 Attachment 1
51979 City Of Monterey Vehicle services. 09/05/2023 521.16 51983 Edges Electrical Group Electrical supplies, LED lights for City facilities 09/05/2023 1,613.32 51995 Monterey County Housing & Comm Dev General Encroachment permit-requested by Traffic Safety Committe 09/05/2023 390.00 51997 Office Depot, Inc. Office Supplies for PW Admin 09/05/2023 463.96 51998 Pacific Coast Trane Controls Hot water pump parts for boiler 8/4/23 #SRVCE00020294 09/05/2023 1,220.00 51999 Pureserve Building Service Janitorial services FY 23/24 09/05/2023 21,141.35 52003 Scarborough Lumber & Building Public Works Streets supplies 09/05/2023 157.44 52004 Signworks Inc City logo decals for vehicles 09/05/2023 293.63 52008 Uline Inc. Safety supplies for PW/Forestry 09/05/2023 1,371.71 52009 Universal Staffing Inc Temporary staffing services 09/05/2023 4,228.75 52010 US Bank CW- Embroidery 09/05/2023 54.99
52012 West Coast Arborists Inc . Tree maintenance services as directed by City Forester 09/05/2023 3,326.15 52034 Amazon Capitol Services Car Week speed bumps - 8/15/23 09/19/2023 991.14 52035 American Lock & Key Locksmith and key service for CF 09/19/2023 223.96 52044 Cypress Painting & Decorating, Inc. Painting for City Facilities 09/19/2023 3,980.00 52046 De Lage Landen Financial Lease for copiers for PW 09/19/2023 205.40 52050 Ewing Irrigation and Landscape Supply Irrigation Supplies 09/19/2023 130.01 52051 Golden State Portables Forest Theater events maintenance/cleaning 09/19/2023 1,787.19 52060 Office Depot, Inc. Office Supplies for PW Admin 09/19/2023 220.24 52113 US Bank Office Supplies 09/28/2023 17.97
52113 US Bank Hotel for tree topio training 09/28/2023 345.88 52113 US Bank Airline for APWA Conf-Javier 09/28/2023 348.00 Total for Department: 119 Public Works 47,428.97
Department: 120 Library
52062 Pacific Grove Self Storage Storage Unit - Document storage 09/19/2023 353.00 Total for Department: 120 Library 353.00
Department: 121 Community Activities
52020 Good Roots Events, Inc. 50% for 2023 Farmers' Market & 3rd Thursday events 09/07/2023 20,700.00 52093 Carmel Pine Cone Community Activities end of year event calendar 09/28/2023 1,350.00 52099 Golden State Portables Porta potties for Sandcastle Contest 9/15-18/2023 09/28/2023 1,362.03 52113 US Bank Event supplies, lunch for Homecrafters' jury selection committee 09/28/2023 311.15 Total for Department: 121 Community Activities 23,723.18 Department: 122 Economic Revitalization
52025 Monterey County Convention & Visitors Current year Jurisdiction Investment Q1 7/1/23-9/30/23 09/07/2023 51,007.50 52030 Sunset Cultural Center Inc. Operating Grant FY 23-24 09/07/2023 187,500.00 Total for Department: 122 Economic Revitalization 238,507.50 Department: 130 Non-Departmental
52061 Pacific Gas & Electric Citywide gas & electric services 09/19/2023 13,724.68 52092 Cal-Am Water Company Water service citywide 09/28/2023 17,802.23 52107 Pacific Gas & Electric Citywide gas & electric services 09/28/2023 232.14 Total for Department: 130 Non-Departmental 31,759.05
Department: 311 Capital Projects
51974 Blancas Construction Inc PD Reno 7/24/23 #1042 dispatch wall removal and ceiling tile 09/05/2023 4,085.37 51984 EMC Planning Group, Inc Coastal Hazard project services 09/05/2023 11,942.30 51993 Margaret Clovis Phase 2 Report (Historical Eval.) - Sunset Center Cottages, CIP 09/05/2023 1,080.00 52023 Layer 1 Networks Inc PD Reno:Install outlets in Dispatch area 09/07/2023 1,484.96 52040 Carmel Pine Cone PW Community Notice 6/27/23 #2325RE43 09/19/2023 292.50 52045 Davey Resource Group, Inc. CIP:Urban Forest Master Plan Project manager services 09/19/2023 9,327.50 52049 Dudek Environmental support:MTNP 3 Stream Stability Project 09/19/2023 5,735.00 52055 Jayson Architecture CIP:Library Master Plan Study 09/19/2023 839.56 52076 Wallace Group Concrete Streets 09/19/2023 467.50
52104 Monterey County Weekly Classifieds Paving Project Public Notice 42-072215-00000 8/10/23 09/28/2023 1,212.75 52111 State Water Resources Control Board (SWRCB) MTNP Drainage Project 09/28/2023 120.00 52112 Ten Over Studio, Inc FM Reno Project 09/28/2023 1,240.00 Total for Department: 311 Capital Projects 37,827.44
Grand Total 803,950.71
Contract Amt Paid thru Aug Contract Balance
$ 48,140.00 107,730.00 $ 59,590.00 $
$ 491,873.20 2,950,699.00 $ 2,458,825.80 $
$ 64,692.53 272,000.00 $ 207,307.47 $
$ 72,884.16 179,800.00 $ 106,915.84 $
Vendor
Pen Messenger
City of Monterey *
Pureserve *
4Leaf Inc.

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 6, 2023

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

Resolution 2023-100, authorizing the City Administrator to execute a Construction Contract with Monterey Peninsula Engineering for the Base Bid plus a 5% contingency, in the total amount of $1,139,566, for the FY 2021/22 Pavement Rehabilitation Program, including the San Carlos Bicycle Route, Eighth to Thirteenth Avenues, and Sidewalk Improvements Project, and approving a transfer from the CIP Contingency Fund of $261,566 to complete the Project
RECOMMENDATION:

Adopt Resolution 2023-100, authorizing the City Administrator to execute a Construction Contract with Monterey Peninsula Engineering for the Base Bid plus a 5% contingency, in the total amount of $1,139,566, for the FY 2021/22 Pavement Rehabilitation Program, including the San Carlos Bicycle Route, Eighth to Thirteenth Avenues, and Sidewalk Improvements Project, and approving a transfer from the CIP Contingency Fund of $261,566 to complete the Project.

BACKGROUND/SUMMARY:

Project History
In June 2019, the City Council adopted the Fiscal Year (FY) 2019/20 Capital Improvement Program (CIP) which included the following Projects, with initial budgets as indicated:

Citywide Multiyear Paving Project, $918,272 (included $361,224 from external funds: Measure X, Gas Tax, and SB 1)
San Carlos Bike Route, Eighth to Thirteenth Avenues, $21,237 (design only) San Carlos Median Islands, $34,000 (included $17,000 in donations) The combined total Project budget was $973,509 when initially funded. It should be noted, however, that the budget for the proposed work was developed over four years ago, and inflation and the construction bidding climate have changed significantly since that time as discussed in this report.

In September 2019, Council awarded a Professional Services Agreement to Neill Engineers Corp., for a fee of $126,800, for engineering and design of the Project. In January 2020, the design was 90% complete, and the Project was presented at Public Workshop #1 at Sunset Center to solicit feedback on the San Carlos Median Islands landscaping concepts.

In March 2020, the Project was put on hold during the Covid-19 Pandemic for two years. During the Pandemic, there was no funding for capital projects for FY 20220/21.

In May 2021, Council adopted Resolution 2021-018, approving a list of streets for the FY 2021/22 Annual Paving Project, as required to qualify for SB 1, the Road Repair and Accountability Act. The list of streets selected was substantially the same as those streets selected for the FY 2019/20 Paving Project with adjustments made during the design and public outreach process.

In June 2021, Council adopted the CIP for FY 2021/22 with a remaining budget of $962,230 for this Project, with street selections as modified in May 2021, and with additional funding from the Transportation Safety Fund and Regional Transportation Improvement Program for sidewalk repairs. Since then, the Project was re-named the "FY 2021/22 Pavement Rehabilitation Project." In late FY 2021/22, the Project design resumed.

