Agenda packet — Carmel-by-the-Sea City Council, January 9, 2024 (part 1 of 4)

CITYOF CARMEL-BY-THE-SEA

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

REGULAR MEETING
Tuesday, January 9, 2024
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/88127129693 Dial in: (253) 215-8782 Webinar ID: 881 2712 9693 Passcode: 596075

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

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE
PUBLIC APPEARANCES - Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair.

Persons are not required to provide their names, however, it is helpful for speakers to state their names so they may be identified in the minutes of the meeting.

Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. Hateful, violent, and threatening speech is impermissible public comment as it disrupts the conduct of the public meeting. This is a warning that if a member of the public attending this meeting remotely violates the Brown Act by failing to comply with these requirements of the Brown Act the meeting, then that speaker will be muted.

EXTRAORDINARY BUSINESS
A. Carmel High School Report Out
B. Appointment of Mayor Pro Tempore for 2024

ANNOUNCEMENTS

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

1. December 4, 2023, Special Meeting Minutes & December 5, 2023, Regular Meeting Minutes

2. November 2023 Monthly Reports

3. November 2023 Check Register Summary

4. Resolution 2024-004 adopting the Fiscal Year 2024-2025 budget schedule

5. Resolution 2024-005 authorizing the City Administrator to execute a Construction Contract with Color New Co., in the amount, with contingency, of $392,150, for the Sunset Center Exterior and Harrison Memorial Library Exterior and Interior Painting Projects

6. Resolution 2024-006 authorizing the City Administrator to execute Amendment No. 2 to the Professional Services Agreement with Ten Over Studio for architectural services for the Sunset Center Portico Design Project, for a fixed fee of $29,500

7. Resolution 2024-007, authorizing one (1) Free Use Days of the Sunset Center Theater and Lobby to Frans Lanting Studio, in connection with the Bay of Life Fund non-profit organization, to host a "Bay of Life Project" community event in 2024

8. Resolution 2024-008 ratifying an appointment to the Forest and Beach Commission

9. Resolution 2024-009 awarding a Professional Services Agreement to PAST Consultants, LLC, for a not-to-exceed fee of $79,380, to provide consultant support for the “Phase II” update to the City's Historic Context Statement

10. Resolution 2024-010, authorizing the City Administrator to accept funds from the California Department of Park and Recreation under the Historic Preservation Fund Grant Program for a $40,000 award to partially fund “Phase II” of the Historic Context Statement update project

11. Resolution 2024-011 authorizing the City Administrator to execute an Amendment to Professional Services Agreement No. PBD-EMC-037-22-23 with EMC Planning Group, Inc. for scope of work for a not-to-exceed amount of $92,331, increasing the total contract cost to $371,931

12. Resolution 2024-012 Authorizing the City Administrator to Execute a Professional Services Agreement with Visit Carmel to Serve as the Carmel Restaurant Improvement District Owners' Association

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

13. Consideration of philosophy regarding ticketed events held in the public right-of-way during Car Week

14. Receive a presentation regarding Scout House Options and provide direction to staff

15. 6
th Cycle Draft Housing Element (2023-2031), Response to HCD Comment Letter

FUTURE AGENDA ITEMS

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

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

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

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

December 4, 2023, Special Meeting Minutes & December 5, 2023, Regular Meeting Minutes
RECOMMENDATION:

Approve Draft Minutes.

BACKGROUND/SUMMARY:

The City Council routinely approves minutes of its meetings.

FISCAL IMPACT:

None
PRIOR CITY COUNCIL ACTION:

None
ATTACHMENTS:

Attachment 1) December 4, 2023, Special Meeting Minutes Attachment 2) December 5, 2023, Regular Meeting Minutes

CARMEL-BY-THE-SEA

CITY COUNCIL

SPECIAL MEETING MINUTES
December 4, 2023

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

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

PUBLIC APPEARANCES
None

CONSENT AGENDA
Public comment: None
Motion by Mayor Pro Tem Richards to adopt consent agenda items #1-6, 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
Item 1 - November 6, 2023, Special Meeting Minutes, November 7, 2023, Regular Meeting Minutes, and November 7, 2023, Public Improvement Authority Special Meeting Minutes Item 2 - October 2023 Monthly Reports
Item 3 - October 2023 Check Register Summary
Item 4 - Resolution 2023-105, Establishing the meeting dates of the City Council for calendar year 2024
Item 5 - Resolution 2023-106, authorizing three (3) Free Use Days of the Sunset Center Theater and Lobby for the Carmel Unified School District annual choral, string and band festivals for Spring 2024
Attachment 1
Item 6 - Second Reading and Adoption of Ordinance No. 2023-007 Amending the Carmel Municipal Code (CMC) Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection

ORDERS OF BUSINESS
Item 7 - Urgency Ordinance 2023-008 of the City Council of the City of Carmel-by-the-Sea Regarding Mills Act Contracts
City Attorney Pierik gave a brief summary of the item and answered questions from the Council.

Public Comment: None
Motion by Councilmember Dramov to adopt Urgency Ordinance 2023-008, Regarding Mills Act Contracts, seconded by Councilmember Ferlito, and approved 5-0-0-0 by the following roll call vote:

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

CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation
Government Code Sections 54956.9 (d) (1)
Name of Case: Theresa Buccola v. City of Carmel-by-the-Sea; U.S District Court Northern California Case #2203877
PUBLIC COMMENT - Limited to items on closed session only None

ADJOURNMENT
Council adjourned the meeting at 4:36 p.m.

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

CARMEL-BY-THE-SEA

CITY COUNCIL

REGULAR MEETING MINUTES
DECEMBER 5, 2023

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

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

PLEDGE OF ALLEGIANCE
Mayor Potter led the pledge of allegiance.

EXTRAORDINARY BUSINESS
A. Annual Update from Monterey Salinas Transit (MST)
Councilmember Baron introduced Michelle Overmeyer, MST Director of Planning and Innovation who gave a brief presentation on the MST mission, vision, and values. She also gave an overview of the services, budget, and major projects.

B. Carmel High Report Out
Harper Homan, Carmel High ASB President, gave a summary of recent and upcoming events at the High School. He also spoke about the achievements of the various sports teams and fundraising for non-profits.

PUBLIC APPEARANCES
The following members of the public spoke:

Polly Osborne
Carmel River School Room 6 first grade students
Jeannette Burko
Daisy Rose
Craig Rose
Ken White
Doug Schmitz
Jo Todd
Nicholas J.

Cindy Lloyd
Catherine
Attachment 2
CC Regular Meeting Minutes – December 5, 2023

Page 2 of 6 ends

Nancy Twomey
C. Roy
Chris Cav

ANNOUNCEMENTS
City Administrator – Voiced gratitude to all the speakers who came tonight. Thanked staff for putting on the Annual Holiday Tree Lighting and Menorah lighting, and said the community really enjoyed it. He welcomed Police Chief Paul Tomasi back to the village. He also thanked Acting Police Chief Jeff Watkins for his leadership for the past year and congratulated him on his upcoming retirement.

City Attorney - Brian Pierik announced that there was no reportable action from yesterday’s closed session.

Councilmember Dramov - Thanked the American Legion Post 512 and City Staff for the Veterans Day ceremony. She also thanked Public Works Staff and Chip for replacing the flags at Devendorf Park.

Mayor Pro Tem Richards, Councilmember Ferlito, and Mayor Potter - Welcomed back Chief Tomasi, and thanked Acting Chief Watkins for all his service.

ORDERS OF BUSINESS
Item 1 - Resolution 2023-107 approving Policy C2023-01 establishing Guidelines for Carmel Beach Cleanup Operations
Mayor Pro Tem Richards suggested postponing this item to gather more information on the City’s options regarding beach debris removal. Councilmember Dramov and Mayor Potter voiced support, with Mayor Potter proposing consultation with the California Coastal Commission on what is allowed. Councilmembers Baron and Ferlito expressed interest in hearing the presentation prepared by City Staff and the Forest and Beach Commission’s input before making a decision.

Mayor Pro Tem Richards made a motion to continue this item to a future meeting date, seconded by Councilmember Dramov.

Mayor Potter opened public comment.

The following members of the public spoke:

Shirley Moon
Richard Kreitman
Dale Byrne
Brian Sours
Attachment 2
CC Regular Meeting Minutes – December 5, 2023

Page 3 of 6 ends

Council discussion resumed. Councilmember Baron proposed returning the item to the Forest and Beach Commission after Council guidance. City Administrator Rerig recommended a joint public meeting involving Council, the Forest and Beach Commission, and inviting representatives from the California Coastal Commission, State Lands Commission, Monterey Bay Sanctuary, and Fish and Game. He suggested including a beach tour before the meeting, accessible to the public.

Motion by Mayor Pro Tem Richards amended his original motion: to continue the Beach Cleanup Policy to a future meeting date, schedule a joint meeting of the City Council and Forest and Beach Commission with a tour of the beach prior, and invite the Coastal Commission Staff and other relevant regulatory bodies to discuss the beach cleanup policy in depth. Motion seconded by Councilmember Dramov, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2023-107 did not pass due to lack of motion.

Item 2 - Receive a Presentation regarding the 2023 Storm Drain Master Plan Update Public Works Director Bob Harary gave a presentation regarding the 2023 Storm Drain Master Plan Update covering its history, addressing concerns and unknown impacts, outlining projects for the 10-year storm prediction, and discussing drainage improvement priorities, Capital Improvement Projects (CIP), and required investments. He answered questions from Council.

Council received the report, no action taken.

Item 3 - Consider a recommendation from the City’s Traffic Safety Committee to convert a total of three (3) public street parking spaces to “no parking” zones in front of two (2) existing bus stops. The subject bus stops are on Junipero Avenue, northeast of 4th Avenue in front of the gas station (2 spaces), and on San Carlos Street, northeast of 10th Avenue in front of the Sunset Center (1 space).

Community Planning and Building Director Brandon Swanson gave a brief presentation of the item and answered questions from Council. Michelle Overmeyer, MST Director of Planning and Innovation requested that the Council consider removing 2 parking spaces in front of Sunset Center bus stop for safety reasons.

Public comment:

None
Council discussion resumed.

Attachment 2
CC Regular Meeting Minutes – December 5, 2023

Page 4 of 6 ends

Motion by Mayor Potter to approve the conversion of a total of four (4) public street parking spaces to “no parking” zones in front of 2 existing bus stops, located on Junipero Avenue, northeast of 4th Avenue in front of the gas station (2 spaces) and on San Carlos Street, northeast of 10th Avenue in front of the Sunset Center (2 spaces). Motion seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Council took a recess at 6:24 p.m. and returned to the dais at 6:35 p.m.

PUBLIC HEARINGS
Council gave consensus direction to hear items 7 and 6 before hearing items 4 and 5.

Item 7 - 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 - Recommended for Continuance to a future meeting
City Attorney Pierik announced that this item has been recommended by staff for continuance to a future meeting date. Mayor Potter invited public comment on the topic of continuance.

Public comment:

Girard Rose, on behalf of the applicant, said he agrees with the continuance.

Motion by Mayor Pro Tem Richards to continue the item to a future meeting, 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 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 - Recommended for Continuance to a future meeting
City Attorney Pierik announced that this item has been recommended by staff for continuance to a future meeting date. Mayor Potter invited public comment on the topic of continuance.

Public comment:

Attachment 2
CC Regular Meeting Minutes – December 5, 2023

Page 5 of 6 ends

Pierre LeComte, applicant, requested that Council not continue this item.

Motion by Mayor Pro Tem Richards to continue this item to a future meeting, 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 4 - 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 Principal Planner Marnie Waffle gave a presentation on the item.

Public comment:

Chris Barlow, representing the applicant, addressed Council Elizabeth Marsh
Catherine Gualtieri
Kristi Reimers
Motion by Mayor Pro Tem Richards to approve the Mills Act Contract for MA 23-117 (Griffin), 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 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 Principal Planner Marnie Waffle gave a presentation on the item.

Public comment:

Chris Mitchell, representing the applicant, addressed the Council Jason Retterer
Kristi Reimers
Polly Osborne
Chris Barlow
Councilmembers Baron, Dramov, and Ferlito expressed concerns that the proposed tax break under the Mills Act contract appears to exceed the rehabilitation costs, questioning compliance with criteria #5 for a "fair and equitable agreement."
Attachment 2
CC Regular Meeting Minutes – December 5, 2023

Page 6 of 6 ends

Motion by Councilmember Baron to deny the application, citing non-compliance with not finding #5, due to the amount of tax abatement being less than the amount the applicant will spend on historical preservation, seconded by Councilmember Ferlito.

Council discussion resumed. Councilmember Baron inquired if the City could propose an amended Mills Act Contract with a lower tax break, in order to meet finding #5. City Attorney Pierik said that there is nothing in the City’s current policy or code that provides for that option. He added that if Council decides that finding #5 is not met the Council could ask the applicant if they would volunteer to a lower tax break in the agreement, or submit a new application, however, he recommended that the Council adhere to what is in the current policy and code.

Councilmember Baron suggested tabling the item and have staff arrange a discussion with the applicant on adjusting the tax break in the Mills Act contract to align with rehabilitation costs. Chris Mitchell, the applicant's representative expressed openness to a discussion. City Administrator Rerig noted that any amended contract would require Council approval in a future meeting. City Attorney Pierik recommended a motion to continue the item without conditions tied to potential agreement changes.

Councilmember Baron made a substitute motion, to continue MA 23-116 (Esperanza Carmel, LLC): Consideration of a Mills Act Contract to a date uncertain. Motion was seconded by Mayor Potter and approved 4-1-0-0 by the following roll call vote:

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

FUTURE AGENDA ITEMS
None

ADJOURNMENT
Council adjourned the meeting at 7:51 p.m.

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: November 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 in Nov. 2023) 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 Dept.

CITY OF CARMEL-BY-THE-SEA
Monthly Report

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

In November 2023, 33 planning permit applications were received.

II. BUSINESS LICENSE APPLICATIONS:

In November 2023, 2 business license applications were received.

III. BUILDING PERMIT APPLICATIONS:

In November 2023, 53 building permit applications were received.

IV. CODE COMPLIANCE CASES:

In November 2023, 19 new code compliance cases were created.

V. TRANSIENT RENTAL COMPLIANCE CASES:

In November 2023, 5 new transient rental compliance case was created.

VI. ENCROACHMENT PERMIT APPLICATIONS:

In November 2023, 22 encroachment permit applications were received.

VII. TREE PERMIT APPLICATIONS:

In November 2023, 19 tree permit applications were received.

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: January 9, 2024
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 1
VIII. YEAR-TO-DATE TRENDS
Table 1 includes the following November 2023 totals:
• Planning Permit Applications
• Business License Applications
• Building Permit Applications
• Code Compliance Cases
• Transient Rental Cases
• Encroachment Permit Applications
• Tree Permit Applications
November 2023 totals are provided alongside November 2022 totalsfor 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 355 57 457 234 45 256 166
2023 YTD
Totals 373 68 568 219 35 262 360
YTD %
Difference + 5.07% + 19.30% + 24.29% - 6.41% - 22.22% + 2.34% + 116.88% Attachment 1
Page: 1 of 7
Planning Permit Report
11/01/2023 - 11/30/2023
Permit
#
Permit
Type
Project Description Address/Location Date
Received
Date
Approved
Status
23372 Design Review revised outdoor seating
permit
Corner of Dolores &
7th Avenue
In Review
23371 Reasonable
Accommodation
Owner requests a
reasonable
accommodation to
exceed site coverage
with semi-permeable
decking to facilitate the
use of the property.

Additional site coverage
requested is 400 sf.

Casanova 7 NW of
Ocean
11/30/2023 In Review
23370 Design Review outdoor lighting revision 6th Avenue & Junipero Street
In Review
23369 Notice of Exempt
Work
Fill holes created by story
pole installation to match
existing wall finish
7th Avenue and
Dolores
In Review
23368 Appeal Specific action or
decision being appealed:

The SW section of the
wrap-around, upper level
deck.

Grounds for appeal: SW
section of the deck
overlooks our front door,
and we deem this an
invasion of our privacy.

Because of the proximity
of the deck, anyone on
that deck can see right
through our house
causing security
concerns.

Santa Rita 4 SE of
Ocean Ave
11/28/2023 In Review
23367 Historic
Evaluation

HISTORIC EVALUATION -
PHASE 1 INTENSIVE.

Evaluation to include two
(2) APNs: 010-144-016 &
010-144-015.

SE Corner of
Dolores & 8th
11/6/2023 In Review
Attachment 1
Page: 2 of 7
23366 Design Study REPLACE, IN KIND,

WINDOWS IN SECOND
FLOOR BATHROOM.

INSTALL NEW HVAC FOR
UNIT OVER GARAGE.

INSTALL NEW SIDING

TO MATCH EXISTING

ALONG REAR OF MAIN
RESIDENCE. INSTALL

NEW GUTTERS AT

GARAGE OVER
STAIRWAY. COMPLETE

WORK AS APPROVED
UNDER DS22092
(EXPIRED PERMIT).

Monte Verde 6 SW
of 10th Avenue
11/8/2023 In Review
23365 Landscape Plan
Check/Inspection
Tree replacement and
landscape plan
SW Corner of Santa
Rita Street and 5th
Avenue
11/6/2023 In Review
23364 Use Permit Add one (1) table and
three (3) chairs to
existing outdoor patio for
a total of five (5) tables
and fifteen (15) chairs.

Southside of San
Carlos
11/21/2023 Pending
Assignment
23363 Design Study Expand existing deck 38
S.F.; New 836 S.F.
accessory dwelling unit
below existing/expanded
deck; new 11 S.F.
lightwell.

Camino Real 9 NE
of 4th Avenue
11/20/2023 In Review
23362 Authorized Work In-kind repair of
damaged sand set paver
driveway due to Cal Am
water main break.
2922 Santa Lucia
Ave
11/17/2023 11/17/2023 Approved
23361 Use Permit Temporary Use Permit
application for a pop-up
restaurant service from
Toasted for the
Homecrafters art fair.

Setup will begin at 8 am
and run from 10am -
3pm. Trash containers
and removal to be
provided by Toasted. Pop
up to be 10'x10' and
located along 9th, taking
three parking stalls
SW Corner of San
Carlos & 9th
11/16/2023 11/17/2023 Approved
Attachment 1
Page: 3 of 7
23360 Banners Installation of ten double
sided banners along
Ocean Ave from Junipero
to Monte Verde as
default banners when not
otherwise in use.

Ocean from
Junipero to Monte
Verde
11/16/2023 11/16/2023 Approved
23359 Sign Installation of two
hanging wood signs for
entrances on both sides
of the store. One at the
Carmel Plaza courtyard
entrance and one along
the Mission Street
entrance.

Carmel Plaza Suite
115
11/15/2023 In Review
23358 Design Study Minor amendments to
Design Study approval
DS 21-180 (Janz)
NEC 4th &
Carpenter
11/15/2023 In Review
23357 Temporary Use
Permit
Authorization. This
approval grants extended
hours of operation for
the Barmel Supper Club
(operating as a full-line
restaurant under a Use
Permit). The approved
closing time has been
extended from 11 pm on
Wednesday, November
22nd to 1 am on
Thursday, November
23rd. Four (4) additional
employees working and
one (1) additional
security person stationed
at the entrance to the
supper club for the
duration of these
extended hours.

Supper Club to be fully
closed and empty no
later than 1:15 am. No
live music. Maximum
occupancy of 48
individuals.

San Carlos 2 NE of
7th
11/15/2023 11/21/2023 Closed
23356 Design Study Evaluation of a CUPA 50
Lightweight American
Slate material in color
Gray for a new roof.

NW Corner of
Casanova & 9th
11/15/2023 In Review
Attachment 1
Page: 4 of 7
23355 Banners Installation of ten double
sided banners along
Ocean Ave from Junipero
to Monte Verde for the
Carmel Culinary Week.

Banners are authorized
to be installed 5/22/24 -
6/11/24.

Ocean from
Junipero to Monte
Verde
11/15/2023 11/15/2023 Approved
23354 Design Study Conversion of 246 sf of
existing floor area into
ADU along with a 41 sf
ADU addition. 60 sf 1st
floor addition, 375 sf 2nd
floor addition, 166 sf
deck expansion over the
existing garage and 148
sf 2nd floor deck.

Cassanova 3 se of
4th
11/14/2023 In Review
23353 Design Study REMODEL OF AN (E)

TWO STORY HOUSE

WITH AN ATTACHED
CARPORT. REPLACE (E)

EXTERIOR WOOD

WINDOWS & DOORS

WITH NEW ALUMINUM

CLAD WINDOWS &
DOORS. REPLACE (E)

ASPHALT ROLL ROOFING

WITH NEW PVC ROOF
MEMBRANE. REPLACE
(E) WALKWAYS &
PATIOS WITH NEW.

REPLACE (E) FRONT

YARD FENCE & GATE
WITH NEW 4'H WOOD
FENCE & GATE. EXTEND
(E) WOOD TRELLIS, ON

SIDE OF HOUSE, ALONG

FRONT ENTRY &
CARPORT. INSTALL NEW

EXTERIOR LIGHTING,

LANDSCAPE & GAS FIRE
PIT.
9TH AVENUE 2
N.W. OF CARMELO
ST.
11/14/2023 In Review
Attachment 1
Page: 5 of 7
23352 Temporary Use
Permit
**Authorization issued
under TEMP UP 23-357
(Barmel). See notes for
details.**
11/21/2023: "Approval.