No further changes to the Project scope and budget were made with the FY 2022/23 CIP. However, due to numerous public comments opposing the San Carlos Median Islands received at the Forest and Beach Commission meeting in November 2022, and at Public Workshop #2 in January 2023, Council removed the San Carlos Median Islands from the Project at the March 2023 meeting.

In June 2023, Council adopted Resolution 2023-067 for the FY 2023/24 CIP, approving the carry-over of 25 prior FY CIP projects, including this Project with a remaining budget of $878,000, and approving a new CIP Contingency Fund with an initial Budget of $500,000 to cover anticipated higher costs.

Project Development and Bidding Results
Upon removal of the San Carlos Median Islands, the Project design plans and technical specifications were completed by Neill Engineers. Specifically, the scope of work included in the final bidding documents and covered under the Base Bid - Basis of Award (the portion of the Project to advance to construction) includes:

Asphalt Overlay Streets
Junipero Street & Camino Del Monte, between First and Second Avenues Junipero Street, between Third and Fourth Avenues
Santa Fe Street, between Fifth and Eighth Avenues
Micro –Surfacing Streets
Junipero Street, between Fourth and Ocean Avenues
San Carlos Street between Eighth and Thirteenth Avenues Micro-surfacing is a protective seal coat which extends the life of pavement. It is a thin, tough layer of asphalt emulsion blended with finely-crushed stone for traction. There is no perceptible difference in tire noise as compared to asphalt overlay treatments. While new to Carmel, micro-surfacing has been successfully used in other Monterey Peninsula municipalities for many years. As confirmed in the bids, it is more cost-effective to renew the road by micro-surfacing versus asphalt overlays, but it should not be applied when road surfacing has further deteriorated.

Roadway improvements will include: patch paving, removing markings, crack sealing, conform grinding, placing a 2” or 2-1/2” thick asphalt overlay or applying micro-surfacing, reconstructing several ADA ramps, and restoring pavement markings, berms, and swales.

San Carlos Bike Route
At the March 2023 meeting, Council directed staff to proceed with the San Carlos Bike Route as depicted in the City's General Plan Circulation Element, despite some community opposition. Council requested that no new roadside signs be installed along the bike route, but pavement markings, such as bicycle sharrows, would be acceptable.

However, based on further review of FHWA, Caltrans, and other design guidelines by the engineering consultant, and with consultation with the Police Chief and Public Works Director, it is strongly recommended that only one set of signs (rather than signs on each side of the road in each intermittent block) be installed in each direction – one near Eighth Avenue for southbound travel, and one near Thirteenth Avenue for northbound travel. Each would include a “Share the Road” sign and a bicycle legend sign, both mounted together on a wooden post. To install the City’s first official Bike Route on a newlyresurfaced street without any such signs would be contrary to minimum safety standards.

Sidewalk Repairs
Dolores Street west side, between Fifth and Sixth Avenues Mission Street west side, between Fourth and Fifth Avenues Mission Street west side, between Fifth and Sixth Avenues San Carlos Street west side, north of Fourth Avenue
Sidewalk repairs will include: removing existing brick, concrete, asphalt, and paver sidewalk segments, regrading and compacting subgrade, installing redwood headers and new permeable pavers or asphalt sidewalk, adjusting utility boxes to grade, and reconstructing adjacent curbs, cobblestone curbs, gutters, and berms where necessary.

Contract documents were initially prepared by one of the City’s Project Management consultants, 4 Leaf, and then finalized by the City’s in-house Project Manager. A CEQA determination of exemption was provided by the City’s Environmental Programs Manager. Once the final design was approved for construction, the Project was extensively advertised for construction bids in August. Notices were published in the Carmel Pine Cone and Monterey County Weekly, Central Coast Builders Association, and posted on the City’s and other public purchasing websites. In addition, courtesy calls and emails were made to 40 contractors that specialize in civil construction, asphalt restoration, and concrete construction. Three prime contractors attended the Pre-Bid meeting.

Despite best outreach efforts, only two bid proposals were received at the Public Bid Opening held on September 12, 2023. While all bids are much appreciated, receiving only two bids appears to becoming the norm in this current, unfavorable bidding climate, likely due to construction labor shortages and busy contractors. In years past, multiple, competitive bids were received for our larger construction projects.

This Bid Opening yielded the following results:

The low Base Bid of $1,085,301, submitted by Monterey Peninsula Engineering (MPE), was responsive and responsible, but 15% above the Engineer’s cost estimate.

Based in Marina, MPE has been in business since 1980 and specialize in grading, paving, site work, and installation of utilities. MPE previously completed the FY 2017/18 Paving Project for Carmel, and in the past few years completed similar projects including Street Rehabilitations in Pacific Grove, the Main Street Streetscape in Salinas, and Citywide ADA Ramps and Street Reconstructions in Monterey.

As noted above, the City has not been getting many bidders nor favorable bids this year. Over the past few months, the City received two bids for the City Hall retaining wall repair project, with the low bid 20% over the estimate. Next, only one bid was received for the MTNP well decommissioning and tank and pump house removal project. That bid was much higher than the estimate; however, the estimate was determined by be inaccurate for the hazardous materials remediation. The next bids were for the Sunset Center exterior painting, cottage window repairs, Harrison Memorial Library exterior and interior painting, and City Hall roof replacement. Again, only two bids were received with the low bid 88% above the estimate. Therefore, the subject paving project is proving, once again, that we are not receiving competitive bids, and bid prices have escalated above expectations.

Bid Additives
The bid proposals included four Bid Additives. The additives were for asphalt overlays along four additional streets as listed below. While Council may award any of these Bid Additives if additional funding is identified, these additive bid prices were not favorable, and these streets, while also in need of resurfacing, are not at the same level of distress as the streets included in the Base Bid. See discussion below under "Proposed Approach for Current and Future Street Paving Projects."

1. San Antonio Avenue, between Fourth and Ocean Avenues

2. San Antonio Avenue, between Ocean and Eighth Avenues

3. Monte Verde Street, between Fourth and Ocean Avenues

4. Torres Street, between Second and Fourth Avenues
While a 10% contingency is normally recommended for construction contracts, staff will be as diligent and judicious as possible to try to keep the final cost within a 5% contingency. Should differing site conditions warrant an urgent field change, this contingency would be immediately available. Any funds remaining would be returned to the CIP fund balance. However, if additional funding is needed to complete the Project, staff would seek Council authorization at such time.

Construction will take approximately three months from issuance of the Notice to Proceed, but will be dependent on weather conditions. All streets that will be affected by this Project will remain open to local traffic during construction; however, traffic control plans will be in place, and motorists may experience temporary, local detours.

Proposed Approach for Current and Future Street Paving Projects Because of the current unfavorable bidding climate, staff recommends that the project designs, which constitute a fraction of the total project costs, continue to develop "Shovel Ready" project plans, but that construction will need to be throttled back. Thus, should a potential bond or ballot measure be successful, or if grant opportunities are identified, the City would be able to proceed into construction and seek to get caught up with roadway repairs. The following further outlines this approach based on year-by-year roadway projects in the CIP past, present, and upcoming.

FY 2021/22: Although the four Bid Additives are not proposed for award at this time, these streets are still in need of resurfacing, and the design plans are “Shovel Ready.” Based on MPE’s bids, approximately $759,000 is needed to complete the FY 2021/22 Project.

FY 2022/23: The Concrete Streets Repair project was initially funded with $1,005,000. As noted in the September 2023 report when Amendment No. 1 to the Professional Services Agreement with BKF Engineers was approved by Council, and factoring in the Project Management fees for Wallace Group, the remaining budget for construction is $698,891. Similar to the FY 2021/22 Project, the Concrete Streets project will also be broken down into a Base Bid and Bid Additives. Because of the increased scope of work required along lower Ocean Avenue, as well as considering current bid prices, the preliminary cost estimate for the overall Concrete Street Repairs has increased to $2M; thus, another $1.3M may be needed to complete that project.

FY 2023/24: This Annual Paving Project was initially funded with $1,096,000. At the November meeting, Council is being requested to approve an Amendment to the Professional Services Agreement with Wallace Group to include $177,664 for design of 4 street overlays, 21 streets for slurry treatments, and 5 sidewalk repairs, leaving $918,336 for construction. Since the design is ready to start and is only a fraction of the total project cost, it is recommended that this work proceeds, and that the designs be "Shovel Ready" when sufficient construction funding is available. Staff is also proposing that the FY 23/24 Paving Project incorporate the 4 Bid Additives not awarded with this FY 2021/22 Paving Project, plus Bid Additives not awarded with the FY 2022/23 Concrete Street Project. This would include a ballpark backlog cost of $2M in addition to the cost of the FY 2023/24 project.