This approval grants
extended hours of
operation for the Barmel
Supper Club (operating
as a full-line restaurant
under a Use Permit). The
approved closing time
has been extended from
11 pm on Wednesday,
November 22nd to 1 am
on Thursday, November
23rd. Four (4) additional
employees working and
one (1) additional
security person stationed
at the entrance to the
supper club for the
duration of these
extended hours. Supper
Club to be fully closed
and empty no later than
1:15 am. No live music.

Maximum occupancy of
48 individuals."
San Carlos 2 NE of
7th
11/15/2023 11/21/2023 Approved
23351 Notice of Exempt
Work
Roof repairs to the main
house, including:
resealing all roofing
pipes, installing screws at
all roofing jacks, painting
all metal roofing
components to match
existing composition
shingle roof, resealing
two roof windows, and
replacing glass in five
broken windows. Refer to
photos on file in the
Community Planning &
Building Department.
25987 Mission
Street
11/8/2023 11/9/2023 Approved
23350 Design Study Remove asphalt,
concrete walkway and
replace with Calstone
pavers in Antiquated
Cobble Oak Barrel Color,
354sf.

Crespi 6 SW of
Mountain View
11/15/2023 In Review
Attachment 1
Page: 6 of 7
23349 Design Study Revisions to permitted
exterior egress ramps
and walkways on the
north and south sides of
the building. Addition of
ADA compliant entrance
ramp and front entry
improvements on Monte
Verde Street side.

Between 8th and
9th Ave off Monte
Verde
11/7/2023 In Review
23348 Historic
Evaluation
Historic evaluation for
proposed Track 1 project
Santa Fe Street 2
SW of 4th Avenue
11/7/2023 In Review
23347 Design Review Minimize front door for
safety and security. Add
Maglock remote device to
(N) front door. All
finishes to match (E).

Ocean Avenue 2 NE
of San Carlos
11/28/2023 In Review
23346 Landscape Plan
Check/Inspection
Replacing ivy with Carmel
Creeper and indigenous
vegetation.

NE Corner 5th Ave
And Santa Rita
11/7/2023 In Review
23345 Temporary Use
Permit
Temporary Use Permit
authorization for The
Pocket restaurant to host
a fundraiser event in
conjunction with The
Food Bank of Monterey
County. The event is
authorized to take place
on Friday, December 8th
from the hours of 6pm to
10pm, with the property
hard closed at 10:30pm.

The event is to be
capped at 250 guests
and will be monitored by
volunteers from the Food
Bank. Two parking stalls
in front of The Pocket will
be reserved for the Food
Bank's trucks. All food
and alcohol consumption
will be kept to The
Pocket private premises.

A DJ will be present to
provide low level music
with no live music on the
property.

Lincoln 5 NE of 6th
Ave
11/7/2023 12/6/2023 In Review
23344 Design Study WINDOW & DOOR

REPLACEMENT,
GUARDRAIL & EXT.

LIGHTING

MODIFICATIONS
TORRES STREET 10
SW OF 10TH
11/7/2023 In Review
Attachment 1
Page: 7 of 7
23343 Historic
Evaluation
Historic Evaluation. SE Corner of
Dolores & 8th
11/6/2023 In Review
23342 Design Study A new 9'-6" X13.5' (128
sf) 2nd floor deck
expansion above an
existing wood deck.

San Carlos 2 NW of
3rd
11/3/2023 In Review
23341 Design Study This approval of Design
Study application DS 23-
341 (Fezell) authorizes
the installation of a hot
tub on the south side of
the garage behind a 5-
foot tall grape stake
fence located on Palou 2
southwest of 2nd Avenue
in the Single-Family
Residential (R-1) District
as depicted in the plans
stamped approved and
on file in the Community
Planning & Building
Department unless
modified by the
conditions of approval.

Palou 2SW of 2nd 11/3/2023 11/17/2023 Approved
23340 Landscape Plan
Check/Inspection
Our initial landscape plan
was done by a landscape
company that told us
that we could change the
plants and plan as we go
and that the city would
have no issue with it.

Obviously this was
incorrect and false
information. So, we have
redrawn our plan to fit
our homes lot and
reduced the plantings by
a lot while still setting
our yard up to become
beautiful.

Oak Knoll 3 NE of
Forest
11/2/2023 In Review
Total Records: 33 12/8/2023
Attachment 1
Page: 1 of 1
Business License Report
11/01/2023 - 11/30/2023
Entity # Application
Type
Business
Name
Business
Description
Location Date
Received
Date
Approved
Status
23067 Ownership
Change
Rise and
Roam Bakery
& Pizzeria
Bakery and
pizzeria
NE Corner of
7th Avenue &
Mission Street
11/6/2023 In Review
23066 New Business El Bistro By
Salt and
Pepper
Full-line
restaurant
Mission 2 SW
of 5th
11/20/2023 In Review
Total Records: 2 12/8/2023
Attachment 1
Page: 1 of 6
Building Permit Report
11/01/2023 - 11/30/2023
Permit
#
Date
Submitted
Date
Approved
Project Description Valuation Permit
Type
Property
Location
230566 12/1/2023 Existing retail cabinets to be
replaced with cabinets for
portable coffee bar equipment
and extend existing
water/sewage from previous
tenants.
15,000 Plumbing SW Corner
of Ocean
and
Mission
230565 12/1/2023 Repair and Restoration of
Existing Windows and Water
Damaged Framing at North and
South sides of Garage. All work
shall be done such that there
will be No changes to the
appearance of the Existing.

Interior and Exterior Materials
Shall Remain the Same as
Existing. There will be No
Change in the Floor Area, Areas
of Fenestration, Existing
Mechanical and Electrical
Systems nor Grading.

Replacing Existing Wood
Framing in Pony Walls where
necessary with Steel Stud
Framing in Same Location; ReInstallation of Existing Glass using powder-coated, metal
window frames to match
existing. Existing steel skylight
supports to Remain In Place;
Re-Installation of Existing Gas
Fireplace and wood shelving
units in same locations; and
replace existing electrical
outlets in repaired Pony Walls
with GFCI Outlets (per 2022
CEC) in same locations as
existing.
15,000 Building Torres 3 SE
of 3rd
230564 11/29/2023 11/30/2023 Remove & replace rail at two walls with new code compliant
guard rail.
0 Building NE Corner
of Lincoln
& Ocean
230563 11/29/2023 11/29/2023 Remove and replace 80k BTU furnace and move return air to
living room.
11,551 Mechanical NE Corner
of San
Carlos and
13th
Attachment 1
Page: 2 of 6
230562 11/29/2023 12/1/2023 Tear off old asphalt shingle roof and replace with new Owens
Corning asphalt roof in color
Driftwood.
20,000 Roofing Lopez 4 NE
of 4th
230561 11/29/2023 11/29/2023 Replace Flange and cast iron pipe leading down into one the
room below
1,100 Plumbing NE Corner
of Ocean &
Monte
Verde
230560 11/29/2023 Remove existing roof, install
new Landmark Pro 40-year
shingles in color Max Def Burnt
Sienna.
22,000 Roofing San Carlos
4 SE of 4th
230559 11/28/2023 Add electrical for hot tub. Hot
tub will be hose filled
1,500 Electrical Palou 2 SW
of 2nd
230558 11/27/2023 Remodel to an (e) 3-story SFD
with attached two-car garage
and new detached ADU.

Including site grading and
drainage.
1,750,000 Building San
Antonio 1
NW of 9th
230557 11/27/2023 12/6/2023 Remove (e) comp shingles on small area in front of house.

Install 30 year Malarkey
shingles in Slate Gray.
5,700 Roofing SW Corner
of Junipero
& 9th
230556 11/22/2023 Construction of a new 290 SF
JADU addition to an existing
1,352 sf single family residence.
135,000 Building Carpenter
3 NW of
3rd
230555 11/22/2023 11/22/2023 Tear off (e) wood shake roof system. Install waterproofing
and Davinci Multi Width Shake
in color Aged Cedar.
134,959 Roofing Palou 2 SW
of 2nd
230554 11/22/2023 11/22/2023 We propose to pr1) Remove
and dispose of existing unit. 2)
Install new Bryant 80% furnace
at existing location. 3) Tie into
existing supply plenum, gas,
thermostat and power. 4)
Install new filter box. 5) Install
programmable thermostat. 6)
Start up and test system.
5,383 Mechanical Ocean 2
SW of
Scenic
230553 11/20/2023 11/20/2023 Remove existing brown
composition shingles and
replace with new Malarkey
Legacy Comp brown shingles in
color Natural Wood.
26,940 Roofing Casanova 5
SE of 2nd
230552 11/20/2023 New accordion window, moving
existing door and replace two
windows.
30,000 Building 26245
Dolores
Attachment 1
Page: 3 of 6
230551 11/20/2023 11/27/2023 Replace rotten deck boards inkind. Explore for possible structural damage.
25,000 Building Monte
Verde 2
NW of
Ocean
230550 11/20/2023 11/20/2023 Replace existing wood Sierra Pacific glass french doors with a
new wood Sierra Pacific glass
sliding door. No sizing or
framing changes.
0 Exempt
Work
Camino
Real 2 NW
of 11th
230549 11/20/2023 Interior and exterior remodel of
an existing SFR with an
attached garage. New doors,
windows, two skylights,
plumbing, and electrical.

New/altered door and window
openings. New class A
composition roofing and sewer
lateral. No grading or
landscaping is proposed.
322,581 Building 2836 Santa
Lucia
230548 11/17/2023 Obtain permit to legalize
shower/tub installation that was
installed over 20 years ago with
no permit.
0 Building 9th 2 NE of
San
Antonio
230547 11/16/2023 11/16/2023 Remove (e) 100 amp panel and install (n) 200 amp panel in
same location.
2,000 Electrical SW Corner
of Monte
Verde &
3rd
230546 11/16/2023 Install Generac Model #7172
10,000 KW Back-Up Generator.
18,750 Mechanical Lopez 11
NW of 4th
230545 11/16/2023 11/28/2023 137 sf interior remodel of bathroom and kitchen.
15,000 Building Mission 3
SW of 4th
230544 11/15/2023 Installation of 25kW backup
generator.
5,000 Mechanical Crespi 3
SW of
Mountain
View
230543 11/15/2023 11/22/2023 Tear off (e) wood shake roof, install winterguard at all
penetrations and openings and
one layer of Diamond Deck over
roof deck. Install Landmark Pro
in color "Georgetown Gray".

Remove and replace gutter
system to match existing.
52,569 Roofing Ocean 2
NE of
Camino
Real
Attachment 1
Page: 4 of 6
230542 11/15/2023 Alterations to an existing
duplex. Unit #1: Remodel
existing laundry and bathroom,
add new window in shower.

Add 58 sf to east steps and
stone patio. Unit #2: 144sf
addition to replace roof deck
over existing garage with a new
kitchen, remove the existing
kitchen and remodel the
bathroom and relocate the
closets. Add 102 sf to west
deck and stairs. Replace one
window in the living room with
single hung door and one
window with a larger window.

Garage: add new 15sf storage
closet.
300,000 Building Casanova 2
NW of 7th
230541 11/15/2023 11/15/2023 This approval amends Design Study (DS 20-370, Caplin) and
authorizes the installation of
film to a skylight located on an
accessory building located at on
Camino Real 5 SW 13th in the
Single Family Residential (R-1)
District. This approval
authorizes the following to be
utilized for the film material:•
SOLYX SX3-314 Acid EtchThe
film shall be installed on all
portions of the glazing on the
subject skylight.
0 Exempt
Work
230540 Redo front yard landscape 60,000 Building Crespi 2 SW,
Mountain
View
230539 Replacing 1 existing skylight
with 2 smaller operable
skylights & adding 1 operable
skylight to guest bath
0 BP Revision Monterey
St 3 SW of
First AVE
230538 11/15/2023 12/6/2023 ROOF MOUNTED SOLAR PV
SYSTEM 4.050 kWp. 10 panels.
10,500 Electrical SW Corner
of Santa Fe
& 1st
230537 11/15/2023 Install 4.86kw(12 modules)
+13.5kwh Energy storage
system.
24,000 Electrical SE Corner
of Carmelo
& 13th
230536 11/15/2023 Rebuild existing balcony. 5,000 Building Santa Fe 3 NE of 4th
230535 11/13/2023 Replacement of an exterior stair
case to match existing details.
59,900 Building SW Corner
of Camino
Real & 8th
Attachment 1
Page: 5 of 6
230534 11/13/2023 11/16/2023 Remove existing composition shingles and install comp
shingles, 30 year Malarkey in
color "Silverwood".
22,300 Roofing Mission 7
SE of 8th
230533 11/13/2023 11/28/2023 Installation of new Valor G3 fireplace insert at existing
fireplace opening. Replace code
compliant gas line.
10,000 Plumbing NW Corner
of
Guadalupe
& 3rd
230532 11/9/2023 11/9/2023 Water heater replacement from 50-gallon water heater to
tankless water heater.
4,500 Plumbing Camino
Real 3 NW
of 11th
230531 11/9/2023 RETAIL TENANT

IMPROVEMENT, NO CHANGE

OF USE, NO STRUCTURAL
ALTERATIONS. ALL SCOPE IS
INTERIOR. NO CHANGE OF
FIRE/LIFE SAFETY. NO CHANGE
TO EXTERIOR OR SITE PLAN.
15,000 Building San Carlos
3 NE of 6th
230530 11/8/2023 11/28/2023 REMODEL TO RECONFIGURE

WINE CELLAR INTO EXPANDED
LAUNDRY ROOM. REMOVE

NON-PERMITTED WALL IN
GARAGE.
6,000 Building Guadalupe
3 NW of
6th
230529 11/8/2023 11/8/2023 REMOVE AND REPLACE 80K

BTU FURNACE
9,471 Mechanical Camino
Real 2 SW
of 4th
230528 11/7/2023 11/7/2023 Exterior paint to include walls, eaves, windows and door trim,
deck and fences. Interior walls,
windows, and doors trim to be
plastered and painted. Exterior
paint to be Farrow and Ball -
Mouse's Back #40 Flat, window
sash to be Fine Paints of
Europe - Black. Interior
walls/trim to be Benjamin
Moore - Swiss Coffee - Flat.
0 Exempt
Work
Scenic 5 SE
of 9th
230527 11/3/2023 Convert existing 208 sf guest
house into ADU with an
addition of 56sf
0 Building Carmelo 2
NE of 8th
230526 11/6/2023 11/28/2023 Add New Bryant
38MARBQ36AA3 heat pump to
existing furnace in air
conditioning only mode.
11,071 Mechanical Lincoln 2
SW of 8th
230525 11/6/2023 11/15/2023 Tear off one layer of shake roof. Install Premium Heavy
Shake
58,000 Roofing 25955
Junipero
Avenue
230524 11/6/2023 11/6/2023 Paint exterior of house the
same color as existing paint.
0 Exempt
Work
Scenic 5 SE
of 10th
Attachment 1
Page: 6 of 6
230523 11/6/2023 Tenant Improvement - update
interior with new recessed
lighting, sand and refinish
existing wood flooring, revise
interior door - see accessible
upgrades for notes.
30,000 Building SW Corner
of Ocean &
Dolores
230522 11/3/2023 11/8/2023 Exploratory demolition of
openings on both levels.
5,000 Demolition Carmel
Plaza, Suite
115
230521 11/3/2023 Interior remodel only of existing
residential condominium: new
plumbing fixtures, electrical,
lighting, and cabinets
275,000 Building NE corner
of San
Carlos &
8th
230520 revision to EP 23-324 0 Building 4910
Monterey
St
230519 11/3/2023 Removal of 17SF from existing
main level, replace existing
fireplace. New 222 SF garage
addition; 183 SF addition to
existing upper level. Add first
story west-facing dormer, and
two second story west-facing
dormers.
300,000 Building Carmelo 2
NE of 8th
230518 11/1/2023 11/28/2023 INSTALLATION OF A 26KW

KHOLER ALL HOME
GENERATOR WITH A 200AMP
TRANSFER SWITCH.
15,000 Electrical NE Corner
of Dolores
& 3rd
230517 11/1/2023 11/20/2023 SHOWER SUPPLY LINE REPAIR

AND TILE REPLACEMENT
3,000 Plumbing SE Corner
of Camino
Real & 9th
230516 11/1/2023 Rear and side yard
improvements, deck expansion,
new outdoor kitchen, a new hot
tub, fencing, gates, and
artificial turf.
35,000 Building Torres 2
NE of 5th
230515 11/1/2023 11/1/2023 Replacing and repairing broken posts and pickets in kind with
white cedar.
0 Exempt
Work
Camino
Real 2 NE
of 4th
230203 5/8/2023 5/10/2023 Remove (e) shake roof and
replace with new CertainTeed
Landmark TL comp shingles in
color Country Gray.
33,000 Roofing Guadalupe
2 NE of 4th
Total Records: 53 12/8/2023
Attachment 1
Page: 1 of 2
Code Compliance Report
11/01/2023 - 11/30/2023
Case # Case Date Status Location Problem
Description
Date
Received
Date Closed
23220 11/24/2023 1st NOV sent SEC Perry
Newberry and
4th
Transient
Rental
11/24/2023
23219 11/17/2023 Closed Carmelo 4 SE
of 2nd
Wood
burning
11/17/2023 11/24/2023
23218 11/27/2023 Closed SWC Trail
View and
Acacia
Cutting tree
roots
11/27/2023 12/1/2023
23217 11/20/2023 Closed Lopez 8 NE of
4th
Transient
Rental
11/20/2023 11/27/2023
23216 11/14/2023 1st NOV sent Lincoln 5 SE
of 4th
Transient
Rental
11/14/2023
23215 11/15/2023 Open Monte Verde
3 NE of 8th
Landscape
lighting
11/15/2023
23214 11/13/2023 Closed SWC Ocean
and Lincoln
Railing
construction
11/13/2023 11/13/2023
23213 11/14/2023 1st NOV sent Casanova 3
SE of 9th
Transient
Rental
11/14/2023
23212 11/14/2023 Closed 5 Sand & Sea Transient
Rental
11/14/2023 12/1/2023
23211 11/8/2023 Closed Carmel Plaza Exterior
signage
11/7/2023 11/8/2023
23210 11/6/2023 Closed Ridgewood 2
NE of
Junipero
Construction
without a
permit
11/6/2023 11/7/2023
23209 11/6/2023 Open 25990
Junipero
Hardscape
without a
permit
11/6/2023
23208 11/6/2023 Closed San Carlos
NE of 13th
Construction
without a
permit
11/6/2023 11/7/2023
23207 11/3/2023 Open SWC 6th and
Mission
Expired
business
license
11/3/2023
23206 11/3/2023 Open NEC San
Antonio and
13th
Operating
without a
license
11/3/2023
23205 11/1/2023 Closed San Carlos N
Camino Del
Monte
Gas Leaf
Blower
11/1/2023 11/3/2023
Attachment 1
Page: 2 of 2
23193 11/9/2023 Open Crespi 2 SW
of Mt. View
Site coverage
and electrical
work without
permit
11/9/2023
23192 11/8/2023 Open Monte Verde
3 NW of 3rd
Driveway
construction
11/8/2023
23191 11/7/2023 Open SEC
Casanova and
4th
Site coverage 11/7/2023
Total Records: 19 12/8/2023
Attachment 1
Page: 1 of 2
Transient Rental Report
01/01/2023 - 11/30/2023
Case # Street Status Date Received Last Status
Date
Date Closed
23220 Perry Newberry 1st NOV sent 11/24/2023 11/27/2023 23217 Lopez Closed 11/20/2023 11/27/2023 11/27/2023
23216 Lincoln 1st NOV sent 11/14/2023 11/17/2023
23213 Casanova 1st NOV sent 11/14/2023 11/15/2023
23212 San Antonio Closed 11/14/2023 12/1/2023 12/1/2023 23198 Mission Closed 10/24/2023 10/24/2023 10/24/2023
23194 Casanova 1st NOV sent 10/17/2023 11/15/2023
23189 San Antonio 1st NOV sent 10/13/2023 11/15/2023
23173 Mountain View Potential STR
identified
9/16/2023 11/6/2023
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 Closed 8/17/2023 11/1/2023 11/1/2023
23109 13th Closed 7/28/2023 11/14/2023 11/14/2023
23107 13th Closed 7/28/2023 8/16/2023 8/16/2023
23104 Santa Fe Closed 7/21/2023 9/29/2023 11/15/2023
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
Attachment 1
Page: 2 of 2
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: 35 12/6/2023
Attachment 1
Page: 1 of 3
Encroachment Permit Report
11/01/2023 - 11/30/2023
Permit
#
Permit
Type
Date
Submitted
Project Description Property
Location
Date
Issued
Status
230261 Temp
Ench
11/30/2023 Install scaffolding along the length of the
building along 6th avenue sidewalk in
order to remove brick facade, install new
windows, apply new stucco, and paint the
building. Include debris dumpster for
limited days.

SW
Corner of
Mission &
6th
12/6/2023 Issued
230260 Temp
Ench
4/26/2023 Applicant to trench, backfill & install
electric substructures. PG&E to remove
existing overhead service, install
underground service conductor, replace
pole, install TPX and remove secondary
conductor. Tree trimming required. PM#
35420138. Contact: PG&E (408) 478-1894
Lincoln 2
NW of
13th
4/28/2023 Issued
230259 Temp
Ench
11/29/2023 Replace sewer lateral using pipe bursting. SE Corner of
Dolores &
8th
11/29/2023 Issued
230258 Temp
Ench
11/27/2023 Replace sewer lateral using pipe bursting. Lincoln 2 SW of
Ocean
11/29/2023 Issued
230257 Temp
Ench
11/22/2023 PG&E to install underground service,
replace pole, and replace overhead
transformer. PM# 35436539
NW
Corner of
San
Carlos &
10th
In Review
230256 Temp
Ench
11/20/2023 PG&E to install 144' of 350 tpx secondary
from existing #2 box to new #2 box.