FY 2024/25 and FY 2025/26: With an additional $2M in funding for prior year paving projects in the FY 24/25 and/or FY 2025/26 CIPs, and coupled with the $918,336 that will be available for construction of the FY 2023/24 project, the City should be able to “Catch Up” with prior year paving projects. In the meantime, Staff will consult with TAMC on the use of additional external funding to help pay for prior year fund allocations for projects which had much higher than anticipated bids and ongoing "Maintenance of Effort" funding required from City funding sources. Regardless of available funding and timing to catch up on construction projects, no further designs are recommended until approximately FY 2026/27.

FISCAL IMPACT:

The FY 2023/24 CIP included a remaining carry-over budget of $878,000 for this Project. Costs for design services were absorbed in prior year budgets. The construction cost to MPE for the Base Bid of $1,085,301, plus a 5% contingency of $54,265, is $1,139,566. Therefore, an additional budget of $261,566 ($1,139,566 - $878,000) is needed to award this contract.

The FY 2023/24 CIP included a Contingency Fund account, with a budget of $500,000, to pay for carryover and future capital improvement projects that have become costlier to execute due to inflation and other factors. To award the contract for the MTNP Water Well Decommissioning and Tank and Pump House Removal Project, $42,378 was previously transferred from the Contingency Fund (Resolution 2023-077).

With an allocation of $261,566 to award the subject contract, the CIP Contingency Fund balance would be further reduced to $196,056. Based on the current bidding climate, and in light of a number of upcoming construction contracts, an increase in the CIP Contingency Fund may be requested in the FY 2023/24 MidYear Budget and/or CIP for FY 2024/25.

Project funding, plus the Contingency Fund, are both available in CIP Account Number 301-311-00-43008.

PRIOR CITY COUNCIL ACTION:

Please refer to Project History in the Background Section of this report.

ATTACHMENTS:

Attachment 1) Resolution 2023-100

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-100

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT WITH MONTEREY PENINSULA ENGINEERING IN THE AMOUNT, WITH 5% CONTINGENCY, OF $1,139,566, FOR THE FISCAL YEAR 2021/22 PAVEMENT REHABILITATION PROGRAM,

SAN CARLOS BICYCLE ROUTE, AND SIDEWALK IMPROVEMENT PROJECTS WHEREAS, in June 2019, the City Council adopted the Fiscal Year (FY) 2019/20 Capital Improvement Program (CIP) which included the Citywide Multiyear Paving Project, San Carlos Bike Route, Eighth to Thirteenth Avenues, and San Carlos Median Islands Projects, with an initial combined budget of $973,509; and
WHEREAS, in June 2021, Council adopted the FY 2021/22 CIP with a revised budget of $962,230 for this Project, including additional funding for sidewalk repairs, and street selections as modified in May 2021, and, at that time, the Project was re-named the FY 2021/22 Pavement Rehabilitation Project; and
WHEREAS, in June 2023, Council adopted Resolution 2023-067 for the FY 2023/24 CIP, approving the carry-over of 25 prior FY CIP projects, including this Project with a remaining budget of $878,000, and a CIP Contingency Fund with an initial Budget of $500,000; and WHEREAS, in August 2023, the final design was completed for asphalt overlays along portions of Junipero Street and Santa Fe Street, micro-surfacing treatments along portions of Junipero Street and San Carlos Street, bicycle route improvements along San Carlos Street between Eighth and Thirteenth Avenues, and sidewalk repairs in four downtown locations, and the Project was approved for construction; and
WHEREAS, the Project was extensively advertised for construction bids, and two bid proposal were received at the Public Bid Opening held on September 12, 2023; and WHEREAS, the low Base Bid of $1,085,301, submitted by Monterey Peninsula Engineering, was responsive and responsible, but four Bid Additives included in the bid proposal were not favorable, and resurfacing at these locations should be deferred; and WHEREAS, the deferred Bid Additives for this FY 2021/22 Paving Project, coupled with anticipated cost overruns with the separate FY 2022/23 Concrete Street Repairs Projects, and upcoming overlays, slurry treatments, and additional sidewalk repairs in the separate FY 2023/24 Paving Project, will result in a backlog of ”Shovel-Ready” projects; thus, additional construction funding should be programmed over the next fiscal year(s) to “Catch Up” on the backlog; and WHEREAS, the total cost of the Base Bid plus 5% contingency of $1,139,566, less the remaining Project balance of $878,000, requires the transfer of $261,566 from the FY 2023/24 CIP Contingency Fund to fully fund this construction contract.

Attachment 1
Resolution No. 2023-100

Page 2 of 2 ends

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

Authorize the City Administrator to execute the construction contract with Monterey Peninsula Engineering in the total amount, with 5% contingency, of $1,139,566; and Authorize the transfer of $261,566 from the CIP Contingency Fund to cover the cost of this Project’s construction contract.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 6, 2023

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

Resolution 2023-101, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Wallace Group for Project Management and Design Services for two capital improvement projects for a not-to-exceed fee of $241,258
RECOMMENDATION:

Adopt Resolution 2023-101, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Wallace Group for Project Management and Design Services for two capital improvement projects for a not-to-exceed fee of $241,258.

BACKGROUND/SUMMARY:

At the June 2022 meeting, Council adopted Resolution 2022-048 approving the carry-over of FY 2021/22 Projects, including the MTNP Well Decommissioning and Tank and Pump House Removal Project and Wayfinding Signs, plus 25 new FY 2022/23 Capital Improvement Projects, including the Citywide Drainage Repairs Project and Concrete Streets Repair Project.

In July 2022, Council adopted Resolution 2022-058 awarding a Professional Services Agreement with Wallace Group (WG) for Project Management Services for delivery of four Capital Improvement Projects, listed below, for a not-to-exceed fee of $192,775. WG was selected by an evaluation committee as best qualified to implement the City’s civil engineering-oriented, capital improvement projects.

Since July 2022, the four projects assigned to WG progressed as follows:

1. MTNP Well Decommissioning and Tank and Pump House Removal Project. WG prepared the design and construction bidding documents and coordinated the environmental reviews. The City’s in-house Project Manager took over the Project during the bidding and construction phases.

The Project was fully implemented and is currently being closed out. WG was under budget by $24,383.

2. Wayfinding Signs. This Project was cancelled. WG was under budget by $12,923 at the time of cancellation.

3. Citywide Drainage Repairs Project. WG oversaw the 2023 Storm Drain Master Plan Update prepared by Schaaf and Wheeler. The Project has since been taken over by the City’s Project Manager, and the design of the first four, high priority drainage repair projects is currently 30% complete by Neill Engineers. The budget remaining in the Agreement with Wallace at the time of the transfer was $44,938.

4. Concrete Street Repairs. WG has been managing the Project design by BKF Engineers. The design is nearly 95% complete, and required additional design work by BKF was approved by Council at the September 2023 meeting. WG will continue to manage the Project through design completion, as well as the public bidding and construction phases. The remaining budget of $48,115 appears adequate for WG to complete the project.

In June 2023, Council adopted Resolution 2023-067 approving 25 carry-over Capital Improvement Projects, including the Concrete Street Repairs, plus 16 additional FY 2023/24 Capital Improvement Projects, including the Coastal Infrastructure Repairs Project, with an initial budget of $250,000 and the FY 2023/24 Paving Project, with an initial budget of $1,096,000. Amendment No. 1 was negotiated with WG to perform these two new projects, as outlined below.

5. Coastal Infrastructure Repairs. Based on the Shoreline Condition Assessment prepared under the Coastal Engineering Study Project, Wallace Group will develop a Request for Proposals to select a third-party design consultant to begin the long-term repairs of the Carmel Beach stairways, revetments, and sea walls. WG will prepare a professional services agreement with the selected consultant, and manage the consultant’s services. The selected consultant will prepare cost estimates for all damaged infrastructure identified in the Shoreline Condition Assessment, prioritize and phase subsequent repair packages, and design the repairs for the 2 or 3 most critical wooden beach access stairs. The fee for these services is $63,594 and is estimated to be completed in 9 months.