PG&E to pull in 58' of tpx from new #2
box to panel. PM# 35402863.

Lincoln 5
SW of
10th
11/22/2023 Issued
230255 Temp
Ench
11/20/2023 Sawcut and remove a section of the
sidewalk. Exavate and remove the carmel
trap, provide and install a two-way cleanout and backwater valve, backfill all and repour the area of concrete removed to
perform the work.

San
Carlos 3
SE of 5th
11/28/2023 Issued
230254 Temp
Ench
11/17/2023 PG&E to install riser and underground
service cable. PM# 35392301
11th 2
NW of
Dolores
12/6/2023 Approved
230253 Temp
Ench
11/17/2023 Dig 5'x5' bellhole on Dolores, pull
approximately 80' of SDR17 from pothole
to pothole and tie into the City main.

SE
Corner of
Dolores &
12th
11/22/2023 Issued
Attachment 1
Page: 2 of 3
230252 Temp
Ench
11/17/2023 Loading of demolition debris into trailer
and loading/unloading materials and
equipment.

Ocean 2
SW of
San
Carlos
In Review
230251 Driveway 11/17/2023 Replace existing asphalt driveway with sand set stone pavers from face of new
garage to minimum 3' wide asphalt apron
at edge of Monte Verde St.

Monte
Verde 3
SE of
11th
In Review
230250 Temp
Ench
11/16/2023 Closure of three parking spaces and
encroachment into the City sidewalk for
pop-up restaurant for Toasted to serve at
the Homecrafters art faire.

SW
Corner of
San
Carlos &
9th
11/17/2023 Issued
230249 Temp
Ench
11/15/2023 Applicant to trench, backfill and install
electric substructures. PG&E to replace
overhead transformer and install
underground service. PM# 35463208
Carmelo
4 NW of
Ocean
11/22/2023 Issued
230248 Temp
Ench
11/15/2023 PG&E to trench and backfill a 5'x5'
bellhole and abandon existing gas service.

PM# 35424974.

Carmelo
2 SW of
11th
11/15/2023 Issued
230247 Temp
Ench
11/15/2023 Applicant to trench, backfill, and install
electric substructures. PG&E to install
underground electric service. PM#
35407233.

Mission 4
NE of
10th
11/22/2023 Issued
230246 Temp
Ench
11/15/2023 PG&E to trench and backfill a 5'x5'
bellhole, PG&E to abandon existing gas
service. PM# 35478138
Carmelo
2 NW of
12th
11/15/2023 Issued
230245 Driveway 11/13/2023 Replace existing impermeable paver driveway with sand set permeable paver
stripes, reusing existing apron.

San
Carlos 7
SW of
13th
11/22/2023 Issued
230244 Driveway 11/13/2023 Replace existing asphalt driveway with new paver driveway not to exceed 14' in
width and have a 3' asphalt connection to
the right of way.

Monte
Verde 5
SW of
2nd
11/17/2023 Issued
230243 Temp
Ench
11/9/2023 Replace sewer lateral using pipe bursting. Mountain View 2
NE of
Santa Fe
11/15/2023 Issued
230242 Perm
Ench
11/8/2023 Kindly request permssion to place
permeable pavers in right of way
Camino
Real 3
NW of
8th
In Review
230241 Temp
Ench
11/3/2023 Replace waste line from cleanout,
approximately 80' long. Install new
cleanout and backwater valve.
2984
Santa
Lucia
11/3/2023 Issued
Attachment 1
Page: 3 of 3
230240 Temp
Ench
11/1/2023 REPLACE 50' OF 4" SEWER DRAIN 9'
DEEP IN THE STREET. WILL INSTALL 2

WAY CLEAN OUT AND BACK WATER
VALVE
Casanova
3 SW of
8th
11/3/2023 Closed
Total Records: 22 12/8/2023
Attachment 1
Page: 1 of 2
Tree Permit Report
11/01/2023 - 11/30/2023
Permit
#
Permit
Date
Permit
Type
Location of
Property
Description Status Approved
Date
23342 11/1/2023 Tree
Evaluation
11 Vizcaino SW
Mountain View
Tree inspection and
opinion
23343 11/3/2023 Tree Torres 2 NW of
1st
URGENT: PRUNING - One
(1) limb, approx. 20" in
diameter.

Approved 11/13/2023
23344 11/3/2023 Tree Casanova Street
2 SE of 13th
REMOVE: One (1)
mature, diseased Oak
tree with fungus on tree
trunk. Very large.
23345 11/3/2023 Tree Santa Fe 4 SW
of 8th
REMOVE: One (1) large
Monterey Pine leaning
toward the house.

In
Review
23346 11/6/2023 Tree Dolores 3 NE of
9th
REMOVE: One (1) large,
dead Oak and one (1)
smaller dead Oak, verified
by Justin Ono.

Approved 11/9/2023
23347 11/6/2023 Tree NW Corner of
Junipero & 10th
Remove dead tree In
Review
23348 11/15/2023 Tree Mission 3 NW of
8th
Pruning of three city trees
on Mission St. Limbs are
touching building and
branches making
pedestrian travel difficult.

Approved 11/29/2023
23349 11/15/2023 Tree San Antonio 1
SW of 7th
Trim 20" DBH cypress city
tree to be pruned.

In
Review
23350 11/15/2023 Tree Camino Real 4
SE of Ocean
Removal of one double
sparred oak tree on the
left side of the driveway.

DBH 18" and 20" 2
trunks.

In
Review
23351 11/17/2023 Tree 8th 2 SW of
Mountain View
Remove 15" oak spar
touching the eves on the
right side of the house.

In
Review
23352 11/17/2023 Tree Casanova 3 SW
of 8th
REMOVE: One cedar tree
on the City side of the
property line.

In
Review
23353 11/17/2023 Tree Lincoln 5 SW of
10th
Removal of four pine
trees and grind stumps.

In
Review
23354 11/21/2023 Tree 2922 Santa
Lucia
REMOVAL: One (1)
Cypress tree; very large;
Denied
Attachment 1
Page: 2 of 2
in front of house;
attached to PG&E pole.
23355 11/22/2023 Tree Guadalupe 3
NW of 3rd
EVALUATION TE 23-316
(Crapo). REMOVAL: One
(1) Monterey Pine trees
on private property.

Approved 11/22/2023
23356 11/22/2023 Tree w/
Construction
Ocean Avenue 4
NE of
Guadalupe
REMOVAL: One (1) Coast
Live Oak, Tree #3 from
Tree Evaluation
Worksheet.

In
Review
23357 11/30/2023 Tree
Evaluation
Torres 3 NW of
8th Avenue
EVALUATION: All trees on
lot, one additional dead
tree and limbs on tree to
the west.
**NOTE**Please call, so
owner may be present
during the evaluation.

In
Review
23358 11/30/2023 Tree Scenic 3 NE of
13th
PRUNING: REQUESTING

PRUNING OF TWO

CYPRESS TREES -
APPROXIMATELY 5 LIMBS
IN EACH. TREE SIZES
ARE 36" DIAMETER.

In
Review
23359 11/30/2023 Tree SW Corner of
Ocean Avenue
and Dolores
Street
PRUNING: Six (6)
medium size limbs off City
tree. Please reference
photo.
23360 11/30/2023 Tree NE Corner of
San Antonio &
8TH ST
Trim & Sculpt Cypress
Tree. PRUNING: 2
Cypress Trees , each with
a ~15" dia. limb.

Both are on private
property.

Total Records: 19 12/8/2023
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
November 2023

AMBULANCE REPORT
Summary of Carmel Fire Ambulance November 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 November 2023, the ambulance was unable to meet the performance measure. The response time was 87% with (7) code-3 calls over 5 minutes.
56 Calls for service in CBTS Average response time: 3:13 min. 53 Code 3 calls for service –Seven calls over 5:00 min. 11/30/2023- Monte Vede & 12th – Response Time 5:10 min - Did not hit the on-scene button. 11/28/2023- 1st Ave & Dolores- Response Time 5:15 min- Did not hit the on-scene button. 11/25/2023- Junipero & 3rd – Response Time 5:17 min- Did not hit the on-scene button. 11/1/2023- Lobos & 4th -Response Time 5:27 min- Did not hit the on-scene button. 11/5/2023 – Ocean & Scenic – Response Time 5:47 min- Unable to locate upon arrival. 11/2/2023- Ladera Dr. – Response Time 6:30 min- Did not hit the on-scene button. 11/24/2023- 5th & Guadalupe – Response Time 5:26 min- Did not hit the on-scene button.

MONTEREY FIRE REPORT
Summary of Monterey Fire November 2023 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 95%. For the month of November 2023, the fire department was unable to meet the performance measure. The response time was 94% with (4) code-3 calls over 5 minutes.

TO: Honorable Mayor and City Council Members
SUBMITTED BY: Paul Tomasi, Director of Public Safety
APPROVED BY: Chip Rerig, City Administrator
Attachment 2
*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%.
73 total calls for service in CBTS Average response time: 3:26 min. 63 total Code-3 calls – Four calls with a response time over 5:00 min. 11/1/2023- Lobos & 4th Ave- Response Time 5:27 min- Did not push on scene button. 11/2/2023 – Ladera & Rio- Response Time 6:22 min- Delay due to distance. 11/10/2023- Monterey St- Response Time 5:46 min- Did not push on scene button. 11/2/2023-Monte Verde & 7th -Response Time 5:03 min.- Did not push on scene button.

BEACH FIRES
There were 0 illegal beach fires recorded during the month of November, except one after hours propane fire.

Attachment 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Medical assist, assist EMS crew 11/1/2023 1:38 PM 231101-MNT08398 0:02:28 MISSION ST 7TH AVE 3 Medical assist, assist EMS crew 11/7/2023 1:29 PM 231107-MNT08574 0:03:00 LINCOLN ST 8TH AVE 3 Medical assist, assist EMS crew 11/14/2023 1:29 PM 231114-MNT08808 0:03:03 SAN ANTONIO AVE 8TH AVE 3 Medical assist, assist EMS crew 11/14/2023 7:42 PM 231114-MNT08821 0:03:14 4TH AVE SAN CARLOS ST 3 Medical assist, assist EMS crew 11/19/2023 4:07 PM 231119-MNT08953 0:03:23 FOREST RD 8TH AVE 3 Medical assist, assist EMS crew 11/18/2023 7:04 PM 231118-MNT08930 0:03:30 OCEAN AVE MONTE VERDE ST 3 Medical assist, assist EMS crew 11/1/2023 12:43 AM 231101-MNT08383 0:05:27 LOBOS ST 4TH AVE 3 Medical assist, assist EMS crew 11/2/2023 6:35 AM 231102-MNT08413 0:06:22 26345 LADERA DR 3 Medical assist, assist EMS crew 11/24/2023 2:07 PM 231124-MNT09074 0:07:38 11TH AVE TORRES ST 2 EMS call, excluding vehicle accident with injury 11/3/2023 6:50 PM 231103-MNT08474 0:01:39 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 11/3/2023 12:51 PM 231103-MNT08461 0:01:49 5TH AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 11/23/2023 12:55 PM 231123-MNT09046 0:02:00 SAN CARLOS ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 11/21/2023 2:25 PM 231121-MNT08999 0:02:12 MONTE VERDE ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 11/3/2023 10:12 AM 231103-MNT08452 0:02:43 CASANOVA ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/10/2023 6:49 AM 231110-MNT08674 0:02:56 SAN CARLOS ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 11/10/2023 5:40 PM 231110-MNT08693 0:03:05 SAN ANTONIO AVE 7TH AVE 3 EMS call, excluding vehicle accident with injury 11/3/2023 7:20 PM 231103-MNT08477 0:03:13 TORRES ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/5/2023 11:47 AM 231105-MNT08515 0:03:13 OCEAN AVE SCENIC RD 3 EMS call, excluding vehicle accident with injury 11/15/2023 9:21 PM 231115-MNT08858 0:03:19 MONTE VERDE ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 11/6/2023 12:06 PM 231106-MNT08544 0:03:36 SCENIC RD 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/11/2023 11:51 AM 231111-MNT08713 0:03:38 OCEAN AVE SCENIC RD 3 EMS call, excluding vehicle accident with injury 11/9/2023 8:03 PM 231109-MNT08664 0:03:46 JUNIPERO AVE 10TH AVE 3 EMS call, excluding vehicle accident with injury 11/14/2023 8:19 PM 231114-MNT08823 0:03:46 LINCOLN ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 11/24/2023 9:22 AM 231124-MNT09063 0:04:00 SAN ANTONIO AVE NW CORNER OF 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/24/2023 12:47 PM 231124-MNT09070 0:04:00 OCEAN AVE DEL MAR AVE 3 EMS call, excluding vehicle accident with injury 11/9/2023 11:00 PM 231109-MNT08668 0:04:02 LOBOS ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 11/13/2023 8:06 PM 231113-MNT08791 0:04:25 CARMELO ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 11/23/2023 11:47 PM 231123-MNT09055 0:04:30 CAMINO REAL AVE 2 SE OF 13TH 3 EMS call, excluding vehicle accident with injury 11/25/2023 12:18 AM 231125-MNT09083 0:04:30 NE CORNER OF JUNIPERO AND 3RD AVE 3 EMS call, excluding vehicle accident with injury 11/6/2023 4:39 PM 231106-MNT08549 0:04:34 SCENIC RD SANTA LUCIA AVE 3 EMS call, excluding vehicle accident with injury 11/13/2023 12:39 PM 231113-MNT08777 0:04:42 13TH AVE CARMELO ST 3

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 11/01/2023 To: 11/30/2023
300-321 Series (EMS)
23 11 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS) 300-321 Series (EMS) cont.

EMS call, excluding vehicle accident with injury 11/24/2023 12:44 AM 231124-MNT09066 0:04:45 11TH AVE 2 NE OF TORRES 3 EMS call, excluding vehicle accident with injury 11/30/2023 3:10 AM 231130-MNT09216 0:04:53 MONTE VERDE ST 12TH AVE 3 33 0:03:44
322-399 Series (Rescues)
Search for person in water 11/2/2023 6:18 PM 231102-MNT08436 0:02:41 SCENIC RD 9TH AVE 3 1 0:02:41
Gas leak (natural gas or LPG) 11/21/2023 6:18 PM 231121-MNT09003 0:00:01 SCENIC RD 11TH AVE 3 Gas leak (natural gas or LPG) 11/21/2023 5:06 PM 231121-MNT09001 0:01:53 CASANOVA ST 13TH AVE 3 Gas leak (natural gas or LPG) 11/24/2023 1:12 PM 231124-MNT09071 0:03:00 SANTA RITA ST 6TH AVE 3 Gas leak (natural gas or LPG) 11/21/2023 6:58 AM 231121-MNT08988 0:03:13 SAN CARLOS ST OCEAN AVE 3 Gas leak (natural gas or LPG) 11/27/2023 7:27 AM 231127-MNT09132 0:03:39 GUADALUPE ST 6TH AVE 3 Gas leak (natural gas or LPG) 11/24/2023 5:11 PM 231124-MNT09078 0:04:15 5TH AVE GUADALUPE ST 3 Breakdown of light ballast 11/3/2023 12:42 PM 231103-MNT08460 0:02:08 OCEAN AVE SAN CARLOS ST 3 Arcing, shorted electrical equipment 11/3/2023 4:09 PM 231103-MNT08468 0:03:32 MISSION ST 7TH AVE 3 Accident, potential accident, other 11/24/2023 9:13 AM 231124-MNT09061 0:04:30 ALTA AVE MISSION ST 2 9 0:02:55
500 & 600 Series (Service Calls)
Person in distress, other 11/29/2023 1:23 AM 231129-MNT09198 0:06:42 MISSION ST 10TH AVE 2 Water or steam leak 11/11/2023 9:21 PM 231111-MNT08725 0:00:23 LOBOS ST 4TH AVE 2 Water or steam leak 11/14/2023 6:01 AM 231114-MNT08797 0:03:48 JUNIPERO AVE OCEAN AVE 3 Water or steam leak 11/4/2023 9:49 AM 231104-MNT08493 0:05:47 SCENIC RD MARTIN WAY 2 Water or steam leak 11/4/2023 5:54 PM 231104-MNT08505 0:09:11 MARTIN WAY SCENIC RD 2 Smoke or odor removal 11/12/2023 11:02 AM 231112-MNT08741 0:02:05 DOLORES ST 7TH AVE 3 Smoke or odor removal 11/12/2023 2:45 PM 231112-MNT08748 0:03:20 DOLORES ST OCEAN AVE 3 Animal rescue 11/5/2023 2:20 PM 231105-MNT08520 0:04:00 MOUNTAIN VIEW AVE FOREST RD 2 Public service 11/16/2023 7:28 AM 231116-MNT08862 0:02:44 OCEAN AVE FOREST RD 3 Public service 11/28/2023 4:23 PM 231128-MNT09183 0:03:51 11TH AVE TORRES ST 3 Public service 11/28/2023 3:00 AM 231128-MNT09166 0:04:26 1ST AVE DOLORES ST 3 Public service 11/6/2023 6:55 PM 231106-MNT08554 0:04:38 SAN ANTONIO AVE OCEAN AVE 2 Public service 11/19/2023 2:08 AM 231119-MNT08941 0:05:18 MONTE VERDE ST 7TH AVE 2 Assist invalid 11/6/2023 8:50 AM 231106-MNT08536 0:02:59 LINCOLN ST 11TH AVE 3 Assist invalid 11/16/2023 9:26 PM 231116-MNT08887 0:03:44 CASANOVA ST 8TH AVE 3 Dispatched & canceled en route 11/29/2023 2:53 PM 231129-MNT09211 0:00:57 DOLORES ST 5TH AVE 3 Dispatched & canceled en route 11/16/2023 10:32 AM 231116-MNT08867 0:03:30 DOLORES ST 5TH AVE 3 No incident found on arrival at dispatch address 11/13/2023 4:54 PM 231113-MNT08782 0:01:37 SAN CARLOS ST OCEAN AVE 3 No incident found on arrival at dispatch address 11/18/2023 10:20 AM 231118-MNT08922 0:02:28 DOLORES ST 7TH AVE 3 400 Series (Hazardous Material)
23 11 Carmel Fire Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS) 500 & 600 Series (Service Calls) cont.

No incident found on arrival at dispatch address 11/29/2023 2:04 PM 231129-MNT09209 0:02:45 TORRES ST 6TH AVE 3 No incident found on arrival at dispatch address 11/10/2023 4:09 PM 231110-MNT08689 0:03:00 SANTA RITA ST 6TH AVE 3 No incident found on arrival at dispatch address 11/14/2023 1:59 PM 231114-MNT08809 0:04:37 LOPEZ AVE 2ND AVE 3 No incident found on arrival at dispatch address 11/10/2023 2:43 PM 231110-MNT08684 0:05:46 5104 MONTEREY ST 3 EMS call, party transported by non-fire agency 11/4/2023 3:10 PM 231104-MNT08499 0:02:20 JUNIPERO AVE 4TH AVE 3 HazMat release investigation w/no HazMat 11/14/2023 10:32 AM 231114-MNT08801 0:04:47 JUNIPERO AVE 1ST AVE 3 25 0:03:47
Alarm system sounded due to malfunction 11/24/2023 9:49 AM 231124-MNT09065 0:04:00 SW CORNER OF MISSION AND 7TH 2 Alarm system sounded due to malfunction 11/17/2023 2:30 AM 231117-MNT08892 0:04:59 10TH AVE CASANOVA ST 3 Alarm system activation, no fire - unintentional 11/2/2023 8:08 AM 231102-MNT08414 0:05:03 MONTE VERDE ST 7TH AVE 3 Carbon monoxide detector activation, no CO 11/7/2023 9:48 PM 231107-MNT08588 0:02:44 SAN CARLOS ST 6TH AVE 3 Carbon monoxide detector activation, no CO 11/7/2023 11:31 PM 231107-MNT08589 0:03:40 MONTE VERDE ST 13TH AVE 3 5 0:04:05
Code 2 Calls 10
Code 3 Calls 63
73 94%
231107-MNT08589 Did not push on scene button
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
231101-MNT08383 Did not push on scene button
231102-MNT08413 Delay due to distance
231110-MNT08684 Did not push on scene button
700 Series (False Alarms)
23 11 Carmel Fire Activity Report.xlsx 3
Type of Call Number Average Response Time
Fire 0 0:00
EMS 33 3:44
Rescue 1 2:41
Hazardous Condition 9 2:55
Service Calls 25 3:47
Severe Weather 0 0:00
False Call 5 4:05
Total Responses 73 3:26
Total Code 3 Calls: 63
Response Times for Code 3
Calls ≤ 5 minutes: 94%

CARMEL-BY-THE-SEA
NOVEMBER 2023
Response Summary Report by Incident Type
Fire
0%
EMS
45%
Rescue
2% Hazardous Condition
12%
Service Calls
34%
Severe
Weather
0%
False Call
7%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\Carmel Monthly Response Report\23 11 Carmel Fire Response Summary.xlsx 12/13/2023 Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
EMS call, excluding vehicle accident with injury 11/29/2023 231129-CFA01515 00:00:28 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 11/16/2023 231116-CFA01466 00:00:44 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 11/18/2023 231118-CFA01476 00:01:13 OCEAN AVE MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 11/19/2023 231119-CFA01481 00:01:48 MISSION ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 11/1/2023 231101-CFA01391 00:02:10 MISSION ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 11/3/2023 231103-CFA01403 00:02:15 5TH AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 11/19/2023 231119-CFA01480 00:02:31 FOREST RD 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/10/2023 231110-CFA01432 00:02:49 SAN ANTONIO AVE 7TH AVE 3 EMS call, excluding vehicle accident with injury 11/4/2023 231104-CFA01409 00:02:50 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 11/9/2023 231109-CFA01421 00:02:52 JUNIPERO AVE 10TH AVE 3 EMS call, excluding vehicle accident with injury 11/14/2023 231114-CFA01456 00:02:52 LINCOLN ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 11/2/2023 231102-CFA01397 00:02:53 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 11/3/2023 231103-CFA01401 00:02:53 CASANOVA ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01446 00:02:54 CARMELO ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 11/24/2023 231124-CFA01498 00:02:54 SAN CARLOS ST SANTA LUCIA AVE 3 EMS call, excluding vehicle accident with injury 11/21/2023 231121-CFA01490 00:03:00 ESCOLLE WAY PERRY NEWBERRY WAY 3 EMS call, excluding vehicle accident with injury 11/10/2023 231110-CFA01424 00:03:01 SAN CARLOS ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 11/7/2023 231107-CFA01417 00:03:02 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/14/2023 231114-CFA01451 00:03:03 SAN ANTONIO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/15/2023 231115-CFA01463 00:03:23 MONTE VERDE ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 11/26/2023 231126-CFA01507 00:03:32 CARMEL WAY 2ND AVE 3 EMS call, excluding vehicle accident with injury 11/16/2023 231116-CFA01464 00:03:40 OCEAN AVE FOREST RD 3 EMS call, excluding vehicle accident with injury 11/21/2023 231121-CFA01488 00:03:53 MONTE VERDE ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 11/16/2023 231116-CFA01468 00:03:55 CASANOVA ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/24/2023 231124-CFA01495 00:04:00 SAN ANTONIO 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/9/2023 231109-CFA01422 00:04:01 LOBOS ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 11/30/2023 231130-CFA01518 00:05:10 MONTE VERDE ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 11/28/2023 231128-CFA01510 00:05:15 1ST AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 11/25/2023 231125-CFA01501 00:05:17 3RD AVE JUNIPERO AVE 3 EMS call, excluding vehicle accident with injury 11/1/2023 231101-CFA01388 00:05:27 LOBOS ST 2NW OF 4TH 3 EMS call, excluding vehicle accident with injury 11/29/2023 231129-CFA01513 00:05:34 MISSION ST 10TH AVE 2 EMS call, excluding vehicle accident with injury 11/5/2023 231105-CFA01411 00:05:47 OCEAN AVE SCENIC RD 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 11/01/2023 To: 11/30/2023
23 11 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS) cont.

EMS call, excluding vehicle accident with injury 11/2/2023 231102-CFA01396 00:06:30 26345 LADERA DR 3 33 0:03:23
322-399 Series (Rescues)
Motor vehicle/pedestrian accident (MV Ped) 11/6/2023 231106-CFA01414 00:03:31 SCENIC RD SANTA LUCIA AVE 3 Motor vehicle accident with no injuries. 11/14/2023 231114-CFA01452 00:01:53 JUNIPERO AVE 4TH AVE 3 Search for person in water 11/2/2023 231102-CFA01399 00:02:22 SCENIC RD 9TH AVE 3 3 0:02:35
400 Series (Hazardous Material)
Hazardous condition, other 11/10/2023 231110-CFA01430 00:01:39 SANTA RITA ST 6TH AVE 3 Hazardous condition, other 11/28/2023 231128-CFA01511 00:04:02 11TH AVE TORRES ST 3 Hazardous condition, other 11/27/2023 231127-CFA01508 00:04:05 GUADALUPE ST 6TH AVE 3 Hazardous condition, other 11/14/2023 231114-CFA01450 00:04:23 JUNIPERO AVE 1ST AVE 3 Hazardous condition, other 11/24/2023 231124-CFA01494 00:05:00 MISSION ST ALTA 3 Gas leak (natural gas or LPG) 11/29/2023 231129-CFA01514 00:03:00 TORRES ST 6TH AVE 3 Gas leak (natural gas or LPG) 11/10/2023 231110-CFA01429 00:04:34 5104 MONTEREY ST 3 Gas leak (natural gas or LPG) 11/21/2023 231121-CFA01489 00:04:36 CASANOVA ST 13TH AVE 3 Gas leak (natural gas or LPG) 11/24/2023 231124-CFA01499 00:05:26 5TH AVE GUADALUPE ST 3 Electrical wiring/equipment problem, other 11/10/2023 231110-CFA01427 00:02:12 LINCOLN ST 5TH AVE 3 Electrical wiring/equipment problem, other 11/3/2023 231103-CFA01402 00:02:16 OCEAN AVE SAN CARLOS ST 3 Electrical wiring/equipment problem, other 11/3/2023 231103-CFA01405 00:03:04 MISSION ST 7TH AVE 3 12 0:03:41
500 & 600 Series (Service Calls)
Water or steam leak 11/14/2023 231114-CFA01449 00:03:15 JUNIPERO AVE OCEAN AVE 3 Water or steam leak 11/11/2023 231111-CFA01434 00:04:34 LOBOS ST 4TH AVE 3 Water or steam leak 11/4/2023 231104-CFA01407 00:08:28 SCENIC RD MARTIN WAY 2 Assist invalid 11/14/2023 231114-CFA01455 00:01:46 4TH AVE SAN CARLOS ST 3 Assist invalid 11/6/2023 231106-CFA01413 00:03:05 LINCOLN ST 11TH AVE 2 Assist invalid 11/24/2023 231124-CFA01497 00:03:50 11TH AVE TORRES ST 3 6 0:04:10
700 Series (False Alarms)
False alarm or false call, other 11/18/2023 231118-CFA01473 00:01:47 DOLORES ST 7TH AVE 3 False alarm or false call, other 11/7/2023 231107-CFA01418 00:02:49 SAN CARLOS ST 6TH AVE 3 2 0:02:18
Code 2 Calls 3
Code 3 Calls 53
56 87%
231101-CFA01388 Did not hit the on scene button Total Average Response Time 0:03:13 Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
231130-CFA01518 Did not hit the on scene button
231128-CFA01510 Did not hit the on scene button
231125-CFA01501 Did not hit the on scene button
23 11 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
231105-CFA01411 Unable to locate upon arrival
231102-CFA01396 Did not hit the on scene button
231125-CFA01499 Did not hit the on scene button
23 11 CFA Activity Report.xlsx 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority

CARMEL HIGHLAND
EMS call, excluding vehicle accident with injury 11/10/2023 231110-CFA01431 00:09:03 73 FERN CANYON RD 3 Water & ice-related rescue, other 11/15/2023 231115-CFA01459 00:13:07 YANKEE POINT DR CARMEL RIVIERA DR 3 2 0:11:05

CARMEL VALLEY
EMS call, excluding vehicle accident with injury 11/16/2023 231116-CFA01467 00:11:56 8545 CARMEL VALLEY RD 3 1 0:11:56

CYPRESS
Rescue, EMS incident, other 11/25/2023 231125-CFA01503 00:07:57 OCEAN VIEW AVE SCENIC RD 3 EMS call, excluding vehicle accident with injury 11/1/2023 231101-CFA01389 00:05:23 26045 S CARMEL HILLS DR 3 EMS call, excluding vehicle accident with injury 11/1/2023 231101-CFA01393 00:04:59 26270 DOLORES ST 3 EMS call, excluding vehicle accident with injury 11/2/2023 231102-CFA01394 00:06:55 26372 RIVERSIDE PL 3 EMS call, excluding vehicle accident with injury 11/3/2023 231103-CFA01400 00:08:11 25417 CARMEL KNOLLS DR 2 EMS call, excluding vehicle accident with injury 11/5/2023 231105-CFA01412 00:03:51 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 11/10/2023 231110-CFA01425 00:07:12 2890 RIBERA RD 3 EMS call, excluding vehicle accident with injury 11/12/2023 231112-CFA01435 00:05:00 26600 OLIVER RD 3 EMS call, excluding vehicle accident with injury 11/12/2023 231112-CFA01437 00:06:36 25682 CARMEL KNOLLS DR 3 EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01438 00:06:02 3744 THE BARNYARD 3 EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01439 00:04:39 3785 VIA NONA MARIE 3 EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01440 00:03:49 FLANDERS DR MORSE DR 3 EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01441 00:03:58 24558 CAMINO DEL MONTE 3 EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01442 00:04:39 26135 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 11/15/2023 231115-CFA01462 00:06:20 3777 RIO RD 2 EMS call, excluding vehicle accident with injury 11/15/2023 231115-CFA01461 00:04:26 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 11/16/2023 231116-CFA01465 00:05:15 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 11/17/2023 231117-CFA01471 00:05:21 26005 DOUGHERTY PL 3 EMS call, excluding vehicle accident with injury 11/14/2023 231114-CFA01454 00:07:44 25451 CANADA VALLEY DR 3 EMS call, excluding vehicle accident with injury 11/18/2023 231118-CFA01475 00:05:13 24324 SAN JUAN RD 3 EMS call, excluding vehicle accident with injury 11/21/2023 231121-CFA01487 00:08:39 2877 PRADERA RD 3 EMS call, excluding vehicle accident with injury 11/21/2023 231121-CFA01491 00:06:15 26530 MISSION FIELDS RD 3 EMS call, excluding vehicle accident with injury 11/25/2023 231125-CFA01504 00:06:17 3659 THE BARNYARD 3 EMS call, excluding vehicle accident with injury 11/25/2023 231125-CFA01505 00:05:12 25939 CARMEL KNOLLS DR 3 EMS call, excluding vehicle accident with injury 11/25/2023 231125-CFA01502 00:11:43 24411 PORTOLA RD 3 EMS call, excluding vehicle accident with injury 11/24/2023 231124-CFA01496 00:05:16 26135 3 EMS call, excluding vehicle accident with injury 11/27/2023 231127-CFA01509 00:05:34 3771 RIO RD 3

EMS call, excluding vehicle accident with injury 11/22/2023 231122-CFA01492 00:07:48 25344 PINE HILLS DR 3 EMS call, excluding vehicle accident with injury 11/20/2023 231120-CFA01482 00:08:19 3665 RIO RD 3 EMS call, excluding vehicle accident with injury 11/30/2023 231130-CFA01520 00:05:59 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 11/24/2023 231124-CFA01500 00:06:12 3303 SYCAMORE PL 3 EMS call, excluding vehicle accident with injury 11/29/2023 231129-CFA01516 00:04:41 26525 FISHER DR 3 EMS call, excluding vehicle accident with injury 11/30/2023 231130-CFA01519 00:07:18 26135 3 Motor vehicle accident with injuries 11/2/2023 231102-CFA01395 00:06:21 HWY 1 RIBERA RD 3 Motor vehicle accident with injuries 11/20/2023 231120-CFA01484 00:05:41 HWY 1 HANDLEY DR 3 Public service assistance, other 11/21/2023 231121-CFA01485 00:06:12 25636 MORSE DR 2 False alarm or false call, other 11/15/2023 231115-CFA01458 00:07:02 26336 SCENIC RD 3 37 0:06:10

MID COAST
No incident found on arrival at dispatch address 11/10/2023 231110-CFA01426 00:17:13 33170-33691 HWY 1 3 1 0:17:13

MONTEREY
EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01445 00:05:52 2170 N FREMONT ST 3 Cover assignment, standby, moveup 11/17/2023 231117-CFA01470 00:11:42 HWY 1 AGUAJITO RD 2 2 0:08:47

PACIFIC GROVE
EMS call, excluding vehicle accident with injury 11/1/2023 231101-CFA01392 00:10:31 1229 DAVID AVE 3 EMS call, excluding vehicle accident with injury 11/2/2023 231102-CFA01398 00:12:56 551 GIBSON AVE 3 EMS call, excluding vehicle accident with injury 11/19/2023 231119-CFA01478 00:10:38 1042 FOREST AVE 3 3 0:11:22

PEBBLE BEACH
EMS call, excluding vehicle accident with injury 11/1/2023 231101-CFA01390 00:07:28 3164 CORTEZ RD 3 EMS call, excluding vehicle accident with injury 11/4/2023 231104-CFA01408 00:09:09 1630 SONADO RD 3 EMS call, excluding vehicle accident with injury 11/10/2023 231110-CFA01433 00:09:52 1432 VISCAINO RD 3 EMS call, excluding vehicle accident with injury 11/13/2023 231113-CFA01448 00:10:51 1626 CORTE LN 3 EMS call, excluding vehicle accident with injury 11/14/2023 231114-CFA01453 00:08:05 1445 RIATA RD 3 EMS call, excluding vehicle accident with injury 11/18/2023 231118-CFA01472 00:08:34 FOREST LAKE RD WILDCAT CANYON RD 3 EMS call, excluding vehicle accident with injury 11/23/2023 231123-CFA01493 00:06:00 1500 CYPRESS DR 3 EMS call, excluding vehicle accident with injury 11/28/2023 231128-CFA01512 00:08:18 1576 CYPRESS DR 3 EMS call, excluding vehicle accident with injury 11/29/2023 231129-CFA01517 00:07:02 3187 PALMERO WAY 3 9 0:08:22

SEASIDE
EMS call, excluding vehicle accident with injury 11/6/2023 231106-CFA01416 00:12:44 3253 MONTEREY RD 3 1 0:12:44
23 11 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Code 2 Calls 4
Code 3 Calls 52
56 Total Average Response Time 0:10:49
Total # of Incidents
23 11 CFA Activity Report.xlsx 3
District Response Number Average Response Time
Carmel-By-The-Sea 56 3:13
Carmel Highlands 2 11:05
Carmel Valley 1 11:56
Cypress Fire Protection 37 6:10
Mid Coast 1 17:13
Monterey 2 8:47
Pacific Grove 3 11:22
Pebble Beach 9 8:22
Seaside 1 12:44
Total Responses 112 10:05
Total Code 3 Calls: 53
CFA Response Times for Code 3
Calls ≤ 5 minutes: 87%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
NOVEMBER 2023
Response Summary Report by District Type
Carmel-By-The-Sea
50%
Carmel Highlands
2%
Carmel Valley
1%
Cypress Fire Protection
33%
Mid Coast
1%
Monterey
2%
Pacific Grove
2%
Pebble Beach
8%
Seaside
1% Carmel-By-The-Sea
Carmel Highlands
Carmel Valley
Cypress Fire Protection
Mid Coast
Monterey
Pacific Grove
Pebble Beach
Seaside
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\CFA Reports\23 11 CFA Response Summary.xlsx 12/13/2023 Police Records Request Log
November 2023
City Clerk Public Records Request Log
November 2023
Request No. Request Date &
Received By
10-Day Due
Date Requestor Info Requested Status Date & PSO Mailed
2023-0001 11/08/2023AP 11/17/2023AP Kristine Tataryan photo images CG2300469 completed mailed by DA
2023-0002 11/10/2023AP 11/10/2023AP Jennifer Block CC2300412 report realeased 11/10/2023 AP 2023-0003 11/10/2023AP 11/20/2023AP Pallavi Shimoda
10-36
retention
schedule
email 11/21/23 mw
2023-0004 11/10/2023AP 11/20/2023AP Kristen Ridout -Owner Toro sushi CG2300501 completed emailed by DA
2023-0005 11/10/2023AP 11/20/202 3AP Coopers LLP Trail Lawyers CG2200237 completed faxed by DA 2023-0006 11/11/2023 mw 11/21/2023 Isabel Salinas CG2200402 / CG2300420 Pick up 11/14/23 mw
2023-0007 11/14/23 mw 11/24/2023 Paralegal AnnaMarie Bruno 911 audio completed emailed by DA 2023-0008 11/14/23 AI 11/24/2023 Department of Real Estate CG2200036 completed 11/14/23 AI 2023-0009 11/14/23 AI 11/24/2023 Tey Leporatif CG2300458 completed mailed by DA 2023-0010 11/23/2023 12/3/2023 Lexis Nexis CC2300258 completed mailed by DA Request
Number
Date
Requested
10-day
Response
Date
Records Requested Requestor Name
Date
Completed Notes
2023-114 (Next
Request ID # 23-
21)
11/15/2023 11/27/2023 List of all businesses in town, including business name, type, address/contact info Tricia Nguyen 11/29/2023 records sent 2023-115 (Next
Request ID # 23-
22)
11/21/2023 12/1/2023
All employment records associated with Chilone
Payton (“PAYTON”) including but not limited to (see
letter):

1. Documents reflecting dates of employment in any
capacity.

2. Documents reflecting dates and hours worked
such as work schedules and timesheets.

3. Documents reflecting positions held.

Carla Vasquez dos
Santos-Moore
12/1/2023 emailed 14 day
extension notice to
requester. 12/15/2023 -
emailed requester that PRA
request denied pursuant to
GC 7927.700, 7923.600-
7923.625, and protective
order issued.
2023-116 11/28/2023 12/8/2023 Business License applications for: 23064, 23063, 23062, 23061, and 23059 Mary Schley 11/28/2023 records sent by CPB Dept.

Attachment 3

CITY OF CARMEL-BY-THE-SEA
Public Works Department
November 2023 Monthly Report
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: December 1, 2023
APPROVED BY: Chip Rerig, City Administrator
City Council Special Meeting of November 6, 2023
• Adopted Resolution 2023-100, awarding a construction contract to Monterey Peninsula Engineering, in the amount of $1,139,566, for the Fiscal Year (FY) 2021/22 Paving Project, including the San Carlos Bike Route between Eighth and Thirteenth Avenues, and Sidewalk Repairs, and transferring $261,566 from the Contingency Fund to award the contract. • Adopted Resolution 2023-101, awarding Amendment #1 to the Professional Services Agreement (PSA) with Wallace Group, for a fee of $241,258, for engineering and design of the FY 2023/24 Paving Project and for project management oversight for the Coastal Infrastructure Repair Project.

City Council Meeting of November 7, 2023
• At a Public Hearing, gave a presentation regarding the PG&E Rule 20A underground utility funding program, and recent program changes including the reallocation of City credits. Council selected an undergrounding conversion project in the Mission Trails Nature Preserve (MTNP) along the Willow Trail, but deferred adoption of an undergrounding district pending further outreach to residents along Ridgewood Road and review of potential funding mechanisms to help pay for private conversions. • At a Public Hearing, gave a presentation and introduced the first reading of Ordinance 2023-007, amending Title 17, Zoning, by repealing and replacing Chapter 17.42, Stormwater Quality and Utility, and Chapter 17.43, Water Quality Protection.
• The Carmel-by-the-Sea Public Improvement Authority adopted Resolution PIA 2023-001, authorizing the execution of an Easement Deed granting a 10-foot wide easement to PG&E in the Vista Lobos parking lot for installation of electrical facilities to power upcoming City EV charging stations.

Forest and Beach Commission Meeting of November 9, 2023 • Announcements included:
o Commissioner Sours resigned
o Clarified that Commissioners-proposed topic of declaring the beach infrastructure a state of emergency is not within the subject matter jurisdiction of the Commission o Provided an update of additional research regarding the proposed Beach Cleanup Policy • At the northwest corner of Lincoln Street and Twelfth Avenue, approved the removal of a Monterey Pine based on a subsequent report prepared by an engineering firm, and paid by the Applicant, that documents damage to the foundation of the house was due to tree roots. No replanted was required. • Reviewed the Rules of Procedure for the Forest and Beach Commission which apparently have not been updated since 2002. Commissioners considered changes recommended by staff and identified additional updates. The revised Rules of Procedures will be resubmitted to the Commission for final review and adoption at an upcoming meeting.
• The Director presented the Forester’s and Public Works Department Reports for October 2023.

Attachment 4
Public Works Department Report – November 2023

Climate Committee Meeting of November 16, 2023
• This was the first Climate Committee meeting since adoption of the Climate Action and Climate Adaptation Plans in August 2022. Members are Committee Chair Jeff Baron, and Carrie Theis, Scott Lonergran, and Michael LePage. Environmental Programs Manager Mary Bilse is the staff liaison. • Presented the following two technical reports produced under the Coastal Engineering Study, a key Climate Adaptation Strategy initiative:
o Task 1, Shoreline Infrastructure Condition Assessment, presented by Haro Kashunich and Associates
o Task 2, Shoreline and Beach Change Analysis, presented by Integral Consulting • Reviewed the list of projects outlined in the Climate Action and Climate Adaptation Plans. The projects are divided into short-, medium-, and long-term initiatives, and the estimated percentage complete were assigned. Committee provided feedback to provide a more user-friendly project tracking list for review at subsequent meetings.

Traffic Safety Committee Meeting of November 29, 2023
• Denied a request to convert the Santa Rita Street and Fourth Avenue intersection from a 2-way to 4- way stop control, but requested that vegetation at the northwest and southwest corners of the intersection be pruned back for improved visibility. The location will be brought back to the Committee at the next meeting to evaluate the effectiveness of the pruning. • Reviewed the current baseline situation of commercial vehicles bypassing the official truck route along San Carlos Street, between Eighth and Thirteenth Avenues, by using Junipero Street. It was noted that San Carlos Street will be repaved with a new shared bike route in early Spring, and truck traffic behavior may subsequently change. Public comments noted that as many as 30-40 trucks per day use Junipero Street. Motion was to perform a clipboard survey of truck counts, inventory existing truck-related signs and evaluate additional signs that may be needed, request Police to issue warnings, and re-evaluate the matter at subsequent Committee meetings.