6. FY 2023/24 Paving Project. Wallace Group will provide field surveying, utility coordination, and prepare design plans, technical specifications, and cost estimates for 4 streets to be paved with an asphalt overlay, 21 streets for slurry seal treatments, and 5 sidewalk repairs. Bidding and construction of these improvements are not yet fully funded and will be scheduled upon completion of the design.

The fee for these services is $177,664 and is estimated to be completed in 10 months.

FISCAL IMPACT:

Project Management and Design Services for the two new Capital Improvement Projects included in Amendment No. 1 will be charged to CIP Account Number 301-311-00-43008. Sufficient funding is available for the previously-assigned project and two new projects proposed under this Amendment.

The net total amount of the Agreement plus Amendment No. 1 with Wallace Group is $351, 789 as summarized below:

Projects Fee
Agreement MTNP Well, Tank, Pump House $48,184
Wayfinding Signs 18,414
Drainage Repairs 58,827
Concrete Street Repairs 67,350
Unused Budget, Projects 1-3 -82,244
Amendment No. 1 Coastal Infrastructure Repairs 63,594
FY 23/24 Paving Project 177,664
Total Authorization Not-to-Exceed $351,789
As demonstrated by recent bid results, the FY 2022/23 and/or FY 2023/24 budgets for certain capital improvement projects may already be low due to continuing cost escalation and inflation for consultant fees, construction labor shortages, materials supply, transportation, and the unfavorable bidding climate.

Therefore, some projects may be scaled back to fit the available budget, while others will proceed as intended, with the caveat that additional funds may be needed at the time that construction contracts are awarded. A Contingency Budget was established in the FY 2023/24 Capital Improvement Program to cover such costs. An increase in Contingency Budget may be considered for the FY 2023/24 Mid-Year Budget.

PRIOR CITY COUNCIL ACTION:

In June 2022, Council adopted Resolution 2022-048 approving the carry-over of FY 2021/22 Projects, plus 25 new FY 2022/23 Capital Improvement Projects.

In July 2022, Council adopted Resolution 2022-058 awarding a Professional Services Agreement with WG for Project Management Services for delivery of four, civil engineering-oriented Capital Improvement Projects, for a fee of $192,775.

ATTACHMENTS:

Attachment 1) Resolution 2023-101

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-101

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

AGREEMENT WITH WALLACE GROUP FOR PROJECT MANAGEMENT AND DESIGN SERVICES FOR TWO CAPITAL IMPROVEMENT PROJECTS, FOR A NOT-TO-EXCEED FEE OF $241,258 WHEREAS, in June 2022, the City Council adopted Resolution 2022-048 approving the carry-over of Fiscal Year (FY) 2021/22 Projects, including the MTNP Well Decommissioning and Tank and Pump House Removal Project and Wayfinding Signs, plus 25 new FY 2022/23 Capital Improvement Projects, including the Citywide Drainage Repairs and Concrete Street Repairs; and WHEREAS, in July 2022, Council adopted Resolution 2022-058 awarding a Professional Services Agreement with Wallace Group for Project Management Services for delivery of these four Capital Improvement Projects, for a not-to-exceed fee of $192,775; and WHEREAS, In June 2023, Council adopted Resolution 2023-067 approving 25 carry-over Projects, including Concrete Street Repairs, plus 16 additional FY 2023/24 Capital Improvement Projects, including the Coastal Infrastructure Repairs Project and FY 2023/24 Paving Project; and WHEREAS, Amendment No. 1 to the Professional Services Agreement was negotiated with Wallace Group to provide additional project management and design services for these two new FY 2023/24 projects for a not-to-exceed fee of $241,258; and
WHEREAS, sufficient funding is available for these additional services in the Capital Projects fund account.

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

Authorize the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Wallace Group for Project Management and Design Services for two Capital Improvement Projects for a not-to-exceed fee of $241,258.

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

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

Resolution 2023-102, authorizing a Free Use Day of the Sunset Center Theater and Lobby for the Carmel Public Library Foundation 12th Annual Fundraiser Benefit RECOMMENDATION:

Adopt Resolution 2023-102, authorizing a Free Use Day of the Sunset Center Theater and Lobby for the Carmel Public Library Foundation 12th Annual Fundraiser Benefit.

BACKGROUND/SUMMARY:

The 2017 Agreement between the City and Sunset Cultural Center, Inc. (SCC) provides that the City shall have the right to use the theater and lobby for up to twelve (12) full days each fiscal year without charge, as long as the spaces have not already been committed to rental customers by SCC.

The Carmel Public Library Foundation (CPLF), a non-profit organization, is requesting one of the City’s free use days of the theater and lobby. CPLF plans to hold its 12th annual fundraising benefit, on Tuesday, April 23, 2024, at the Sunset Center Theater. Granting the Carmel Public Library Foundation one of the Sunset Center free use days will result in significant savings in facility use fees. Proceeds from the evening will benefit CPLF, whose mission is "to fund the Carmel Public Library, keep the doors open, and maintain the library’s preeminence as a steward and cherished cultural institution on the Central Coast of California." The request letter from CPLF is included as Attachment 2.

The Carmel Public Library Foundation has tentatively booked the theater and lobby for the requested date and will confirm with Sunset Center should the Council authorize the free use day.

FISCAL IMPACT:

Proceeds from the event will be used to support of the Harrison Memorial Library.

PRIOR CITY COUNCIL ACTION:

Council has granted the CPLF free use days of the Sunset Center for past fundraising events that benefit the Carmel Public Library.

ATTACHMENTS:

Attachment 1) Resolution 2023-102
Attachment 2) Letter from Carmel Public Library Foundation

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-102

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

AUTHORIZING A FREE USE DAY OF THE SUNSET CENTER THEATER AND LOBBY FOR THE CARMEL PUBLIC LIBRARY FOUNDATION 12TH ANNUAL FUNDRAISER BENEFIT WHEREAS, the City's Amended and Restated Lease Agreement with Sunset Center Cultural Center (SCC), adopted by the City Council on June 6, 2017, stipulates that the City shall have the right to use the Sunset Center theater, lobby and dressing rooms for up to twelve (12) full days (designated in the Lease Agreement as "Free Theater Days") each fiscal year without charge; and
WHEREAS, the Carmel Public Library Foundation is requesting use of the Sunset Cultural Center through the City's Free Theater Days for their annual fundraiser benefit on Tuesday, April 23, 2024; and
WHEREAS, the proceeds generated from the benefit will fund the Carmel Public Library, to keep the doors open and maintain the library’s preeminence as a steward and cherished cultural institution on the Central Coast; and
WHEREAS, granting the Carmel Public Library Foundation one of the Sunset Center Free Theater Days will result in significant savings in facility use fees for this organization.

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

Authorize the Carmel Public Library Foundation to utilize one of the City's Sunset Center Free Theater Days for their annual spring benefit in April 2024.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
l!
a
September 19,2023

CARMEL PUBLIC

LIBRARY FOUNDATION
Chip Rerig Administrator &
City Council
Carmel-by-the-Sea City Hall
P.O. Box CC
Carmel, CA 93921
Sincerely,
.lZh.ro rrlro !Tr/k,
Alexa ndra Fallon
Executive Director
Cc:

Nova Romero, City Clerk
Ashlee Wright, Libra ry Director
Marci Meaux, CPLF President
John Krisher, Library Trustee President
Sasha Swift, Sunset Center
p.O. Box 2042, Carmel by-the-Sea, CA93921 tel (831)624-2a11 lax $31) 626-1788 www.carmelpubliclibraryfoundation.org fp e,int"a on too"z ,ecyc
"a
prp",
Dear Mr. Rerig:

The Carmel Public Library Foundation respectfully requests consideration of our request to be granted one of the City of Carmel's "free use days" at the Sunset Center Theater. We plan to hold our 12th annual fundraising benefit this spring: Tuesddy, April 23, 2024.

Set in the beautiful Sunset Center Theater, our annual fundraising benefits highlight national renowned authors, historians and scholars. Proceeds from the evening will benefit the Carmel Public Library Foundation whose mission is to fund the Carmel Public Library, to keep the doors open and to maintain the library's preeminence as a steward and cherished cultural institutlon on the Central Coast of California. Tickets to the program are typically $75 and include book sale and signing and a wine reception.