Administration
• Tom Ford and wife Michelle gave birth to a baby boy on November 26 th. Congratulations!
• Jenn Menke joined the Forestry Division for temporary administrative support. • Leadership Carmel Class of 2023 treated the entire Public Works Department to a wonderful lunch and get together in appreciation of our support of their legacy nature play project at Forest Hill Park. • Prepared staff report and presentation for the December 5th Council meeting regarding the City-wide Drainage Master Plan Update Project.
• Held the annual Public Works Thanksgiving holiday luncheon as a team building event. • The wooden upper portions of the Eleventh Avenue footbridge at the entrance into the MTNP was declared to be unrepairable, but the underlying steel beams can remain. As a unique Team Building Project in December, the entire Public Works Department will rebuild this footbridge. An often dusty/muddy road entrance at the adjacent park entry gate will also be reconstructed.

Carmel Cares and Other Volunteer Groups
• Carmel Cares coordinated the donation of a stove for the Fire Station. • “Median Minders” volunteers continued to improve medians across the Village. • “Downtown Detail” volunteers improved the landscaping around the Post Office parking lot. • The Friends of MTNP offered to pay for upgraded MTNP entry display signs, and the sign fabrication is underway.

Environmental Programs
• For the new Stormwater Ordinance, prepared the staff report and resolution for the second reading and adoption for the December 4th Council meeting.
• For the Coastal Engineering Study, Phase I, staff met with consultants at Integral and EMC to review preliminary findings of Tasks 3, Shoreline and Beach Erosion Exposure Modeling, and Task 4, Coastal Hazard and Sea Level Rise Vulnerability Assessment. Reports scheduled to be ready for presentations to Commission/Committee in February.

Attachment 4
Public Works Department Report – November 2023

• Began to process the California Coastal Commission’s $500,000 Local Coastal Programs Grant to fund Phase II of the Coastal Engineering Study by gathering additional documentation. • Prepared the staff report, resolution, and presentation for the December 5th Council meeting to propose a new Beach Cleanup Operations Policy. As requested by the Forest and Beach Commission as part of their recommendation for Council approval, staff conducted additional research on driftwood, further collaborated with regulatory agencies, and met with Carmel Cares to determine areas of agreement and disagreement with the proposed Policy. • Coordinated with Applied Marine Science for a proposal to continue to provide water quality testing for up to three years under a new Professional Services Agreement. • Coordinated with the Building Department to resume inspections of stormwater best management practices at construction sites.

Facility Maintenance
• For the FY 2023/24 ADA Upgrades Project, plans were approved for additional ADA-compliant railings to be installed at the Harrison Memorial Library. • For the Sunset Center Bollards Replacement CIP Project, eight bollards were delivered: late, wrong color, missing hardware, and some cracked and chipped. All were rejected and returned. • For the Carpenter Hall Heater Replacement CIP Project, received recommendations from two contractors for alternate replacement systems. Concepts will be converted into a request for informal quotes. The new system appears to be within budget.
• Contractor repaired roof tiles at the corner of Flander’s Mansion damaged by vandalism. • Vendor upgraded door locks in the Administration Department at City Hall. • In preparation for winter storms, cleaned roof gutters, and tested pumps and backup generators. • Replaced water filtration systems in several park restrooms, • Cleared a clogged drain at the Scenic Restroom ADA drinking fountain. • The steel fire doors between the Public Works Garage and basement offices were deemed unsafe.

Quotes for repairs versus complete replacements are in progress. • Overhead roll up doors passed maintenance inspections at the Fire Station and Public Works, except for one garage door that needs to be significantly repaired. • Purchased new flags.
• Installed year-end holiday decorations around Devendorf Park and lights along the Ocean Avenue median islands.

Project Management for the Capital Improvement Program
4 Leaf Projects:
• For the Police Building Renovation Project, met with Council Ad Hoc Committee on November 13th to discuss key findings of Indigo Architect’s condition assessment and space programming reports, and preliminary alternatives. Ad Hoc directed staff to provide the space programming report with potential reductions, consider alternative sites for a new facility, and return to the Ad Hoc in early December.

Ausonio, Inc. Projects:
• For the Sunset Center North Wing and Harrison Memorial Library Exterior/Interior Painting Project, seven contractors attended the pre-bid meeting on November 9th, and an addendum was issued in response to questions. Bids will be opened on December 5th. • Draft bidding and contract documents were prepared for the Park Branch Library Dumbwaiter Decommissioning, an operating budget project. Staff and building permit readiness review comments are being incorporated.
• For the Sunset Center Retaining Walls Repair Project and San Antonio Walkway Repair Project, Second to Fourth Avenues, ZFA Structural Engineers were selected via a competitive consultant selection process performed by CSUMB. ZFA reviewed both project sites, and a draft PSA for oncall structural engineering services is being prepared.

Attachment 4
Public Works Department Report – November 2023

Wallace Group Projects:
• For the FY 2022/23 Concrete Streets Repair Project, BKF Engineers submitted 95% complete design plans, technical specifications, and cost estimates which are being checked by Wallace Group. Due to higher construction cost estimates versus available funding, bidding may be pushed until additional CIP funds are available via the FY 2024/25 Capital Improvement Program. • For the FY 2023/24 City-wide Paving Project, the Council-approved Amendment No. 1 to the PSA with Wallace Group was executed, Notice to Proceed was issued, and a kickoff meeting was held.

Field surveying, utility coordination, and preliminary layout plans will be underway in December. • For the Coastal Infrastructure Repair Project, also approved by Amendment No. 1, Wallace Group began to compile information and example RFPs to develop a new RFP customized for Carmel Beach infrastructure repair scoping, cost estimating, and beach access stair repair designs.

Additional Capital Projects:
• For the MTNP Well and Tank/Pump House Removal Project, the well decommissioning permit was issued by the County Environmental Health Department, and the well was decommissioned. The contractor demobilized from the jobsite, and only closeout paperwork remains for this project. • For the FY 2021/22 City-wide Paving Project, the contract with MPE was executed, Notice to Proceed was issued, and a Preconstruction Meeting was held in late November. Technical submittals will be processed in December, and sidewalk repairs and paving overlays are set to begin in January. • For the MTNP 3 Drainage Project, after a year-long, tedious approval process, the California Department of Fish and Wildlife Service issued a Streambed Alteration Agreement. With all three regulatory approvals in hand, staff can finalize the bidding and contract documents for construction and request partial reimbursement of the $178k State Parks Per Capita Grant. • For the 4 Drainage Improvements Project, following staff review of the 30% design plans, Neill Engineers are proceeding to 90% design for three of the four sites. On-call environmental consultant, Denise Duffy & Associates, are preparing a proposal for required environmental review and documentation for two of the four sites.
• For the Electrical Panels at City Hall, Fire Station, and Vista Lobos Project, the technical reports submitted by Advanced Design Consultants (ADC) were checked by staff and returned to be finalized. Overall, panels at City Hall and Fire Station can be repaired with remedial work by an electrician; however, the panels at Vista Lobos require complete reconstruction for safety reasons. • For the Vista Lobos Parking Lot EV Charging Station Project, the 60% plans were reviewed by staff and returned to ADC. ADC is coordinating final design plans with PG&E to tie into PG&E’s new transformer to be installed in the easement just approved by the Carmel Public Improvement Authority. This project may be expanded to incorporate the required reconstruction of the Vista Lobos electrical panels with the EV charging stations project for efficiency and cost-savings. • Met with CAWD and their design consultants to coordinate encroachment permit special conditions of approval, final plans, and construction impacts for two upcoming sewer projects: 1) Pipe bursting and manhole rehabilitations project along Santa Rita and Guadalupe Streets, from Ocean Avenue to the north City limits, and 2) Pipe bursting along Scenic Road, from Ocean Avenue to the south City limits.

Street Maintenance
• Provided staffing, barricades, signage, and clean up for the Veteran’s Day and Homecrafter events. • Completed the annual Storm Drain System Inspection Program which included clearing out vegetation and debris along drainage channels and culverts across the City. • Sales at public auction included $15,100 for the former street sweeper, $2,600 for an old patrol vehicle, and $861 for broken portable generator parts. Funds will be credited to the City’s Vehicle and Equipment Fund for future vehicle and equipment purchases. • Ordered an EV truck for Forestry, as a CIP project, for $57k. • Coordinated equipment repairs to the high ranger and chipper. • Receive 20 dual trash/recycling and 10 trash-only, ribbon-style containers. The first batch of containers were installed in late November.
• Filled in cracks along San Antonio Pathway between Second and Fourth Avenues.

Attachment 4
Public Works Department Report – November 2023

• As a cost-sharing project with a developer, the sidewalk in front of Fourtane Jewelers on Ocean Avenue was reconstructed by a private contractor with upgraded, permeable pavers. • Cleaned up the Rio Park material storage areas.
• Prepared material quantities and cost estimate for a new post and rail fence along Ocean and San Antonio Avenues along the borders of the North Dunes Habitat site. Fence to be reviewed by Forest and Beach Commission in January.
• Attended the re-launched Utility Coordination Meeting at the City of Monterey, and provided plans to coordinate the City’s FY 2021/22 and FY 2022/23 paving projects with the utility companies.

Forestry, Parks, and Beach (Forester’s Report)
• For the Urban Forest Master Plan (UFMP), 343 responses to the Community Survey were received prior to the closing date. The data is currently being compiled and will be presented to the Forest and Beach Commission when complete.
• Status of Davey Resource Group’s development of the UFMP is as follows:
o Tree Canopy and Land Cover Assessment - complete
o Urban Forest Resource Analysis (Eco) - complete
o Operations review ~99% complete
o Community Survey - 90% complete
o Draft Recommended Species List ~75% complete
o Draft 1 UFMP ~90% complete
▪ Developing goals, objectives, and action steps
▪ Incorporating community survey results
• Due to the extraordinarily onerous requirements, re-work, and unclear/contradictory directions to seek grant reimbursement from CalFire for the UFMP, and since no funds have been reimbursed to date, staff requested to be relieved of further administering this grant. • As requested by the Forest and Beach Commission, an overgrown Podocarpus tree was pruned on San Antonio, southwest of Second Avenue. The adjacent Loquats have also been looked at by the City Forester, but we are proceeding carefully with trimming so that they remain healthy. • In the North Dunes Habitat Restoration Site, invasive acacia seedlings and saplings were removed. • Unauthorized cactus plantings were removed in the MTNP by the Friends of MTNP and staff. • Fuel management weed whacking and tree pruning was performed in and around Rio Park yard by forestry staff.
• First nursery order of large cypress trees was made with more pines, cypresses, and oaks coming soon for plantings in the coming months.
• A majority of the planned work issued via Task Orders to our three tree service contractors, Community Tree Service, Tope’s Tree Service, and West Coast Arborist, has been completed to date.

Some funds remain in reserve for storm recovery efforts, but all allocated funds will be expended well before the end of the Fiscal Year. Additional funding for tree services will be requested as part of the Mid-Year Budget review process.
• To date in Fiscal Year 2023/24, contractors removed 59 trees, pruned 13 trees, and ground out 48 stumps.
• The removed trees also had their stumps ground and backfilled to create new planting locations. • Landscape maintenance work across the City continues to be fully engaged by contractor Town & Country.
. Permit Information
Attachment 4
Public Works Department Report – November 2023

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 30 22 1 20 14 7 11 6 0 2 17
November 19 20 7 11 8 11 5 0 0 8 5
December 0
2023 Totals 356 304 87 296 204 108 157 66 9 47 223
2023 Permitted removals, pruning, and required planting Attachment 4
Public Works Department Report – November 2023

City Forestry, Parks, and Beach Activities
Attachment 4
Public Works Department Report – November 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.

Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jane Hogan, Accountant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: November 2023 Check Register Summary
RECOMMENDATION:

Approve the check register for November 2023.

BACKGROUND/SUMMARY:

The check register is a financial report generated from the City's financial system (Attachment 1). It categorizes checks by the responsible department or function, providing essential information such as the check number, vendor name, purchase description, check issue date, and the check amount.

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 therefore are not subject to disclosure under the Public Records Act.

As a supplement to the check register, staff have included information about the contract balances for vendors who received payments during the month of November 2023. This data can be found on the last page of the report.

The check register provides valuable insights into the City's financial transactions, ensuring transparency and accountability in our financial operations. The exclusion of certain legal services payments adheres to the California Supreme Court's guidelines, safeguarding attorney-client privilege. The contract balance information further enhances our financial transparency.

FISCAL IMPACT:

The check register summary for November 2023, totals $1,227,015.86.

PRIOR CITY COUNCIL ACTION:

Council ratified the October 2023 check register at the December 4, 2023, special meeting.

ATTACHMENTS:

Attachment 1) November 2023 Check Register
November 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
52389 Division of the State Architect Jul-Sep 2023 DSA Form 786 remittance 11/13/2023 645.20 52420 Visit Carmel CRID remittance Jul-Sep 2023 11/16/2023 71,177.92 71,823.12
Total for Department: 000 ___ 71,823.12
Department: 110 City Council
52365 Peninsula Messenger LLC Mail service sorting and delivery 11/08/2023 7,128.00 52409 Carmel Chamber of Commerce Awards dinner tickets 1 table 11/16/2023 2,250.00 52438 Carmel Chamber of Commerce Membership 11/29/2023 445.00 Total for Department: 110 City Council 9,823.00
Department: 111 City Administration
52332 5th Avenue Deli City Clerk meeting lunch expense 11/08/2023 1,247.32 52336 Amazon Web Services Inc Data and cloud storage fees 11/08/2023 1,020.87 52337 AT&T Telephone service citywide 11/08/2023 2,287.99 52344 Digital Deployment Website support agreement:Maint, training, security and updates 11/08/2023 700.00 52349 Iron Mountain Records storage and management services 11/08/2023 326.51 52361 Nova Romero Reimburse for Notary Oath and Notary seal expenses 11/08/2023 54.85 52362 Office Depot, Inc. Office supplies Admin 11/08/2023 158.55 52369 Robert Half Temporary Finance assistance services - Tony Wong 11/08/2023 15,344.00 52372 SHI International Corp 6 Lenovo Thinkstation Computers 11/08/2023 10,888.02 52373 SystemsUp LLC Remote desktop services as directed by IT Manager 11/08/2023 39.00 52379 Universal Staffing Inc Temporary staffing services:H Griffin 11/08/2023 19,631.00 52381 Verizon Wireless Cell phone usage and sales 11/08/2023 10,483.13 52382 Wageworks,Inc Healthcare monthly Admin and Compliance Fee 11/08/2023 205.00 52383 Alhambra Water service-City Hall 11/13/2023 202.35 52387 Complete Paperless Solutions Laserfiche Cloud services-Annual renewal 11/13/2023 9,500.00 52390 Granicus, Inc. Novus Agenda, Novus Agenda Vidio streaming services 11/13/2023 14,806.22 52398 Pitney Bowes Bank Inc Purchase Power Postage-meter refills 11/13/2023 3,045.00 52399 Richard Rerig Reimburse Rerig LOCC expenses 9/19-9/22/23 11/13/2023 318.00 52400 Ryan Ranch Printers Envelopes, stationary, business card and business license printi 11/13/2023 715.43 52401 SystemsUp LLC Remote desktop services as directed by IT Manager 11/13/2023 390.00 52403 US Bank Slide AI subscription 11/13/2023 10.00
52403 US Bank NYT Subscription 11/13/2023 20.00
52403 US Bank Employee appreciation expense 11/13/2023 210.00 52403 US Bank HR: Employee Training 11/13/2023 75.00
52403 US Bank NeoGov job advertisement 11/13/2023 249.00 52403 US Bank Employee appreciation expense 11/13/2023 80.56 52406 Amazon Capitol Services IT Supplies and Equipment 11/16/2023 526.41 52410 Carmel Pine Cone Legal noticing 11/16/2023 810.00 52411 Chavan and Associates, LLC Financial auditing services 11/16/2023 11,000.00 52415 Office Depot, Inc. Office supplies Admin 11/16/2023 219.37 52417 Robert Half Temporary Finance assistance services - Tony Wong 11/16/2023 4,384.00 52418 SystemsUp LLC IT serivices 11/16/2023 351.00
52419 Universal Staffing Inc Temporary staffing services:H Griffin 11/16/2023 1,952.00 52434 AT&T Telephone service citywide 11/29/2023 1,046.42 52439 Carmel Pine Cone Legal noticing 11/29/2023 375.00 52445 Comcast City Hall cable service 11/29/2023 68.71
52446 Comcast Business NonNGEN internet and recurring charges 11/29/2023 545.43 52447 Corbin Willits System MOM Financial system monthly fee 11/29/2023 720.79 52456 GovInvest Inc Finance Forecasting module-Annual subscription fee 11/29/2023 23,200.00 52458 Grasings/The Carmel Restaurant Group Catering for employee/staff Holiday luncheon 11/29/2023 4,499.58 52459 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 11/29/2023 9,223.96 52460 Image Sales Employee ID Badges 11/29/2023 22.83
52462 J 4 Systems System moderization and resiliency services directed by IT-Amend 11/29/2023 3,675.00 52467 MRC Printer usage fees-All departments 11/29/2023 812.37 52468 Municipal Resource Group, LLC City manager evaluation report expense 11/29/2023 506.25 52472 Robert Half Temporary Finance assistance services - Tony Wong 11/29/2023 8,768.00 52477 SHI International Corp Falcon bundle/misc software maint programs 11/29/2023 10,982.69 52478 SystemsUp LLC Remote desktop services as directed by IT Manager 11/29/2023 253.50 52483 Universal Staffing Inc Temporary staffing services:H Griffin 11/29/2023 3,827.75 52484 US Bank Admin office supplies 11/29/2023 79.79
52484 US Bank League of CA Cities Conference Rerig 11/29/2023 750.00 52484 US Bank Clerk office supplies 11/29/2023 46.51
Attachment 1
52484 US Bank FedEx - Clerk - shipping 11/29/2023 32.95 52484 US Bank HR subscriptions - Fax 11/29/2023 11.95
52484 US Bank Traffic safety vest for staff 11/29/2023 228.70 52484 US Bank Employee holiday lunch supplies 11/29/2023 97.75 52484 US Bank Employee Halloween paty supplies 11/29/2023 399.71 52484 US Bank IT Subscriptions - Freshworks 11/29/2023 545.00 52484 US Bank IT Subscriptions - Adobe, Zoom, Microsoft, Backblaze 11/29/2023 3,108.22 52484 US Bank IT Dues - DNS Made East 11/29/2023 129.90 52484 US Bank IT telephone expense - Amazon 11/29/2023 382.56 52484 US Bank IT Materials & supplies - Amazon 11/29/2023 25.10 52484 US Bank IT telephone expense 11/29/2023 1,237.84
52488 Xerox Financial Services Xerox copier leases citywide 11/29/2023 2,905.06 Total for Department: 111 City Administration 189,759.90 Department: 112 City Attorney
52339 Burke,Williams & Sorensen, LLP City Attorney services- 11/08/2023 75,324.61 52407 Best Best & Krieger, Attorney At Law Legal fees:Telecommunications issue, Verizon litigation 11/16/2023 18,989.00 Total for Department: 112 City Attorney 94,313.61
Department: 116 Police
52335 Amazon Capitol Services PD Supplies and Equipment 11/08/2023 18.55 52340 Carmel Towing & Garage PD Towing expense 11/08/2023 4,902.66 52342 Dawn Almario Travel expense CLEARS Training 11/5-11/10/2023 11/08/2023 366.00 52350 Javier Auto Services PD Auto Repairs 11/08/2023 195.73 52351 Lexipol LLC Annual Law Enforcement Daily Training/Policy Update and Training 11/08/2023 13,496.18 52374 T2 Systems Canada Inc. PD:Digital iris services 11/08/2023 75.00 52376 Transunion Risk & Alterna PD: Monthly fee for information services 11/08/2023 75.00 52380 US Bank Telephone Expense 11/08/2023 763.51
52380 US Bank PD community promotion expense 11/08/2023 54.08 52380 US Bank PD travel/seminar expenses 11/08/2023 675.00 52386 Carmel Towing & Garage PD Towing expense 11/13/2023 450.00 52388 De Lage Landen Financial PD Copier usage 11/13/2023 168.74 52391 Javier Auto Services PD Auto Repairs 11/13/2023 640.60 52394 Motorola Service from 11/21/23-11/20/24 11/13/2023 1,769.85 52395 Office Depot, Inc. Office supplies PD 11/13/2023 268.33 52402 T2 Systems, Inc Citation collection service fees $.63 per citation 11/13/2023 195.51 52406 Amazon Capitol Services PD Supplies and Equipment 11/16/2023 240.30 52412 Comcast PD Cable serices 11/16/2023 20.82
52413 Dawn Almario Reimburse for travel expense CLEARS Seminar 11/5-11/10/2023 11/16/2023 1,496.96 52414 Department of Justice/Accounting Office PD:Fingerprinting services 11/16/2023 32.00 52433 Alhambra Water service-Police Dept 11/29/2023 150.84 52445 Comcast PD Cable serices 11/29/2023 352.83
52479 T2 Systems, Inc Automated owner lookups-Mail services 11/29/2023 195.51 Total for Department: 116 Police 26,604.00
Department: 117 Fire
52333 Alhambra Water service-Fire Dept 11/08/2023 254.49 52340 Carmel Towing & Garage Fire Dept. Gas Expense (E15) 11/08/2023 1,009.38 52341 City Of Monterey FY 23-24 Monthly fee Interim Fire Admin/Emerg Incident Mgmt 11/08/2023 245,891.60 52354 Mission Linen Service Fire Dept laundry service 11/08/2023 247.24 52359 Monterey Sanitary Supply Fire Dept. Housekeeping supplies 11/08/2023 196.63 52392 Mission Linen Service Fire Dept laundry service 11/13/2023 123.62 52444 City Of Monterey Fire Dept Vehicle repairs 11/29/2023 69,674.08 52466 Mission Linen Service Fire Dept laundry service 11/29/2023 123.62 Total for Department: 117 Fire 317,520.66
Department: 118 Ambulance
52338 Bound Tree Medical LLC Medical supplies 11/08/2023 3,152.38 52340 Carmel Towing & Garage Amb Dept. Gas Expense (7166) 11/08/2023 1,543.16 52341 City Of Monterey FY 23-24 Ambulance Administration fee 11/08/2023 3,793.81 52343 De Lage Landen Financial Ambulance copier usage 11/08/2023 71.01 52366 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 11/08/2023 125.11 52384 American Supply Company Janitorial Supplies-Amb Dept 11/13/2023 251.38 52388 De Lage Landen Financial Ambulance copier usage 11/13/2023 71.01 52397 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 11/13/2023 54.72 52408 Bound Tree Medical LLC Medical supplies 11/16/2023 933.90 52486 Wittman Enterprises, LLC Ambulance billing service 11/29/2023 3,990.13 Total for Department: 118 Ambulance 13,986.61
Attachment 1
Department: 119 Public Works
52334 Always Under Pressure Oil water seperator 11/08/2023 261.25 52346 Golden State Portables Forest Theater events maintenance/cleaning 11/08/2023 2,252.78 52347 Granite Construction Company Asphalt 11/08/2023 841.23 52352 M & S Building Supply FM supplies 11/08/2023 515.50 52353 Metropolitan Transportation Commission Street Saver annual subscription 9/26/23 #4926-AR13132 11/08/2023 3,000.00 52355 Monterey County Health Department 10/4/23 #10431298 11/08/2023 26.00 52358 Monterey Regional Waste Management District Annual proportionate Share Costs for CA Senate Bill-10/19/23 #01 11/08/2023 1,626.00 52360 Mutt Mitt Mutt Mitt purchase- 40 cases of pink Mutt-Mitts 11/08/2023 3,102.70 52367 Poe's Plumbing & Backflow Plumbinf repair for City Facilities 11/08/2023 282.93 52370 Scarborough Lumber & Building Supplies for FM 11/08/2023 415.01 52371 Sentry Alarm Systems Alarm monitoring 11/08/2023 231.00 52375 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 11/08/2023 13,134.00 52378 Uline Inc. Safety supplies for PW/Forestry 11/08/2023 1,184.74 52379 Universal Staffing Inc Temporary staffing services PW/Forestry 11/08/2023 1,700.00 52380 US Bank parts for the gator-9/12/23 RC 1916 11/08/2023 892.63 52431 Ailing House Pest Control Pest Control 11/29/2023 354.00 52432 Airtec Inc HVAC repairs for City facilities 11/29/2023 336.00 52435 Ausonio, Inc On Call service for PW Facilities 11/29/2023 1,365.00 52437 Carmel Cares-Dale Byrne, President Landscaping Services for Scenic Pathway- 11/29/2023 2,182.50 52440 Carmel Towing & Garage Fuel for PW vehicles 11/29/2023 3,151.24 52441 Chemtek, Inc 10 gallon of asphalt release agent. 11/29/2023 531.67 52442 Christopher Dinner Heating Inc Replace local history vault dehumidifier 11/29/2023 4,925.00 52443 Cintas Corporation Uniform Service for PW staff 11/29/2023 417.00 52444 City Of Monterey Shipper Service 103137 11/29/2023 63.00 52449 Disaster Kleenup Specialists Mold testing PBL-SI-51231 11/29/2023 1,168.75 52451 Edges Electrical Group Electrical supplies, LED lights for City facilities 11/29/2023 201.56 52453 Forestry Suppliers, Inc F & B Materials and supplies 11/29/2023 177.95 52455 Golden State Portables Forest Theater events maintenance/cleaning 11/29/2023 650.00 52457 Granite Rock Company Public Works supplies 11/29/2023 724.87 52463 Jamestown Advanced Products Corp 20 dual ribbon cams and 10 single cans. 11/29/2023 57,302.40 52464 Layer 1 Networks Inc Outdoor electrical outlet work Sunset Center 11/29/2023 589.48 52465 M3 Environmental Consulting HAZ Mat testing- FM 11/29/2023 1,179.99 52470 Pacific Smog Smog inspection unit 3 #1610 11/29/2023 41.75 52471 Pureserve Building Service Janitorial services FY 23/24 11/29/2023 21,775.59 52473 Ross Recreation Equipment, Inc. Install replacement parts I24220 11/29/2023 2,500.00 52474 S.S.P. Inc. Tax from lockers from 6/2022 that was not chraged #SQ088457 11/29/2023 554.94 52475 Safeway Sign Co. PW signs-Carsonite Road Marker 11/29/2023 423.77 52476 Scarborough Lumber & Building Supplies for FM 11/29/2023 225.00 52480 Town and Country Gardening Landscape contractors for City locations 11/29/2023 12,900.00 52481 Toyota Material Handling Northern California GEM car parking break KABV97 11/29/2023 294.00 52482 Trucksis Enterprises, Inc. Replacement flags for City 11/29/2023 1,088.79 52483 Universal Staffing Inc Temporary staffing services PW/Forestry 11/29/2023 4,980.00 52484 US Bank Facilities - telephone expense 11/29/2023 91.72 52484 US Bank Facilities supplies 11/29/2023 333.77
52484 US Bank Apple subscription 11/29/2023 9.99
52484 US Bank Grammarly subscription 11/29/2023 144.00
52487 Wm Baxter Electric Rewire of breaker for car charger at SSC-1276 11/29/2023 190.00 Total for Department: 119 Public Works 150,339.50
Department: 120 Library
52364 Pacific Grove Self Storage Storage Unit - Document storage 11/08/2023 406.00 Total for Department: 120 Library 406.00
Department: 121 Community Activities
52345 Glastonbury Inc Veterans Day sound system 11/08/2023 1,725.00 52377 Triple F Farms, Inc. 650+ pumpkins for Pumpkin Roll 11/08/2023 1,950.00 52439 Carmel Pine Cone Homecrafters' ad 11.17.23 11/29/2023 850.00 52454 Glastonbury Inc Sound system for Holiday Celebration 12.1.23 11/29/2023 1,725.00 52484 US Bank Halloween parade car magnets, Pumpkin Roll, Homecrafters' & Holi 11/29/2023 771.39 52484 US Bank Homecrafters' Marketplace posters and postcards 11/29/2023 473.41 Total for Department: 121 Community Activities 7,494.80 Department: 122 Economic Revitalization
52404 Visit Carmel Destination marketing funding FY 23-24 11/13/2023 30,000.00 Total for Department: 122 Economic Revitalization 30,000.00 Department: 130 Non-Departmental
52357 Monterey County Tax Collector 2023-2024 Property tax assessments 11/08/2023 90,752.92 Attachment 1
52363 Pacific Gas & Electric Citywide gas & electric services 11/08/2023 207.78 52396 Pacific Gas & Electric Citywide gas & electric services 11/13/2023 2,110.74 52405 Alliant Insurance Services AD&D Accident Medical Policy 9/23-9/24 11/16/2023 250.00 52416 Pacific Gas & Electric Citywide gas & electric services 11/16/2023 10,965.17 52436 Cal-Am Water Company Water service citywide 11/29/2023 13,163.85 Total for Department: 130 Non-Departmental 117,450.46
Department: 311 Capital Projects
52348 Indigo/Hammon & Playle Architects, LLP Architect & Engineering Services for PD/PW Building Project 11/08/2023 57,666.00 52385 BKF Engineers Project managment: Ocean Ave resurface/San Antoinio, San Carlos, 11/13/2023 7,321.37 52430 Advance Design Consultants, Inc CIP Electrical panel upgrades 11/29/2023 29,487.50 52435 Ausonio, Inc CIP PD Renovation project management 11/29/2023 11,080.13 52448 Davey Resource Group, Inc. CIP:Urban Forest Master Plan Project manager services 11/29/2023 8,365.00 52450 Dudek Environmental support:MTNP 3 Stream Stability Project 11/29/2023 4,252.91 52452 EMC Planning Group, Inc Coastal Hazard project services 11/29/2023 20,157.54 52461 Indigo/Hammon & Playle Architects, LLP Architect & Engineering Services for PD/PW Building Project 11/29/2023 42,904.50 52469 Neill Engineers Corp. Civil engineering design services: Storm Drain capital project A 11/29/2023 15,230.50 52485 Wallace Group Concrete Streets 11/29/2023 1,028.75 Total for Department: 311 Capital Projects 197,494.20
Grand Total 1,227,015.86
Contract Amt Paid thru Nov Contract Balance
$ 62,396.00 107,730.00 $ 45,334.00 $
$ 992,656.40 2,950,699.00 $ 1,958,042.60 $
$ 130,019.30 272,000.00 $ 141,980.70 $
$ 78,407.57 179,800.00 $ 101,392.43 $
Vendor
Pen Messenger
City of Monterey *
Pureserve *
4Leaf Inc.

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jane Hogan, Accountant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Resolution 2024-004 adopting the Fiscal Year 2024-2025 budget schedule RECOMMENDATION:

Adopt Resolution 2024-004 adopting the Fiscal Year 2024-2025 budget schedule.

BACKGROUND/SUMMARY:

This item is on the Council's agenda to adopt the Fiscal Year 2024-2025 budget schedule in accordance with the Carmel-by-the-Sea Municipal Code. Specifically, Municipal Code §3.06.020 requires the City Administrator to present a proposed budget schedule to Council on or before February 15 of each year.

The budget schedule includes several meetings to encourage public participation in developing and prioritizing capital projects, programs and services given limited resources. The Fiscal Year 2024-2025 covers the period of July 1, 2024 through June 30, 2025.

FISCAL IMPACT:

There is no fiscal impact associated with adopting this budget schedule.

PRIOR CITY COUNCIL ACTION:

Not applicable.

ATTACHMENTS:

Attachment 1) Resolution 2024-004

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE FISCAL YEAR 2024-2025 BUDGET SCHEDULE
WHEREAS, Carmel-by-the-Sea Municipal Code §3.06.020 requires the City Administrator to present to Council a proposed budget schedule on or before February 15 of each year; and WHEREAS, the budget schedule includes public meeting dates pertaining to the development and review of the capital improvement plan and annual operating budget to allow for public participation in the budget process; and
WHEREAS, the budget schedule is intended to allow City Council time to deliberate while also ensuring the budget is adopted before July 1 in accordance with the City’s Municipal Code.

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

Approve the Fiscal Year 2024-2025 budget schedule per Exhibit A.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 9th day of January, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Resolution No. 2024-004

Page 2 of 2 ends

EXHIBIT A
Activity Date*
Adoption of FY 24-25 Budget Schedule Special Council Meeting January 8, 2024
Development: FY 24-25 Operating Budget /
Five-Year Capital Improvement Plan (CIP) &
Five-Year Financial Forecast
January - March 2024
Five-Year CIP and Financial Forecast Workshop Special Council Meeting Week of March 11, 2024
Council consideration of funding projects as part of the FY 24-25 Capital Improvement Plan (CIP)
Council Meeting
April 2, 2024
Submittal of FY 24-25 Proposed Budget to Council Council Meeting May 7, 2024
FY 24-25 Proposed Budget Workshop Special Council Meeting Week of May 21, 2024
Adoption of FY 24-25 Budget and GANN Limit Council Meeting June 4, 2024
Adoption of FY 24-25 Budget and GANN Limit as Needed Special Council Meetings June 17, 2024
June 24, 2024
FY 24-25 Begins July 1, 2024
*Dates are tentative and subject to change
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

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 2024-005 authorizing the City Administrator to execute a Construction Contract with Color New Co., in the amount, with contingency, of $392,150, for the Sunset Center Exterior and Harrison Memorial Library Exterior and Interior Painting Projects
RECOMMENDATION:

Adopt Resolution 2024-005 authorizing the City Administrator to execute a Construction Contract with Color New Co., in the amount, with contingency, of $392,150, for the Sunset Center Exterior and Harrison Memorial Library Exterior and Interior Painting Projects.

BACKGROUND/SUMMARY:

In June 2022, Council adopted Resolution 2022-048 approving the Capital Improvement Program (CIP) Budget for Fiscal Year (FY) 2022/23, which included six Facility Renovation Projects, including the two Painting Projects described below.
· Sunset Center Hazardous Materials Abatement and Exterior Painting: The exterior of the historic Sunset Center has not been painted in decades. An initial budget of $150,000 was established with the understanding that future project phases would be necessary to paint the full exterior of the complex. During design, the north wing of Sunset Center was determined to be most in need of painting. Prior to painting, hazardous lead paint must be remediated from the walls, and asbestos removed from the window frames. All paint colors will match existing. · Harrison Memorial Library Renovations Exterior and Interior Painting: A City investment of $100,000 to paint the exterior of the library, plus $100,000 to paint the interior, was established to satisfy the City’s deferred and ongoing maintenance obligation for this historic building. This project was programmed to inspire private donations associated with the long-range Libraries Master Planning initiative and future renovations. For both the exterior and interior, lead paint will need to be remediated, and all paint colors will match existing. Interior painting also includes moving and storage on site of furniture and art work.

Funded by Measure C, the total initial budget for these painting projects was $350,000.

In August 2022, Council adopted Resolution 2022-065, awarding a Professional Services Agreement to Ausonio, Inc. for Project Management Services for delivery of nine facility renovation Projects, including these Projects. In February 2023, Council adopted Resolution 2023-041, approving Amendment No. 1 to the Professional Services Agreement with Ten Over Studio to design five of these projects for a fee of $78,900.

In June 2023, Council adopted Resolution 2023-067 approving the carry-over of 25 prior FY CIP projects, including the remaining four Facility Renovation Projects with a carryover budget of $649,000. In July 2023, Council adopted Resolution 2023-073 approving Amendment No. 1 to the Professional Services Agreement with Ausonio, for a FY 2023/24 fee of $125,000 to continue to implement these, and other, facility renovation projects.

Previously, four facility renovation projects were bundled together with the intent that a larger project would attract more construction contractors, be more cost-effectiveness due to economies of scale, and be more efficient for our consultants, contractors, and staff by having to manage one consolidated construction contract rather than multiple contracts. In addition to the two subject painting projects, the previouslybundled bidding documents included the City Hall Roof Replacement and Sunset Center Cottage Window Repair Projects. The design plans and technical specifications for the prior four renovation projects were prepared by Ten Over Studio. M3 Environmental performed hazardous materials sampling and laboratory testing, and prepared remediation specifications. Ausonio provided project management, checked plans, assembled contract documents, and led the public bidding process.

In August 2023, only two bids were received for the four bundled Facility Renovation Projects, and the bids came in well over-budget. In September 2023, Council adopted Resolution 2023-082 rejecting all bids received and directing staff to evaluate alternative contracting methods before re-advertising for bids.

Ausonio and staff scrutinized these bids and subsequently implemented cost-cutting measures prior to readvertising for bids. For example, the prior bundled project was split into three contracts, with this first contract modified to allow painters to directly submit bids. The painting contract documents were also arranged to give Council flexibility to award one or two different contracts if that resulted in a lower total cost to the City. Also, the hazardous materials testing and reporting duties were removed from the contractor’s scope to reduce markups and contingencies, and the City will directly retain a qualified consultant for this effort. In addition, the contract documents and specifications manual were trimmed to remove every general and special condition that is not essential to achieving a high-quality end product.

In November 2023, the subject painting project was extensively re-advertised for bids. Notices were published in the Carmel Pine Cone, Central Coast Builders Association, and posted on the City’s and other public purchasing websites. Seven painting and abatement contractors attended the non-mandatory site tour. Five (5) bid proposals were received and opened at a Public Bid Opening held on December 5, 2023, with the following results:

No. Bidder
Sunset
Center
Exterior
HML
Exterior
Additive Bid
- HML
Interior
Total Bid
-
Project Team
Cost Estimate
$104,000 $106,650 $100,000 $310,650
1 Color New Co. $117,000 $117,000 $107,000 $341,000
2 Primal Painting 53,712 40,696 35,675 $130,083
3 Cypress Painting 98,600 74,390 129,900 $302,890
4 Polychrome
Construction
174,300 73,800 154,400 $402,500
5 Pro-Ex
Construction
149,000 132,000 159,000 $440,000
Only the Bid Proposal from Bidder #1, Color New Co., is responsive because they were the only bidder to acknowledge receipt of the issued Addendum. This acknowledgement is a requirement of a responsive bid proposal and should not be waived.

Color New Co.’s total bid amount of $341,000 is 10% above the Project Team’s cost estimate of $310,650 and 3% higher than non-responsive Bidder #3, Cypress Painting. The total bid of $130,083 from Bidder #2 appears erroneous and not reflective of the required project scope. It should be noted that when the prior, bundled project was bid in August 2023, the total bids for these same painting projects were $448,219 and $537,652. Thus, by implementing these recent cost-cutting measures, the City’s cost for the same work was reduced by at least $107,000.

A Woodland Hills, California-based business established in 2003, Color New Co. possesses the required C-33 Painting and Decorating Contractor’s license. They had favorable references, and in the past few years completed eight other Public Works projects, including a large project on the CSUMB campus.

The bids included one additive task: painting of the interior of the Harrison Memorial Library. Due to the facility’s condition and availability of funding, the Additive Bid of $107,000 is recommended for award at this time. Although the library will need to be closed for up to three weeks, the Carmel Public Library Foundation and library staff are agreeable with proceeding with the interior painting.

A 15% contingency is recommended with this construction contract. Hazardous materials mitigation has inherent risks, especially with historic buildings which cannot be damaged or put out of service for extended periods. Should differing site conditions warrant an urgent field change, this contingency would be immediately available. Any funds remaining will be returned to the CIP fund balance at the completion of the project.

Weather permitting, work will take approximately three months to complete following issuance of the Notice to Proceed. Sunset Center will remain open during painting, and the Contractor’s staging area will be located in the Southwest corner of the parking lot. Harrison Memorial Library will also remain open during exterior painting, and the Contractor will be granted up to four on-street parking spaces along Lincoln Street.

FISCAL IMPACT:

Council initially appropriated $350,000 to these Projects in FY 2022/23 in CIP Account Number 301-311- 00-43008. Total estimated expenses for these painting Projects, including the cost for this construction contract and contingency, is $499,844 as listed below.

No. Company Services Prior Fees
Remaining
Fees
Total
1 Ausonio, Inc.

Project and Construction
Management
$27,597 $22,500 $50,197
2 Ten Over Studio
Architects
Drawings and
Specifications
27,500 0 27,500
M3
Haz Mat Testing,
3 Environmental Specifications, and
Remediation Monitoring
3,950 26,147 30,097
4 Color New Co.

Haz Mat Remediation &
Painting: Sunset Center
Exterior & HML Exterior
and Interior
0 341,000 341,000
5 Color New Co. 15% Contingency 0 51,150 51,150
Total Project Cost $59,047 $440,797 $499,844
The FY 2023/24 CIP including a remaining carry-over budget of $649,000 for these facility renovation projects; however, that amount includes funding for the City Hall Roof Replacement and Sunset Center Cottage Window Repairs, both of which will be re-bid in the coming months. While there is sufficient funding to award this painting contract as recommended, it is unknown at this time if there will be sufficient funding to award contracts for the City Hall Roof Replacement or Cottage Window Repairs, or if the remaining balance in the FY 2023/24 Contingency Fund will be adequate for any overages. Therefore, additional funding may be requested with the FY 2023/24 Mid-Year Budget and/or with the FY 2024/25 Capital Improvement Program to cover projected costs.

PRIOR CITY COUNCIL ACTION:

In June 2022, Council adopted Resolution 2022-048 approving the (CIP) Budget for FY 2022/23, which included the Sunset Center Exterior Painting Project and the Harrison Memorial Library Exterior and Interior Painting Project, with an initial budget of $350,000.

In June 2023, Council adopted Resolution 2023-067 approving the carry-over of 25 prior FY CIP projects, including the remaining four Facility Renovation Projects (subject two painting projects plus the City Hall Roof Replacement and Sunset Center Cottage Window Repairs) with a carryover budget at $649,000. In September 2023, Council adopted Resolution 2023-082, rejecting all bids received for the four renovation projects and directing staff to evaluate alternative contracting methods before re-advertising for bids.