Thank you for your consideration of our request. We hope to make this a successful and profitable event furthering our mission to fund the library. Please let me know if you require a ny additional information or documentation
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 6, 2023

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

Resolution 2023-104, authorizing application for, and receipt of, State of California Regional Early Action Program (REAP 2.0) Planning Grant Program funds RECOMMENDATION:

Adopt Resolution 2023-104, authorizing application for, and receipt of, State of California Regional Early Action Planning 2.0 (REAP 2.0) Grant Program funds.

BACKGROUND/SUMMARY:

On June 29, 2021, Governor Newsom signed the Budget Act of Fiscal Year 2021-2022 which established the Regional Early Action Planning Grants Program of 2021 (REAP 2.0) which allocated $600 million in one-time funds to accelerate infill housing development, affirmatively further fair housing, and reduce VMT.

A portion of REAP 2.0 funds ($8,625,000) have been allocated to the Association of Monterey Bay Area Governments (AMBAG).

The REAP 2.0 program was established through AB 140 (July 2021) for transformative and innovative projects that implement a region's Sustainable Communities Strategy (SCS) and help achieve the objectives of more housing and transportation options that reduce reliance on cars. REAP 2.0 builds on actions completed through the REAP 1 grant program but expands the focus by integrating housing and reduced vehicle miles traveled (VMT) and by allowing for broader planning and implementation investments, including infrastructure investments supporting housing development. This includes accelerating housing production and facilitating compliance with the 6th Cycle of the housing element.

The REAP 2.0 Program Framework includes three core components:

1. Regional Competitive Grant Program

2. Local Suballocation Grant Program

3. AMBAG SCS Implementation, Technical Assistance, REAP 2.0 Program Development and Administration
The City of Carmel-by-the-Sea has been awarded an $85,000 REAP 2.0 Local Suballocation Grant. Note that a local match is not required. The project description is as follows.

The City of Carmel-by-the-Sea will pursue the creation and adoption of Objective Design and Development Standards (ODDS) to reduce governmental constraints presently limiting the production of affordable housing. Once adopted, the City's ODDS will be used to review and approve housing projects with at least 20% affordable units (units for very-low, low, and moderate‐ income households) on sites identified within the City's draft 2023-2031 6th Cycle Housing Element. The City's expectation, and desired intent, is that having ODDS in place will incentivize and accelerate the construction of multi-family affordable housing projects in the City's downtown zones, including the Central Commercial (CC), Service Commercial (SC), Residential & Limited Commercial (RC), and Multifamily Residential (R-4), which all fall within the Potential Opportunity Area identified by Moving Forward Monterey Bay 2045.

The adoption of ODDS would eliminate a governmental constraint identified in the draft 2023- 2031 6th Cycle Housing Element, as the City's existing Design Guidelines contain subjective principles that require discretion be applied by City Planning staff and the City's governing bodies (Historic Resources Board, Planning Commission, and City Council). The subjectivity of the existing Design Guidelines is believed to have a stifling effect on the development of higherdensity affordable housing; the specificity and non-discretionary nature of ODDS will offer assurances to housing developers working with limited funds. Carmel's ODDS will be developed with community input solicited via an equitable stakeholder outreach effort and with the assistance of a qualified consultant. Following adoption of the ODDS by the City Council, City staff will pursue an education and outreach program and will also utilize online resources for dissemination of information. The City will amend its zoning ordinance and Local Coastal Plan as applicable.

The adoption of ODDS in Carmel-by-the-Sea will result in streamlined, expedited permitting for qualifying projects. This non-discretionary permitting process will incentivize infill housing development and increased density in the downtown zones, where residents enjoy reliable bus transit service (located within a half-mile of all possible project sites). Increased density and availability of affordable housing/housing options will subsequently result in a reduction of VMT as fewer local workers presently commuting long distances from elsewhere in Monterey County and surrounding counties may instead opt to live locally, enjoying access to reliable public transit as needed. The City's present jobs-worker imbalance requires remediation, and the City views ODDS as a solution-oriented action that will help with problematic commute patterns negatively affecting the entire Central Coast region by creating more housing near where people work.

Additionally, the implementation of ODDS and the subsequent increase in housing development will reduce existing disparities in housing opportunity and affordability and improve racial and ethnic diversity within the City. The City's efforts to promote integrated and balanced living patterns are fully in line with the State's "Affirmatively Further Fair Housing" goals.

The project timeline is as follows:
• December 2023 - February 2024: Execute grant agreement • June 30, 2024: Deadline to encumber REAP 2.0 funds
• March 31, 2026: All REAP 2.0 projects and activities must be completed; final activity reports and project invoices submitted to AMBAG
FISCAL IMPACT:

The City is eligible to receive up to $85,000 in planning grants under the State of California Regional Early Action Planning 2.0 (REAP 2.0) Grant Program to complete the projects outlined in the grant application. If the Council adopts the Resolution, a budget adjustment in the amount of $85,000 would be made following approval of the grant application.

PRIOR CITY COUNCIL ACTION:

On November 5, 2019, the City Council adopted Resolution 2019-081 authorizing the application for and receipt of SB 2 Planning Grants Program (SB2 PGP) Funds in the amount of $165,000. On June 16, 2020, the City Council adopted Resolution 2020-039 authorizing the application for and receipt of Local Early Action Program (LEAP) Funds in the amount of $65,000. On October 6, 2020, the City Council adopted Resolution 2020-069 authorizing the application for and receipt of Regional Early Action Planning (REAP) Funds in the amount of $65,000. The REAP 2.0 grant funding would supplement these efforts.

ATTACHMENTS:

Attachment 1) Resolution 2023-104
Attachment 2) Grant Application
Attachment 3) Memorandum of Understanding

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-104

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

AUTHORIZING THE CITY TO ENTER INTO AGREEMENTS FOR THE REGIONAL EARLY ACTION PLANNING GRANT 2.0 PROGRAM
WHEREAS, the California Department of Housing and Community Development (HCD) is authorized to provide up to $510,000,000 to Metropolitan Planning Organizations and Councils of Government listed in Health and Safety Code Section 50515.08, subdivisions (a)(1)-(6) under the Regional Early Action Planning Grants Program (REAP 2.0), as detailed in Health and Safety Code Section 50515.08-10; and
WHEREAS, the State of California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability on July 26, 2022, for REAP 2.0 grants available to Metropolitan Planning Organizations and Councils of Government; and WHEREAS, the Association of Monterey Bay Area Governments (AMBAG) requested funds from HCD pursuant to Health and Safety Code Section 50515.08(c) to develop and accelerate the implementation of the requirements described in Health and Safety Code section 50515.08(c)(1); and
WHEREAS, HCD approved AMBAG’s Request for Funds, subject to the terms and conditions of Eligibility, Guidelines, NOFAs, Program requirements, and the Standard Agreement by and between HCD and AMBAG; and
WHEREAS, AMBAG is authorized to suballocate REAP 2.0 funds to eligible applicants in the AMBAG region and will administer the REAP 2.0 grant program and provide oversight of the grant program in the AMBAG region; and
WHEREAS, AMBAG developed a suballocation program in cooperation with HCD and eligible applicants in the AMBAG region; and
WHEREAS, the AMBAG issued a Notice of Funding Availability for a REAP 2.0 suballocation program for eligible applicants in the AMBAG region on June 15, 2023; and WHEREAS, the City of Carmel-by-the-Sea is eligible to submit a request for allocation for a portion of REAP 2.0 funds from AMBAG; and
WHEREAS, the amounts allocated to the City of Carmel-by-the-Sea will be based on the allocation method approved by HCD and AMBAG; and
WHEREAS, AMBAG shall approve allocation requests subject to the terms and conditions of eligibility, guidelines, Notices of Funding Availability, and program requirements.