ATTACHMENTS:

Attachment #1 - Resolution 2024-004

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-004

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT WITH COLOR NEW CO., IN THE AMOUNT, WITH CONTINGENCY, OF $392,150, FOR THE

SUNSET CENTER EXTERIOR AND HARRISON MEMORIAL LIBRARY EXTERIOR AND

INTERIOR PAINTING PROJECTS
WHEREAS, the exterior of the historic Sunset Center has not been painted in decades, and, during design, the north wing of the complex was determined to be most in need of painting; and
WHEREAS, painting the exterior and interior of the historic Harrison Memorial Library will satisfy the City’s maintenance obligation and inspire private donations associated with the Libraries Master Planning initiative and future renovations; and WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving the carry-over of 25 prior Fiscal Year Capital Improvement Projects, including four Facility Renovation Projects, with a carryover budget of $649,000; and
WHEREAS, in the Summer of 2023, these two painting projects were bundled with the City Hall Roof Replacement and Sunset Center Cottage Window Repairs Project for efficiency; however, only two bids were received for these four bundled facility renovation projects with bids nearly twice the cost estimate; and
WHEREAS, in September 2023, Council adopted Resolution 2023-082 rejecting all bids and directing staff to evaluate alternative contracting methods before re-advertising for bids; and WHEREAS, the two painting projects were repackaged and extensively re-advertised for bids, and five bid proposals were received for these projects at the Public Bid Opening held on December 5, 2023,
WHEREAS, only Color New Co.’s bid proposal was responsive and included $117,000 for the Sunset Center exterior, $117,000 for the Harrison Memorial Library exterior and $107,000 for the interior, for a total bid of $341,000, which was 10% above the Project Team’s estimate, but saved at least $107,000 from the prior, bundled bid for the same painting work; and WHEREAS, due to the inherent risks associated with remediating hazardous lead paint and asbestos as part of the painting projects, a 15% contingency of $51,150 is recommended, resulting in a total contract amount of $392,150; and
WHEREAS, sufficient funding is available in the Capital Projects fund account.

Attachment 1
Resolution No. 2024-004

Page 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 a Construction Contract with Color New Co., in the amount, with contingency, or $392,150, for the Sunset Center Exterior and Harrison Memorial Library Exterior and Interior Painting Projects.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 9th day of January, 2024, 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
January 9, 2024

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 2024-006 authorizing the City Administrator to execute Amendment No. 2 to the Professional Services Agreement with Ten Over Studio for architectural services for the Sunset Center Portico Design Project, for a fixed fee of $29,500 RECOMMENDATION:

Adopt Resolution 2024-006 authorizing the City Administrator to execute Amendment No. 2 to the Professional Services Agreement with Ten Over Studio for architectural services for the Sunset Center Portico Design Project, for a fixed fee of $29,500.

BACKGROUND/SUMMARY:

In September 2022, following a qualifications-based selection process, a Selection Committee identified Ten Over Studio as best qualified to provide architectural services for facility renovation projects for the City. A Professional Services Agreement (PSA) was prepared with Ten Over Studio with a base fee of $24,999 to provide on-call, as needed services.

In February 2023, Council adopted Resolution 2023-014 authorizing the City Administrator to execute Amendment No. 1 to the PSA with Ten Over Studio for architectural services for five facility renovation projects included in the Fiscal Year (FY) 2022/23 Capital Improvement Plan for a not-to-exceed fee of $78,900. Two of those five renovation projects are on the Agenda for the January 8, 2024 meeting for Council to award a contract for painting the exterior of the north wing of Sunset Center, and the exterior and interior of the Harrison Memorial Library.

In June 2023, Council adopted Resolution 2023-067 approving 25 carry-over projects plus 16 additional projects for the FY 2023/24 Capital Improvement Program, including a $40,000 budget for the Sunset Center Portico Design Project.

In July 203, Council adopted Resolution 2023-073 authorizing the City Administrator to execute Amendment No. 1 to the PSA with Ausonio, Inc. for project management services associated with four carry-over projects, three new facility renovation projects, including the subject Portico Project, and on-call services for a not-to-exceed fee of $125,000 for FY 2023/24.

Amendment No. 2 to the PSA was recently negotiated with Ten Over Studio and is included as Attachment # 2 . Ten Over Studio recognizes that Sunset Center is an historic structure. Their key tasks include for the portico include:

Site visit and progress meetings
Preparing a demolition plan for removal of the prior portico columns Preparing a preliminary roof plan
Preliminary structural engineering to support the portico Preliminary electrical and lighting design
Developing two portico design concepts
Coordinating with Ausonio and City staff
Ausonio will complement this work by checking plans, preparing cost estimates, and coordinating with representatives of Sunset Center as well as with the Public Works and Community Planning and Building Departments.

The design concepts are scheduled to be completed within four weeks following issuance of a Notice to Proceed.

FISCAL IMPACT:

The fee for Ten Over Studio to provide architectural services for the Sunset Center Portico Design concepts is $29,500. The total fee for Ten Over Studio for the original Agreement plus Amendment No. 1 of $78,900 for five prior renovation projects, plus this Amendment No. 2 with a fee of $29,500 for the Portico Design, is $108,400.

The fee for Ausonio to provide project management services for the Sunset Center Portico Design project is $11,000. There are no funds available at this time to complete the final design of the selected Portico nor to move forward with construction. Such funding is anticipated to be programmed as part of the FY 2024/25 CIP.

All expenditures for this project is covered in the Capital Projects Fund Account 301-311-00-43008.

PRIOR CITY COUNCIL ACTION:

In June 2022, Council adopted Resolution 2022-048 approving 25 new FY 2022/23 Capital Improvement Projects, including five facility renovation projects with a combined budget of $720,000.

In June 2023, Council adopted Resolution 2023-067 approving 25 carry-over projects plus 16 additional projects for the FY 2023/24 Capital Improvement Program which included a $40,000 budget for the Sunset Center Portico Design Project.

In July 2023, Council adopted Resolution 2023-073 authorizing the City Administrator to execute Amendment No. 1 to the PSA with Ausonio, Inc. for project management services associated with four carry-over projects, three new facility renovation projects, and on-call services for a not-to-exceed fee of $125,000 for FY 2023/24.

ATTACHMENTS:

Attachment 1) Resolution 2024-006
Attachment 2) Amendment No. 2 to PSA with Ten Over Studio

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-006

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

PROFESSIONAL SERVICES AGREEMENT WITH TEN OVER STUDIO FOR

ARCHITECTURAL SERVICES FOR THE SUNSET CENTER PORTICO DESIGN PROJECT, FOR A FIXED FEE OF $29,500
WHEREAS, In September 2022, following a qualifications-based selection process, Ten Over Studio was determined to be best qualified to provide architectural services for facility renovation projects, and a Professional Services Agreement was prepared with Ten Over Studio, with a base fee of $24,999, to provide on-call, as needed services for the City; and WHEREAS, in February 2023, Council adopted Resolution 2023-014 authorizing the City Administrator to execute Amendment No. 1 to the Agreement with Ten Over Studio for architectural services for five facility renovation projects included in the Fiscal Year (FY) 2022/23 Capital Improvement Program for a not-to-exceed fee of $78,900; and WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving 25 carry-over projects plus 16 additional projects for the FY 2023/24 Capital Improvement Program, including a $40,000 budget for the Sunset Center Portico Design Project; and WHEREAS, Amendment No. 2 to the Professional Services Agreement was negotiated with Ten Over Studio to develop two design concepts for the Sunset Center Portico Project, including preparation of a demolition plan and electrical and structural engineering designs, for a fee of $29,500; 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-THE-SEA DOES HEREBY:

Authorize the City Administrator to execute Amendment No. 2 to the Professional Services Agreement with Ten Over Studio for Architectural Services for the Sunset Center Portico Design Project for a fixed fee of $29,500.

Attachment 1
Resolution No. 2024-006

Page 2 of 2 ends

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 9th day of January, 2024, 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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

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

Resolution 2024-007, authorizing one (1) Free Use Days of the Sunset Center Theater and Lobby to Frans Lanting Studio, in connection with the Bay of Life Fund non-profit organization, to host a "Bay of Life Project" community event in 2024 RECOMMENDATION:

Adopt Resolution 2024-007, authorizing one (1) Free Use Days of the Sunset Center Theater and Lobby to Frans Lanting Studio, in connection with the Bay of Life Fund non-profit organization, to host a "Bay of Life Project" community event in 2024.

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 Frans Lanting Studio reached out to the City in November 2023 to formally request Council to consider granting them 1 (one) free use day of the Sunset Center in connection with their community event, the "Bay of Life Project," scheduled for the spring of 2024 (Attachment 2). The event will encompass exhibitions and other activities aligned with the Bay of Life mission.

Background on the Bay of Life Project
"Bay of Life: From Wind to Whales" was created by Frans Lanting and Christine Eckstrom to showcase Monterey Bay as a unique eco-region. The project was launched in the fall of 2022 as a book with contributions by Leon Panetta and Julie Packard. The first exhibition opened in January 2023 at the Museum of Art and History in Santa Cruz, and Frans and Chris will be staging the exhibition in the spring of 2024 at the Monterey Museum of Art and at CSUMB simultaneously.

As an extension of the Project, Frans Lanting and Christine Eckstrom have established the Bay of Life Fund to support local nonprofit organizations active in conservation and education in the Monterey Bay region, with a focus on partnerships and collaborative efforts with the Bay of Life Project.

Other initiatives include a Bay of Life school curriculum created in collaboration with Santa Cruz County Office of Education, and a partnership with Santa Cruz METRO for an innovative campaign called “One Ride at A Time” that aims to raise money for local nonprofits while showcasing the environmental benefits of public transit.

Frans and Chris have a rich history of community engagement, having conducted over 35 presentations in Santa Cruz since 1990. Their events typically draw a significant audience, with more than 1,000 people attending public gatherings in the Santa Cruz area. The Bay of Life Project aims to further extend its reach by choosing the Sunset Center as the venue due to its large capacity and strategic location near Monterey, Carmel, Santa Cruz, Salinas, and Watsonville. This central location ensures accessibility to a diverse community population.

Recommendation
Staff requests that Council consider adopting the attached Resolution, which will grant 1 of the City's Free Use Days of the Sunset Center in 2024 to the Bay of Life Project to host a community event to bring educational, environmental, and cultural benefits to residents across the Monterey Bay region.

FISCAL IMPACT:

None for this action
PRIOR CITY COUNCIL ACTION:

None for this action
ATTACHMENTS:

Attachment 1) Resolution 2024-007
Attachment 2) Bay of Life Project Request Letter

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-007

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING ONE (1) FREE USE DAYS OF THE SUNSET CENTER THEATER AND LOBBY TO FRANS LANTING STUDIO, IN CONNECTION WITH THE BAY OF LIFE FUND NONPROFIT ORGANIZATION, TO HOST A "BAY OF LIFE PROJECT" COMMUNITY EVENT IN 2024
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 Bay of Life Fund is a non-profit organization active in conservation and education in the Monterey Bay region, with a focus on partnerships and collaborative efforts with the Bay of Life Project launched by Frans Lanting and Chris Eckstrom; and WHEREAS, The Bay of Life Project connects land and sea and people with nature to promote a unified view of the Monterey Bay region through publications, exhibitions, events, and partnerships.

The Project aims to stimulate engagement that contributes to a sustainable future for the Bay of Life; and
WHEREAS, the Frans Lanting Studio, in connection with their non-profit organization Bay of Life Fund, has requested 1 free use day of the Sunset Center in the spring of 2024 to host a community event, the “Bay of Life Project”; and
WHEREAS, the support of the City in granting a free use day of the Sunset Center for this community event will provide a venue to bring educational, environmental, and cultural benefits to residents across the Monterey Bay region.

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

Authorize Frans Lanting Studio, in connection with the Bay of Life Fund non-profit, one (1) of the City's Sunset Center Free Theater Days for their “Bay of Life Project” community event in Spring 2024.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTA IN:

APPROVED: ATTEST:
________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Nov 17, 2023, 12
to me, Chip
Frans Lanting Office
Hi Nova,
Thanks again for your response to our inquiry.

We would be grateful if you would be able to put our letter in front of the appropriate individual or individuals within Carmel’s City Council who may be able to consider our request to one of the City’s Free Use days at the Sunset Center for a Bay of Life community event.

Please let us know if you have any questions or need further information.

Sincerely,
Talia
To Whom it May Concern,
"Bay of Life: From Wind to Whales" was created by Frans Lanting and Christine Eckstrom to showcase Monterey Bay as a unique eco-region. The project was launched in the fall of 2022 as a book with contributions by Leon Panetta and Julie Packard. The first exhibition opened in January 2023 at the Museum of Art and History in Santa Cruz, and we will be staging the exhibition in the spring of 2024 at the Monterey Museum of Art and at CSUMB simultaneously.

We are now seeking a venue to host a "Bay of Life" community centered event by Frans Lanting and Christine Eckstrom during the spring of 2024 in the Monterey/Carmel area in connection with the exhibitions and other activities.

Frans and Chris have done more than 35 community presentations in Santa Cruz since 1990. They have a significant following around Monterey Bay. When they schedule public events in the Santa Cruz area, more than 1,000 people typically show up.

We are drawn to the Sunset Center as a venue because of its large capacity and proximity to Monterey, Carmel and other surrounding cities such as Santa Cruz, Salinas and Watsonville. It is an ideal location for reaching a diverse community population.

We have approached the Sunset Center who has informed us that they would not be able to sponsor such an event, but that a "Bay of Life" community event may be eligible for consideration by the City of Carmel for one of the City’s Free Use dates. If this is something that the City Council would be interested in, we would appreciate the chance to further discuss our proposal and how we might be able to proceed.

Attached is a summary of the Bay of Life Project to give you some background information.

For more information about Frans and Chris, click on each name.

We look forward to hearing from you.

Sincerely,
Talia Lipskind

BAY OF LIFE
Frans Lanting Studio
108 High Road
Santa Cruz, CA 95060 USA
+1-831-429-1331
[email protected]
Lanting.com
BayofLife.net
Attachment 2
Attachment 2
The Bay of Life is a unique confluence
of land and sea,
energized by the sun,
shaped by the forces of fog and fire,
and influenced by the actions of people.

Attachment 2
BAY OF LIFE: FROM WIND TO WHALES
Frans Lanting and Chris Eckstrom
VISION:

California’s Monterey Bay region is the hottest hotspot for biodiversity in all of North America today, according to a study by the Nature Conservancy. Yet a hundred years ago the region was more like a hotspot of ecological collapse. Onshore, the Santa Cruz Mountains were clearcut and few redwood trees were left standing. Offshore, the marine resources of the bay had been decimated by whalers, sealers, and fishers.

The recovery of Monterey Bay since then is a remarkable environmental success story which shows that damaged ecosystems can be restored when people care and act together. It is a story of hope as we are faced with new challenges ranging from expanding access to nature for more communities to improving natural resource stewardship, extending habitat connectivity, and adapting to climate change.

Humpback Whales, 2019 Frans Lanting
Attachment 2
PROJECT:

The Bay of Life Project connects land and sea and people with nature to present a unified view of the Monterey Bay region.

The Project features a book in multiple editions, a traveling exhibition, a website, events, partnerships, a public transit campaign, an educational initiative, a charitable fund, and more.

Bay of Life combines art with conservation through education and engagement for the purpose of contributing to a sustainable future for the Bay of Life as whole.

See and hear more: Bay of Life Project video
Redwoods, 2015 Frans Lanting
Attachment 2
PARTNERS:

Partnerships are a vital component of the Bay of Life Project. We embrace partners to elevate visibility for the work they are doing and to expand the reach of the Project.

Partners are acknowledged in the book, on the website, and are given opportunities to participate at exhibitions and events.

The Bay of Life Project produces and distributes media content to partners such as Watsonville Wetlands Watch for their educational and fundraising needs.

See a list of Bay of Life partners here.

Watsonville Wetlands Day, 2023 Frans Lanting
Attachment 2
BOOKS:

The first edition of Bay of Life: From Wind to Whales was published in the fall of 2022 by Earth Aware Editions, along with a special Collector’s Edition for donors, influencers, and supporters. The publishing plan includes a Spanish-language softcover edition for 2024, along with a softcover English-language edition.

The book content can be viewed here: Bay of Life book layout EXHIBITS:

The first exhibition opened in January 2023 at the Museum of Art and History in Santa Cruz. The exhibition will be staged next in the spring of 2024 at the Monterey Museum of Art and at CSUMB simultaneously.

Exhibit at the Museum of Art and History, 2023
Attachment 2
WEBSITE:

The Bay of Life website serves as a portal that features content from the book and the exhibit, videos created for partners, a calendar of events, and more. Partners are described with their mission statements and links to their websites.

Check: https://bayoflife.net/
EVENTS:

In-person and virtual events are produced in collaboration with different partners for a variety of audiences. To date, more than 3,000 people have attended in-person presentations and many more have joined for virtual programs. A list of events is here.

Bay of Life has received extensive media coverage. Links to print, online, radio, and television stories are here.

Frans Lanting and Chris Eckstrom at the Monterey Bay Economic Partnership Conference, 2022
Attachment 2
EDUCATION:

We developed a partnership with the Santa Cruz County Office of Education to create a new school curriculum based on the Bay of Life book. We provided the content of the book and fostered a collaboration with local educational organizations to customize the curriculum.

The initial version has been launched and may be viewed here.

This site provides links to images from the book along with TK-12 education resources and local field trip programs curated to bring the themes from Bay of Life to many classrooms in Santa Cruz County.

Bay of Life school curriculum website home page, 2023
Attachment 2
“ONE RIDE AT A TIME" CAMPAIGN:

We have developed a partnership with Santa Cruz METRO for an innovative campaign called “One Ride at A Time” that aims to raise money for local nonprofits while showcasing the environmental benefits of public transit.

More than two dozen new clean air buses will be decorated with images from Bay of Life as an eye-catching expression of the campaign. The first 15 buses are already in service.

A portion of the proceeds from rides on METRO buses over the next two years will be donated to the Bay of Life Fund for distribution to local environmental nonprofits associated with the Bay of Life Project.

Santa Cruz METRO buses decorated with Bay of Life images, 2023 Attachment 2
CONSERVATION:

A mosaic of protected areas shelter Monterey Bay’s unique ecological diversity and provide access for people to experience nature. Improvements need to be made to achieve more connectivity and to reach California’s statewide goal to protect 30 percent of its land and marine areas by 2030 as part of the “30 x 30” global campaign.

This is an original map created for the Bay of Life Project that shows all protected areas, terrestrial and marine, in the larger Monterey Bay area. Bay of Life highlights past achievements in land and sea conservation and embraces new priorities of project partners.

Attachment 2
NEW FIELDWORK:

Monterey Bay’s riverine systems merit more attention than they have received until now.

The extreme weather events of this past winter that caused extensive flooding in the Salinas and Pajaro Valleys present a historic opportunity to document their dynamic natural qualities.

Salinas River Flooding, 2023 Frans Lanting
Attachment 2
Frans Lanting has been hailed as one of the great photographers of our time. His influential work appears in books, magazines, and exhibitions around the world and has been commissioned frequently by National Geographic, where he was a Photographer in Residence. Lanting’s books have received awards and acclaim:
“No one turns animals into art more completely than Frans Lanting,” writes The New Yorker. His books include Into Africa, LIFE, Jungles, Penguin, Eye to Eye, Living Planet, Bonobo, Okavango, Forgotten Edens, and Madagascar: A World Out of Time.

Lanting has received numerous awards for his work as a photographer and conservationist, including top honors from World Press Photo, the Sierra Club’s Ansel Adams Award, and the prestigious Wildlife Photographer of the Year’s first Lifetime Achievement Award. He serves as an Ambassador for the World Wildlife Fund, on the Leadership Council of Conservation International, and on the International Board of WildAid. H.R.H. Prince Bernhard inducted him as a Knight in the Royal Order of the Golden Ark, the Netherlands’ highest conservation honor.

Chris Eckstrom is a writer, editor, and videographer. She is the author of Forgotten Edens, and as a staff writer she contributed to many books published by the National Geographic Society. She earned a Lowell Thomas Award for Best Magazine Article on Foreign Travel for her National Geographic Traveler story, “The Last Real Africa.” The editor of Into Africa, Life, Jungles, Penguin, Eye to Eye, and Okavango, she has also produced stories for the National Geographic Channel. Eckstrom and Lanting travel around the world for their fieldwork and collaborate on publishing projects from their home base in Santa Cruz, California.

FRANS LANTING STUDIO
108 HIGH ROAD, SANTA CRUZ, CALIFORNIA 95060 USA
+1-831-429-1331 • [email protected] • WWW.LANTING.COM
BAYOFLIFE.NET
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Resolution 2024-008 ratifying an appointment to the Forest and Beach Commission RECOMMENDATION:

Adopt Resolution 2024-008 ratifying an appointment to the Forest and Beach Commission.

BACKGROUND/SUMMARY:

Background
On November 9, 2023, the City Clerk’s office received a resignation letter from Forest and Beach Commissioner Brian Sours. In adherence to the California Maddy Act and the Council's appointment policy, the City advertised the unscheduled vacancy on the Forest and Beach Commission. The application submission period concluded on December 6, 2023, for the specified vacancy:

Forest and Beach Commission: One (1) seat - Term expiring on May 30, 2025.

Five qualified applications were received from individuals residing within the City or its sphere of influence, included as Attachment 1.

Recommendation
An Ad Hoc Committee, consisting of Mayor Potter and Mayor Pro Tem Richards, interviewed the applicants for the Forest and Beach Commission vacancy on December 11, 2023. The applicants demonstrated a notable commitment to community service and a genuine desire to contribute to the Carmel-by-the-Sea community. The Ad Hoc Committee extends appreciation to all community members, representing diverse backgrounds and exceptional skill sets, who actively participated in the application and interview process.