Attachment 1
Resolution 2023-104

Page 2 of 2 ends

NOW THEREFORE, BE IT RESOLVED:

1. The City of Carmel-by-the-Sea is hereby authorized to accept an allocation not to exceed $85,000 from the Association of Monterey Bay Area Governments for REAP 2.0 grant funding, and

2. The City of Carmel-by-the-Sea is hereby authorized to enter into agreements and take further actions as may be necessary to give effect to this resolution, such as executing amendments, memorandums of understanding, and approving funding applications with the Association of Monterey Bay Area Governments for REAP 2.0 grant funding.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_______________________________ __________________________________ Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
DocuSign Envelope ID: D1 FDBF70-AFD6-4F39-9EBC-9DD942DEE557 Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
Also explain how the project will further the SCS in focusing future development within transit corridors (within½ mile of transit), actionize the Infill Housing Toolkit for SCS implementation with densities beyond single family housing preferred, and support other SCS investments.

Include the address(es) of the project area(s), satellite map (Google Maps or similar) of the project site(s) including surrounding parcels so AMBAG can verify that the project is not adjacent to natural or agricultural lands, and is in an appropriate infill site. If a zoning map is available to show the project location and associated land use designation, that will help assist in confirming the project is in an eligible infill area.

The creation and adoption of Objective Design and Development Standards (ODDS) in Carmelby-the-Sea will accelerate infill development within the City's "Potential Opportunity Area" recognized by Moving ForwardMonterey Bay 2045. The PotentialOpportunityArea is bound by 3rd Avenue, Torres Street, and Casanova Street north of Ocean Avenue, and the City limits and 11th Avenue south of Ocean Avenue (see map image pasted below, and Table 1-1, Appendix I:

SCD Maps). The OpportunityArea is estimated to encompass approximately two thousand jobs in various sectors, including but not limited to hospitality and tourism. The desired infill development will be targeted within a high-resource area with amenities and services (grocery stores, shops, restaurants, professional services, etc.) as well as numerous attractions. The creation and adoption of ODDS through a community-partnered planning effort will increase housing choice and affordability within the City's Central Commercial (CC), Residential Commercial (RC), Service Commercial (SC), and Multi-Family Residential (R-4) zones, which all fall within the Potential Opportunity Area. For qualifying projects, ODDS will replace the City's existing discretionary/subjective DesignGuidelines, reduce project planning feesfor applicants, and enable expedited permit reviews. Theresulting increased development of multi-family and mixed-use housing with at least 20% affordable units will effectively reduce VMT and greenhouse gas emissions by either eliminating or lessening commutes for local workers who may choose to reside in Carmel by the Sea. The ODDS will be applied to qualifying projects on unused or underutilizedlands, within existing developmentpatterns, accessible to destinations and daily services by transit, walking, or bicycling, and located in areas with transit-supportive densities. The City's downtown zones (CC, RC, SC, R-4) are all within a half-mile of bus transit.

Further, the 2023-2031 6
th cycle Housing Element proposes to eliminate single-family housing from these zones. See Question 9 for more.
10 Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
DocuSign Envelope ID: 01 FDBF70-AFD6-4F39-9EBC-9DD942DEE557 Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
Miles Traveled reduction goals or targets; regional or local equity policies and programs included in an adopted RTP/SCS; and GHG reduction goals or targets.

ODDS is expected to result in Significant Beneficial Impacts. During the 2015-2023 5th Cycle Housing Element, the City did not see the creation of any affordable units. The 5th Cycle RHNA was 31 units; of the 18 units permitted, all were above-moderate.

Using zero affordable units as a "baseline," the City expects a significant beneficial impact resulting from ODDS. ODDS is one program (of many) identified in the 2023- 2031 6th Cycle Housing Element aimed at reaching the City's RHNA goal of 349 units, and specifically meeting the extremely low, very low, low, and moderate-income level goals (57, 56, 74, and 44 units respectively).

7. Explain how your project Advances California Planning Priorities per Government Code 65041.1.

ODDS will promote infill development of underutilized land served by existing adequate transit, streets, water (where credits are sufficient/available), sewer, and other essential services and utilities. The desired development of affordable housing will not harm the City's protected environmental resources (described and regulated by the Local Coastal Plan). Existing land patterns will be relied upon and developed in an efficient manner. Greater affordable housing options in Carmel will result in increased equity and environmental protections (lessened VMT). See question 5 for more.

9. Explain how the project supports promotion of infill development and equity by rehabilitating, maintains, and improves existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas, and to preserve cultural and historic resources.

The ODDS project will impact a valid infill area (the Potential Opportunity Area identified by Moving Forward Monterey Bay 2045) and will accelerate infill development. The targeted project area (downtown Carmel) contains underutilized lands, existing development patterns, and is highly accessible to destinations and daily services by transit, walking, or bicycling. The targeted project area is located in an established community that meets all the following criteria:
i. The area consists or previously consisted of qualified urban uses ii. The area is predominantly surrounded (approximately 75 percent of the perimeter) by parcels that are developed or previously developed with qualified urban uses. In counting this, perimeters bordering navigable bodies of water and improved parks shall not be included, and
iii. No parcel within or adjoining the area is classified as agricultural or natural and working lands.
15 Attachment 2
Attachment 2
Attachment 2
DocuSign Envelope ID: D1 FDBF70-AFD6-4F39-9EBC-9DD942DEE557 Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
Project Title:

Tasks Budget Start End Description and Deliverables Date Date Creation of Objective $85,000 10/1/23 3/31/26 Consultant to review existing policies, Design and zoning ordinances, and Design Guidelines to
Development identify design elements suitable for
Standards (ODDS) codification as ODDS. ODDS to be consistent with the existing downtown zone(s) in
regards to building height, density, parking
and other standards. Consultant to provide
two drafts and one final ODDS document,
inclusive of text and graphics. Consultant to
provide meeting materials, facilitate
community meetings, and present to the
Planning Commission and City Council.

Total: $85,000
18 Attachment 2
Attachment 2

MEMORANDUM OF UNDERSTANDING
between

THE ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS
and
the City of CARMEL-BY-THE-SEA
Regarding
REGIONAL EARLY ACTION PLANNING GRANTS PROGRAM OF 2021
WHEREAS, on June 29, 2021, Governor Newsom signed the Budget Act of Fiscal Year 2021-2022 which established the Regional Early Action Planning Grants Program of 2021 (REAP 2.0 or Program) which allocated $600 million in one-time funds to accelerate infill housing development, affirmatively further fair housing, and reduce VMT; and
WHEREAS, the California Department of Housing and Community Development (HCD) has been assigned as the state agency overseeing this program; and
WHEREAS, a portion of REAP 2.0 funds have been allocated to the Association of Monterey Bay Area Governments (AMBAG); and
WHEREAS, AMBAG will grant the majority of REAP 2.0 funds to eligible entities in the AMBAG area; and WHEREAS, eligible entities may apply for a portion of AMBAG’s REAP 2.0 funds according to an allocation method approved by the AMBAG Board; and
WHEREAS, AMBAG shall approve grant applications subject to the terms and conditions of eligibility, guidelines, Notices of Funding Availability, and program requirements.

THEREFORE, BE IT RESOLVED:

The following agreement is entered into between the City of CARMEL-BY-THE-SEA (Grantee) and the Association of Monterey Bay Area Governments (AMBAG).

Attachment 3

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority
The Regional Early Action Planning Grants Program of 2021 (REAP 2.0 or Program) is established for the purpose of providing regions with one-time funding, including grants for transformative planning and implementation activities. Up to eight million six hundred and twenty-five thousand ($8,625,000) shall be distributed by AMBAG to eligible entities in the AMBAG area under the Program in accordance with Chapter 3.15 of the California Health and Safety Code (Statute). The Association of Monterey Bay Area Governments (AMBAG) shall administer the Program to eligible entities in the AMBAG area in accordance with the Statute and AMBAG’s REAP 2.0 Local Suballocation Grant Program and Regional Competitive Grant Program Guidelines (Guidelines), pursuant to Health and Safety Code section 50515.10(h), and program guidance.

This Agreement (Agreement) authorizes the encumbrance of the total funds available to the awardee, subject to all statutory requirements and all applicable provisions, including but not limited to the Guidelines, approved applications, and any subsequent modifications.

The Grantee shall consult with AMBAG on any amendment modification or other provision related to the implementation of the Program. AMBAG’s decisions related to the administration of the Program shall be final.

2. Purpose
In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. AMBAG has agreed to make the grant for planning and implementation activities pursuant to the Guidelines and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, application, as well as this Agreement, subsequent amendments or modifications to this Agreement and the requirements of the authority cited above.

Based on all representations made by the Grantee, AMBAG shall encumber the full amount pursuant to the Guidelines and provide payment upon reimbursement request and subsequent payments in accordance with this agreement. All terms, conditions and other relevant provisions will be subject to amendments as a result of subsequent applications and awards for remaining funds in accordance with this agreement.

3. Definitions
Terms herein shall have the same meaning as defined by the Guidelines and Statute.

4. Scope of Work
Attachment 3
Grantee shall use the awarded funds in accordance with the approved scope of work as contained in the timeline and budget and related information outlined in the approved application as attached hereto and incorporated herein by this reference, and as set forth in this agreement. The scope of work may be amended in compliance with statutory requirements subject to approval by AMBAG.

5. Monitoring
A. The Grantee shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as described in the Statute, Guidelines, Scope of Work, application, subsequent approved applications and all other pertinent documents. These books, records, documents and other evidence shall be available for audit and inspection by AMBAG at AMBAG’s principal place of business.

B. AMBAG may request additional information, as needed, to demonstrate statutory compliance, satisfaction of program requirements and necessary amendments to this Agreement, including but not limited to reporting or audit requirements, or award amount to the Grantee.

C. AMBAG may monitor expenditures and activities of the Grantee, as AMBAG deems necessary, to ensure compliance with statutory or AMBAG requirements.

D. AMBAG may, as it deems appropriate or necessary, request the repayment of funds from a Grantee or pursue any other remedies available to it by law for failure to comply with Program requirements pursuant to Health and Safety Code section 50515.10 (g).

E. AMBAG’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided, shall be final pursuant to Health and Safety Code section 50515.10(i).

F. Monitoring provisions may be amended and are subject to additional provisions in accordance with this Agreement or subsequent amendments.

6. AMBAG Contract Coordinator
The Contract Coordinator of this Agreement for AMBAG is Paul Hierling, Senior Planner. Any notice, report, or other communication required by this Agreement shall be submitted under the penalty of perjury by email to [email protected].

Attachment 3

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Application for Funds
A. AMBAG is entering into this Agreement on the basis of, and in reliance upon, facts, information, assertions and representations contained in any application or award or any subsequent modifications or additions to such thereto approved by AMBAG.

All awarded applications for funding and any approved modifications and additions thereto are hereby incorporated into this Agreement.

B. The Grantee warrants that all information, facts, assertions and representations contained in any approved application, award or approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of an application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would affect AMBAG's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, AMBAG or AMBAG’s designee may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

2. Grant and Reimbursement Limit
A. The maximum total amount encumbered to the Grantee pursuant to this Agreement shall not exceed $85,000.00,
B. This Agreement authorizes payments and awards up to the total award amount as described in Section 2A of this Exhibit and is subject to AMBAG approval.

C. The Grantee shall submit and follow a schedule for the expenditure of the award prior to disbursement of funds as attached hereto and incorporated hereby this reference. The schedule is subject to AMBAG approval and may be revised as AMBAG deems necessary.

3. Grant Timelines
A. This Agreement is effective upon approval by all parties and AMBAG.

B. All Grant funds must be obligated no later than March 31, 2024 and expended by March 31, 2026 unless the grant recipient receives an extension to the grant expenditure deadline in writing.

Attachment 3
C. Extensions to the March 31, 2026 grant spending deadline may only be granted by AMBAG to the grantee in writing after September 31, 2025 and only if the grantee has spent at least 60% of their REAP 2.0 grant by September 31, 2025.

D. Final invoices must be submitted to AMBAG by April 15, 2026. Under special circumstances, approved by AMBAG and in accordance with the expenditure deadline, AMBAG may modify the invoice deadline and may provide exception to carry out the terms of this Agreement.

E. It is the responsibility of the Grantee to monitor the progress and timeliness of grant fund obligations, including invoicing and reimbursements within the specified dates.

4. Allowable Uses of Grant Funds
A. AMBAG shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Statute and REAP 2.0 Guidelines which includes associated forms and guidelines, approved applications and this Agreement.

B. Grant funds shall only be used by the Grantee for project activities approved by AMBAG that involve planning and implementation activities in accordance with the Statute and REAP 2.0 Guidelines.

C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to eligible activities.

D. A Grantee that receives funds under this Program may use a subcontractor and Grantee shall be accountable to AMBAG to ensure subcontractor’s performance of the subcontract shall comply with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program.

E. After the Agreement has been executed by AMBAG and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables in accordance with the scope of work and subject to the terms and conditions of this Agreement.

Attachment 3
REAP 2 .0 TERMS AND CONDITIONS

1. Accounting and Records
A. The Grantee, its employees, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for invoices. Grantees may establish and maintain an accounting system and reports, as described above, on behalf of contractors and subcontractors.

B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required.

C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.

D. The Grantee agreesthat AMBAG or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Agreement.

E. The Grantee agrees to maintain such records for a possible audit after the final payment for at least five years after all funds have been expended or returned to AMBAG unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.

F. Contractors and subcontractors employed by the Grantee and paid with moneys under the terms of this Agreement shall be responsible for maintaining accounting records as specified above.

2. Invoicing
A. Grant funds cannot be disbursed until the Agreement has been fully executed.

B. The Grantee will be responsible for compiling and submitting all invoices and Attachment 3
reporting documents.

C. The Grantee must bill AMBAG based on clear deliverables outlined in the Agreement or budget timeline. Generally, approved and eligible costs incurred for work after execution of the Agreement and completed during the grant term will be reimbursable.

D. The Grantee shall submit to AMBAG on a quarterly basis or upon completion of deliverable, and each requisition for payment (Invoice) shall accompanied by a narrative progress report. Quarters are defined as July 1 to September 30, October 1 to December 31, January 1 to March 31, and April 1 to June 30. Project invoices may be submitted to AMBAG by the Grantee on a quarterly basis or upon completion of a deliverable, subject to AMBAG’s approval.

E. The grantee shall submit an invoice to AMBAG no later than fifteen calendar days (15) after the close of each quarter. Invoices shall describe progress toward completion of tasks, projects, and products, conformance with project schedules and reporting of costs incurred.

F. Year-end Invoices, reports, and supporting documentation submitted in the quarter April 1 to June 30 submitted over fifteen calendar days (15) after the close of the quarter shall not be paid.

G. All invoices must also include supporting documentations including receipts or backup for all expenses for which reimbursement is sought. Supporting documentation may include, but is not limited to, purchase orders, receipts, progress payments, subcontractor invoices, timecards, reports, or any other documentation as deemed necessary by AMBAG to support the reimbursement to the Grantee for expenditures incurred.

H. Payment of Invoices is contingent upon receipt by AMBAG or the above documentation provided by the Grantee. Payment to Grantee is further contingent upon AMBAG’s determination that the performance of the Grantee meets State and AMBAG standards.

I. All Grantee funds must be spent and work completed by March 31, 2026.

J. AMBAG must indicate approval of Grantees invoices before they will be considered complete

3. Audits
Attachment 3
A. At any time during the term of the Agreement, AMBAG may perform or cause to be performed a financial audit of any and all phases of the award. At AMBAG’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. AMBAG has the right to review project documents and conduct audits during project implementation and over the project life.

B. The Grantee agrees that AMBAG or AMBAG’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement.

C. The Grantee agreesto provide AMBAG, or AMBAG’s designee, with any relevant information requested.

D. The Grantee agrees to permit AMBAG or AMBAG’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, REAP 2.0 Guidelines, and the Agreement.

E. AMBAG may request additional information, as needed, to meet other applicable audit requirements.

F. AMBAG or AMBAG’s designee may monitor expenditures and activities of a Grantee or its designees, contractors or subcontractors, as AMBAG deems necessary, to ensure compliance with REAP requirements.

G. If there are audit findings, the Grantee must submit a detailed response acceptable to AMBAG or AMBAG’s designee for each audit finding within 90 days from the date of the audit finding report.

H. The Grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to AMBAG unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.

I. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee and its designees, contractors, and subcontractors until completion of the action and resolution of all issues which arise from it. In any contract that it enters into in an amount exceeding $10,000, the Attachment 3
Grantee shall include AMBAG’s right to audit the contractor’s records and interview their employees.

J. The Grantee shall comply with and be aware of the requirements and penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.

4. Remedies and Non-Performance
A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by AMBAG’s Executive Director, or the Executive Director’s designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of AMBAG’s Executive Director or Designee shall be AMBAG’s final decision regarding the dispute, not subject to appeal.

B. Neither the pendency of a dispute nor its consideration by AMBAG will excuse the Grantee from full and timely performance in accordance with the terms of this Agreement.

C. In the event that it is determined, at the sole discretion of AMBAG, that the Grantee is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from AMBAG to stop work, the Grantee shall cease all work under the Agreement. AMBAG has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the Grantee to resume work under the Agreement.

D. AMBAG has the right to terminate the Agreement at any time upon 30 calendar days written notice. The notice shall specify the reason for early termination and may permit the Grantee or AMBAG to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to AMBAG within 30 calendar days of the early termination notice.

E. The applicant must demonstrate a clear and significant nexusto REAP 2.0 Program goals and objectives and must carry out provisions to meet the Program goals and objectives and other requirements, including, but not limited to, adoption or completion of activities toward policy outcomes and implementation of eligible use activities funded through a suballocation process. Any lack of action or action inconsistent with REAP 2.0 requirements may result in review and could be subject to repayment of the grant.

F. At any time, if AMBAG finds the Grantee included false information in application, as part of the application review, or subsequent amendments, AMBAG may require Attachment 3
the repayment of funds.

G. Grantees are responsible for suballocations meeting all REAP 2.0 requirements.

H. If a grantee has not spent at least 20% of a REAP 2.0 grant awarded by December 31, 2024, that grantee’s funding will be deobligated and reallocated to another grantee and/or purpose at the discretion of AMBAG’s Executive Director or the Executive Director’s designee.

I. If a grantee has not spent at 60% of a REAP 2.0 grant awarded by September 31, 2025, that grantee’s funding may be deobligated and reallocated to another grantee, and/or purpose at the discretion of AMBAG’s Executive Director or the Executive Director’s designee.

J. Examples of a breach of this Agreement:

1. Grantee’s failure to comply with any term or condition of this Agreement.

2. Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not specified and approved under this Agreement.

3. Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager in writing.

K. AMBAG may, as it deems appropriate or necessary, require the repayment of funds from a Grantee, or pursue any other remedies available to it by law for failure to comply with all REAP 2.0 Program requirements or breach of this agreement.

L. In addition to any other remedies that may be available to AMBAG in law or equity for breach of this Agreement, AMBAG may at its discretion, exercise a variety of remedies, including but not limited to:

1. Revoke existing REAP 2.0 award(s) to the Grantee;

2. Require the return of unexpended REAP 2.0 funds disbursed under this Agreement;

3. Require repayment of REAP 2.0 Funds disbursed and expended under this Agreement;

4. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance Attachment 3
with the REAP 2.0 Program requirements; and

5. Other remedies available at law, by and through this Agreement. All remedies available to AMBAG are cumulative and not exclusive.

6. AMBAG may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 calendar days.

M. The Grantee may be subject to amendment of this section as a result of subsequent applications and awards.

N. AMBAG and the Grantee are fully committed to working with each other throughout the Term of this Agreement and agree to communicate regularly with each other at all times so as to avoid and minimize disputes. AMBAG and the Grantee agree to act in good faith to prevent and resolve potential sources of conflict before they escalate into a question or controversy. AMBAG and the Grantee each commit to resolving such dispute in an amicable, professional, and expeditious manner and agree to use the following procedure for resolving the dispute: (a) either party may give notice to the other of the dispute and will meet within three (3) business days to attempt to resolve the dispute; (b) a meeting or meetings shall be promptly between the representatives of the parties regarding the dispute to attempt in good faith to negotiate a resolution of the dispute; (c) if within thirty (30) days after a dispute has arisen, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation; (d) the mediator shall be jointly selected by the parties, or failing agreement on the selection of a mediator within thirty (30) days after the parties fail to negotiate an informal resolution of any dispute, the mediator shall be a retired judge or justice selected by the supervising judge of the Civil Division of the Monterey County California Superior Court. In any mediation conducted pursuant to this section, the provision of the California Evidence Code section 1152 shall be applicable to limit the admissibility of evidence disclosed by the parties in the course of the mediation; and € if the parties are not successful in resolving the dispute through the mediation, then the parties agree that the dispute shall be submitted to binding arbitration to a single arbitrator in accordance with the existing Rules of Practice of Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the close of mediation as declared by the mediator.

O. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Attachment 3
Agreement or for the breach thereof shall be brought and tried in the County of Monterey.

5. Reporting
A. At any time during the term of the Agreement, AMBAG may request a performance report that demonstrates satisfaction of all requirements identified in the Agreement with emphasis on eligible activities, eligible uses, and expenditures according to timelines and budgets referenced in the Agreement.

B. Reports shall include the following information:

1. The status of the Proposed Uses and expenditures listed in the Grantee’s applications for funding and progress of each proposed use toward all the objectives of the REAP 2.0 program as provided in the Guidelines and explained in the applications.

2. An explanation and quantification, where appropriate, of the progress achieved toward all of the objectives of the REAP 2.0 program, barriers and solutions for each Proposed Use that is consistent with and incorporates the metrics in the full application, including, but not limited to:
i. Housing units accelerated,
ii. Reductions in Vehicle Miles Traveled Per Capita,
iii. Location of investment,
iv. Socioeconomic statistics about the impacted geography, and v. Regional impact explanation
The report must identify whether proposed uses overlap with other programs that share the same objectives as REAP 2.0. The Grantee should also identify any measurement challenges that persist and highlight any administrative barriers that prevent it from obtaining the information it needs to perform better analysis of progress made achieving REAP 2.0 Objectives and make adjustments to the extent possible in subsequent reporting years.

C. Upon completion of all deliverables within the Agreement, the Grantee shall submit a close out report in a manner and form prescribed by AMBAG.

6. Indemnification
Neither AMBAG nor any officer, employee or designee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted by the Grantee, its officers, Attachment 3
employees, agents, its contractors, its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Agreement, Guidelines or Statute. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless AMBAG and all of AMBAG’s staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, contractors, sub-recipients, or subcontractors under this Agreement, Guidelines or Statute.

7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of AMBAG to enforce at any time the provisions of this Agreement, orto require at any time, performance by the Grantee ofthese provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of AMBAG to enforce these provisions.

8. Relationship of Parties
It is expressly understood that this Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

9. Third Party Contracts
A. All REAP 2.0 related funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law.

B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement and shall be applicable to the Grantee’s subrecipients, contractors, and subcontractors. Copies of all agreements with subrecipients, contractors, and subcontractors shall be submitted to AMBAG’s program manager.

C. AMBAG does not have a contractual relationship with the Grantee’s subrecipients, contractors, or subcontractors, and the Grantee shall be fully Attachment 3
responsible for monitoring and enforcement of those agreements and all work performed thereunder.

10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity.

B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.

C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the REAP 2.0 Program.

D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the REAP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.

11. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a Attachment 3
court of competent jurisdiction, such invalidity, at the sole discretion of AMBAG, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Grantee shall notify AMBAG immediately of any claim or legal action undertaken by or against it, which affects or may affect this Agreement or AMBAG, and shall take such action with respect to the claim or legal action consistent with the terms of this Agreement and the interests of AMBAG.

12. Changes in Terms/Amendments
A. The Grantee may be subject to amendments to this section as a result of subsequent applications and awards.

B. This Agreement may only be amended or modified by mutual written agreement of both parties.

13. State-Owned Data
A. Definitions

1. Work:

The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement.

2. Work Product:

All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and deliverables conceived or made or, hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement, are considered Work Product. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee’s contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.

B. Sharing of Work Product and Rights
Attachment 3
All Work Product shall be shared with AMBAG and its partners for various purposes, including education, outreach, transparency and future learning.

14. Special Conditions
AMBAG reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved.

15. Term
This Memorandum of Understanding shall end on March 31, 2027. ___________________________
Date: _____________
Maura F. Twomey
Executive Director
____________________________
Date: ______________
Brandon Swanson
Director of Community Planning and Building
City of Carmel-by-the-Sea
Attachment 3

Carmel-by-the-Sea City CouncilNovember 6, 2023

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