After thorough deliberation, the Ad Hoc Committee recommends the appointment of the following individual to fill the Forest and Beach Commission vacancy, thereby completing Commissioner Brian Sours' term:

Gerald Montmorency - term expiring May 30, 2025
Staff recommends the Council's adoption of the attached Resolution to formally ratify the appointment to the Forest and Beach Commission (Attachment 2).

FISCAL IMPACT:

None for this action
PRIOR CITY COUNCIL ACTION:

None for this action
ATTACHMENTS:

Attachment 1) Forest and Beach Commission applications (redacted) Attachment 2) Resolution 2024-008
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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-008

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

RATIFYING AN APPOINTMENT TO FOREST AND BEACH COMMISSION WHEREAS, City Boards and Commission perform a valuable service to the City by providing means by which the City Council can obtain advice, opinions, and recommendations of City residents and other members of the community; and
WHEREAS, there is a need to appoint a member to the Forest and Beach Commission to complete a vacant term ending May 30, 2025; and
WHEREAS, the Mayor and Mayor Pro Tempore comprised the Ad Hoc Committee and interviewed five (5) qualified applicants on December 11, 2023; and WHEREAS, the applicants demonstrated a strong commitment to service and a desire to serve the Carmel-by-the-Sea community; and
WHEREAS, the Ad Hoc Committee is appreciative of all community members who filled out an application and participated in the interview process.

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

Appoint Gerald Montmorency to serve on the Forest and Beach Commission effective January 9, 2024, completing an unexpired term ending May 30, 2025.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-009 awarding a Professional Services Agreement to PAST Consultants, LLC, for a not-to-exceed fee of $79,380, to provide consultant support for the “Phase II” update to the City's Historic Context Statement RECOMMENDATION:

Adopt Resolution 2024-009 awarding a Professional Services Agreement to PAST Consultants, LLC, for a not-to-exceed fee of $79,380, to provide consultant support for the “Phase II” update to the City's Historic Context Statement
BACKGROUND/SUMMARY:

The City's Historic Context Statement, together with General Plan preservation policies, serves as the foundation for the City's historic preservation program. The current Historic Context Statement was originally adopted by the City Council in 1994, and subsequently updated 1997, in 2008, and most recently “Phase I” in 2023.

Carmel's Historic Context Statement covers historical periods relevant to the City prior to 1965. The Context Statement is organized into themes and development periods which are used to evaluate the significance of properties in the City's ongoing historical survey process. The Context Statement also aids in preparing State of California Department of Parks and Recreation (DPR) records. Carmel-by-the-Sea has adopted comprehensive historic preservation policies as part of the General Plan and implements these policies through the Historic Preservation Ordinance.

On October 27, 2023, the City issues RFP #23-24-2023 seeking proposals from qualified professionals to assist in “Phase II” of updating the City's Historic Context Statement (Attachment 3). The stated scope of the project included: (1) updating the earlier eras and architectural styles covered in the Historic Context Statement to be consistent with the formatting of the newer 1966 through 1986 portion; (2) reworking the current context statement categories of prehistory and Hispanic settlement; economic development; government, civic and social institutions; architectural development; and arts and culture into a chronologically-ordered narrative; (3) conducting tribal outreach as appropriate to update the “Prehistory and Hispanic Settlement” content (4) updating the bibliography and appendices; (5) verifying and updating all source data throughout; and, (6) assisting/participating in public meetings as needed. At the time when the submission period closed, the City received (1) responsive proposal. A selection committee of the City's Principal Planner and Director of Community Planning and Building reviewed the proposal. Ultimately, the selection committee felt that PAST Consultants, LLC, having successfully prepared “Phase I” of the project was the correct choice for the project based on factors of both qualifications and cost. A Professional Service Agreement (PSA) with Exhibits, and Resolution to approve this agreement have been included as Attachment 2. The "not to exceed" amount of this PSA is $79,380.

FISCAL IMPACT:

This project was included as part of the FY2023-24 Community Planning and Building department budget ($80,000). Funding for this project will come in part from a California State Certified Local Government (CLG) grant in the amount of $40,000.

PRIOR CITY COUNCIL ACTION:

In April, 2022, Council approved a contract with PAST Consultants, LLC for "Phase I" of this project.

ATTACHMENTS:

Attachment 1) Resolution 2024-009
Attachment 2) PSA and Exhibits
Attachment 3) RFP #23-24-2023

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-009

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH PAST CONSULTANTS, LLC, FOR A NOT-TO-EXCEED AMOUNT OF $79,380 TO SUPPORT “PHASE II” UPDATES TO THE CITY’S HISTORIC CONTEXT

STATEMENT
WHEREAS, the City’s Historic Context Statement, together with General Plan preservation policies, serves as the foundation for the City’s historic preservation program; and WHEREAS, the City wishes to keep these guiding and regulatory documents current and relevant as to be the most beneficial to the City; and
WHEREAS, RFP #23-24-003 requesting proposals from qualified professionals to assist with updating the City’s Historic Context Statement was properly noticed and advertised for a period from 10/27/2023 to 11/13/2023
WHEREAS, responsive proposals were reviewed and ranked by a technical subcommittee of the City’s Principal Planner and Director of Community Planning and Building; and WHEREAS, PAST Consultants’ proposal was found to be superior to the others based both qualifications and cost.

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

Authorize the City Administrator to execute a Professional Services Agreement with PAST Consultants, LLC, for a not-to-exceed amount of $79,380, to support updating the City’s Historic Context Statement.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 9 th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Attachment 1
Resolution 2024-009

Page 2 ends

Dave Potter
Mayor
Nova Romero
City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for the
City of Carmel-by-the-Sea Historic Context Statement Update – “Phase II” Agreement No. PBD-PAST-39-23-24
THIS AGREEMENT is executed this ____ day of January, 2024, by and between the City of Carmel-ByThe-Sea, a municipal corporation, (hereinafter "City"), and PAST Consultants, LLC, (hereinafter "Consultant"), collectively referred to herein as the “parties”.

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

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

1. SERVICES
A. Scope of Services. Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: “Phase II” Historic Context Statement Update, to involve, (1) updating the earlier eras and architectural styles covered in the Historic Context Statement to be consistent with the formatting of the newer 1966 through 1986 portion; (2) reworking the current context statement categories of prehistory and Hispanic settlement; economic development; government, civic and social institutions; architectural development; and arts and culture into a chronologically-ordered narrative; (3) conducting tribal outreach as appropriate to update the “Prehistory and Hispanic Settlement” content (4) updating the bibliography and appendices; (5) verifying and updating all source data throughout; and, (6) assisting/participating in public meetings as needed. The Scope of Services is attached hereto as Exhibit “A.” The Scope of Services under this Agreement should include, but is not limited to, a project description, project phases, task descriptions, identification of key personnel, identification of subconsultants, their key personnel and general description of services that will be performed, as further set forth in this Agreement and attachments hereto. Consultant agrees to all of the following:
i. Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement. ii. Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit A, which is made a part of this Agreement.

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
2 iii. Consultant must make every reasonable effort to maintain the stability and continuity of Consultant’s key personnel and subcontractors, if any, listed in Exhibit A to perform the services required under this Agreement. Consultant must notify City and obtain City’s written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.
iv. Consultant must obtain City’s prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation. v. Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described in this Agreement.

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

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

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

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
3 C. Familiarity with Services and Site.
i. By executing this Agreement, Consultant represents that Consultant:
a. has thoroughly investigated and considered the Scope of Services to be performed; b. has carefully considered how the services should be performed; c. understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
d. possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
ii. If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.

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

2. COMPENSATION
A. Total Fee. Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Key Personnel, Compensation, and Fee Schedule (Exhibit “B”), in a base amount not-to-exceed Seventy Nine Thousand Three Hundred and Eighty Dollars ($79,380), which is the “Maximum Authorized Expenditure” under this Agreement. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount. Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.

B. Invoicing. Consultant must submit to the City monthly written invoices to the City’s Project Representative, identified in Section 5 below. Invoices must be prepared in a form satisfactory to the City, describing the services rendered and associated costs for the period covered by the invoice. The City will provide invoicing format upon request. Consultant may not bill the City for duplicate services performed by more than one person. Consultant’s invoices must include, but are not limited to, the following information:
i. Project Title, the City’s Purchase Order number and City’s Project Code(s) for each project; ii. Invoice number and date;
iii. A brief description of services performed for each project phase and/or task; DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
4 iv. The budgeted amount for each phase, task and item, including the total amount, with the same for approved Change Orders, if any;
v. Amount invoiced to date divided by the agreed total compensation, expressed as a percentage, with the same for approved Change Orders, if any; vi. The amount earned and invoiced to date for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; vii. The amount previously invoiced for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; viii. The amount due for the period covered by this invoice for each phase, task, and/or item, including the total amount, with the same for approved Change Orders, if any; ix. For time and materials authorizations, the number of hours spent, by whom and their hourly rate for each phase, task and/or item, including the total amount; x. The costs incurred, including reimbursables, for each phase, task, and/or item for the agreed total compensation and approved Change Orders, if any, along with a brief description of those costs;
xi. The total amount due for the period covered by this invoice, including subconsultants and vendors of services or goods;
xii. Copies of subconsultant, vendor, and reimbursable invoices including hourly breakdowns when requested by City.
xiii. Copies of subconsultant and vendor lien releases.

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

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

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

Except as to any charges for work performed or expenses incurred by Consultant that are disputed by City, the City will pay on each such invoice within thirty (30) days of receipt; provided, however, that Consultant submits an invoice which is not incorrect, incomplete, or not in accord with the provisions of this Agreement. If any charges or expenses are disputed by City, the invoice will be returned by City to Consultant for correction and resubmission, and the City will not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. Payment to Consultant for services performed under this Agreement may not be deemed to waive any defects in the services performed by Consultant, even if such defects were known to City at the time of DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
5 payment. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant’s work is found to be non-conforming to the terms of this Agreement.

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

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

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

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

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

F. Audit and Examination of Accounts:
i. Consultant must keep and will cause any assignee or subconsultant under this Agreement to keep accurate books of records and accounts, in accordance with sound accounting principles, which pertain to services to be performed under this Agreement. ii. Any audit conducted of books of records and accounts must be kept in accordance with generally accepted professional standards and guidelines for auditing. iii. Consultant must disclose and make available any and all information, reports, books of records or accounts pertaining to this Agreement to the City and any city of the County of Monterey, or other federal, state, regional or governmental agency which provides funding for these Services.
iv. Consultant must include the requirements of Section 2F, “Audit and Examination of Accounts,” in all contracts with assignees or subconsultants under this Agreement.

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
6 v. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of the Services. All records, which pertain to actual disputes, litigation, appeals or claims, must be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.

3. AGREEMENT TERM
A. Term. The work under this Agreement will commence by January 15th, 2024 and must be completed by June 30th, 2025 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders),” in a timely manner or in accordance with the agreed upon Change Order Project Schedule.

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

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

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

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

4. CONSULTANT’S EMPLOYEES AND SUBCONSULTANTS
A. Listed Employees and Subconsultants. Consultant will perform the Services using the individuals listed in the Key Employees and Subconsultants List attached hereto in Exhibit “B.” B. Substitution of Employees or Subconsultants:
i. Consultant may not substitute any key employee or subconsultant listed in Exhibit “B” without the prior written approval of the City, and such approval will not be unreasonably DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
7 withheld. The City will not approve removal or substitution of employees or subconsultants for the reason that Consultant or its affiliates has called on such individuals to perform services for another client of the Consultant.
ii. If, at any time, the City reasonably objects to the performance, experience, qualifications or suitability of any of Consultant’s employees or subconsultants, then Consultant may, upon written request from the City, replace such employee or subconsultant. Consultant must, subject to scheduling and staffing considerations, make reasonable efforts to replace the individual with an individual of similar competency and experience. iii. Whether or not the City consents to, or requests a substitution of any employee or subconsultant of Consultant, the City will not be liable to pay additional compensation to Consultant for any replacement or substitution.

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

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

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

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

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

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
8 5. REPRESENTATIVES AND COMMUNICATIONS
A. City’s Project Representative. The City appoints the individual named below as the City’s Project Representative for the purposes of this Agreement (“City’s Project Representative”). The City may unilaterally change its project representative upon notice to Consultant.

Name: Katherine Wallace
Title: Associate Planner
Address: PO Box CC, Carmel-by-the-Sea, CA, 93921
Telephone: 831-620-2032
Email: [email protected]
B. Consultant’s Project Manager. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement (“Consultant’s Project Manager”).

Name: Seth A. Bergstein
Title: Principal
Company: PAST Consultants, LLC
Address: PO Box 721, Pacific Grove, CA, 93950
Telephone: 415-515-6224
Email: [email protected]
C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as may be required by the City to insure timely and adequate performance of this Agreement.

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

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

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant will defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless the City and its officers, designated agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against claims, loss, cost, damage, injury expense and liability (including incidental and consequential damages, Court costs, reasonable attorneys' fees as may be determined by the Court, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant or subcontractor, anyone directly or indirectly employed by them, DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
9 or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee will not apply to the extent that such Liabilities are caused in part by the active negligence or willful misconduct of such Indemnitee.

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

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

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

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

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

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

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

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

Exception may be made for the State Compensation Insurance Fund when not specifically rated.

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
10 ii. Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. All liability and auto policies must:
a. Provide an endorsement naming the City of Carmel-by-the-Sea, its officers, officials, employees, and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
b. Provide that such Consultant’s insurance is primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City is excess to the Consultant’s insurance and will not contribute with it.
c. Contain a “Separation of Insureds” provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent.
d. Provide for a waiver of any subrogation rights against the City via an ISO CG 24 01 10 93 or its equivalent.
iv. Prior to the start of work under this Agreement, Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City. Consultant will file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file.
v. Neither the insurance requirements hereunder, nor acceptance or approval of Consultant’s insurance, nor whether any claims are covered under any insurance, may in any way modify or change Consultant’s obligations under the indemnification clause in this Agreement, which will continue in full force and effect. All coverage available to the Consultant as named insured will also be available and applicable to the additional insured. Notwithstanding these insurance requirements, Consultant is financially liable for its indemnity obligations under this Agreement.
vi. All policies must be written on a first dollar coverage basis or contain a deductible provision. Any deductibles or self-insured retentions (“SIR”) must be declared to and approved by the City. At the option of the City, either: the insured will reduce or eliminate such deductibles or SIR as respects the City, its officers, officials, employees and volunteers; or Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. In no event will any SIR or insurance policy contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured, or by any means including other insurance, or which is intended to defeat the intent or protection of an additional insured.

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
11 vii. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. viii. Consultant must require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements in this Agreement. ix. If Consultant, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant’s expense and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement. x. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant’s indemnity obligations under this Agreement.

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

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

B. Consultant, its agents, employees, and subconsultants must perform all Services in a safe and skillful manner consistent with the usual and customary standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields in accordance with sound professional practices. All work product of Consultant must comply with all applicable laws, rules, regulations, ordinances and codes. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and will advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. All Services performed under DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
12 this Agreement that are required by law to be performed or supervised by licensed personnel must be performed in accordance with such licensing requirements.

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
13 Consultant agrees that all copyrights, which arise from creation of the work or Services pursuant to this Agreement, will be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Consultant covenants that it will defend, indemnify and hold City harmless from any claim or legal action brought against the City for alleged infringement of any patent or copyright related to City’s use of Materials produced by Consultant and its employees, agents and subconsultants under this Agreement.

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

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

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

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

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

All Scopes of Services and related documents received will be public records, with the exception of those elements, identified by the Consultant as business trade secrets and are plainly marked “Trade Secret,” “Confidential,” or “Proprietary.” If disclosure is required under the PRA or DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
14 otherwise by law, the City will not be liable or responsible for the disclosure of any such records and the Consultant will indemnify, defend, and hold the City harmless for any such disclosure.

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

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

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

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

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

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
15 B. Negotiations. First, the City’s Project Representative and Consultant’s Project Manager will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid, and timely disclosure of all relevant facts, information, and documents to facilitate negotiations. Should these negotiations be unsuccessful in resolving the Dispute, the matter will be promptly referred to the City Administrator or designee, and the Consultant’s Principal, who will meet and confer, in good faith, to resolve the Dispute to mutual satisfaction of the parties.

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

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

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

14. TERMINATION OF AGREEMENT
A. Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Consultant or any subconsultant defaults or fails to deliver the Services in accordance with the terms and conditions of this Agreement. Such termination must be in writing, setting forth the effective date of termination, and will not result in any penalty or other charges to the City, and may be issued without any prior notice. Without limitation, Consultant is in default of its obligations contained in this Agreement if Consultant, or any subconsultant:

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
16 i. Fails to perform the required Services within the term and/or in the manner provided under this Agreement;
ii. Fails to supply sufficient, properly skilled workers or proper workmanship, products, material, tools and equipment to perform the Services;
iii. Fails to observe or comply with all laws, ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, state, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
iv. Fails to observe or comply with the City’s reasonable instructions; v. Breaches the Conflict of Interest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.

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

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

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
17 15. LEGAL ACTION / VENUE
A. Should either party to this Agreement bring legal action against the other, the validity, interpretation and performance of this Agreement will be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

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

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

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

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

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

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

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

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
18 F. Conflict between Agreement and Exhibits. In the event of a conflict between a provision in this Agreement and a provision in an Exhibit attached to this Agreement, the provisions in this Agreement will take precedence.

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
19 IN WITNESS WHEREOF, the parties enter into this Agreement hereto on the day and year first above written in Carmel-by-the-Sea, California.

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

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

By: _________________________________ Date: ______________________ Nova Romero, MMC, City Clerk

ATTACHMENTS
Exhibit “A” Scope of Services, Personnel, Fees, and Schedule DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Seth Bergstein
PAST Consultants, LLC
Principal
1/3/2024
Attachment 2

EXHIBIT A
Scope of Services, Personnel, Fees, and Schedule
DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
P.O. Box 721
Pacific Grove, CA 93950
www.pastconsultants.com
Seth A. Bergstein
415.515.6224
[email protected]
________________________________________________________________________________ November 4, 2023
Katherine Wallace, Associate Planner
City of Carmel-by-the-Sea
PO Box CC
Carmel, CA 93921
Re: Carmel-by-the-Sea Historic Context Statement Update – Phase Two Proposal Response to RFP 23-24-003
Dear Ms. Wallace:

At the City of Carmel-by-the-Sea’s request, the following proposal response provides a proposed Scope of Work, Table of Contents and Fee Estimate for Phase Two of the Carmel Historic Context Statement (Carmel HCS) Update. In 2022, PAST Consultants, LLC (PAST) successfully completed the Certified Local Program (CLG)-funded Carmel HCS 1966 – 1986 update.

Methodology to Date
The 2022 Carmel HCS update was a collaborative process between the California State Office of Historic Preservation (SHPO), Carmel Planning Staff, the Carmel Historic Resources Board (HRB) and the public. Preparation of the update allowed PAST and Carmel Planning Staff to analyze and evaluate the present document and to understand its strengths and inadequacies. Meetings with the Carmel HRB and the public confirmed that a second phase of the Carmel HCS update is necessary to make the document be a more effective evaluative tool for assessing potential historic properties.

In summary, the present document contains structural and narrative issues, such as:

1. The present document lacks a chronological structure that would aid evaluation of potential historic properties.

2. Related to Number 1 above, the existing themes are too broad in scope and time period. For example, the theme “Economic Development” spans a long time period (1846-1986) and is too general to apply to Carmel’s unique architectural development.

3. While the present historical development is detailed and thorough, portions of the narrative are repetitive or inconsistent and may contain factual errors.

DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
Katherine Wallace Page 2
Carmel-by-the-Sea HCS Update Phase Two: Proposal Response to RFP 23-24-003 November 4, 2023

4. The present document does not contain an evaluative methodology for establishing historic significance and historic integrity for specific properties. This necessary evaluative methodology was partially addressed by our consultant team in the 1966-1986 Carmel HCS update by placing integrity threshold tables in the Architectural Development chapter. However, this methodology should be tailored and applied to every theme/time period within the document.

5. The present document does not contain an introductory chapter that presents the historic significance criteria (Federal, State and Local), describes the process of evaluating historic integrity and summarizes historic preservation efforts within the City.

6. Historic context statements should be visual documents. Until the completion of the 1966-1986 Carmel HCS update by PAST, the document had no photographs of important historic properties, or Carmel architectural styles.

7. Related to Number 6 above, the document does not contain photographs of typical styles, nor does it contain lists of character defining features for each style, both of which are critical for purposes of determining historic integrity.

Based on what the project team has learned from our recent Carmel HCS update process and the requirements of this RFP, PAST proposes the following Table of Contents, Scope of Work and Fee Estimate to address the needs of the present document.

PAST Consultants: Summary of Qualifications
Seth Bergstein, Principal of PAST Consultants, LLC, began his technical career as a civil, structural and geotechnical engineer for a variety of commercial and transportation engineering projects. This experience created an appreciation for historic engineering and architectural structures and led him to architectural study at the University of Oregon and a Master of Arts in Historic Preservation from Cornell University. After Cornell, Seth was an architectural historian, materials conservator and project manager for Architectural Resources Group and managed projects for a diverse range of historic building types, including the Point Reyes Lighthouse, Bernard Maybeck’s First Church of Christ, Scientist, Pasadena City Hall, the John Muir House, and a number of historic bridges, including project management for the restoration of the Wawona Covered Bridge in Yosemite National Park.

In 2004, Mr. Bergstein founded PAST Consultants, LLC (PAST), a historic preservation consulting firm specializing in preservation planning, documentation, and conservation of historic and cultural resources. PAST’s clients include the State of California, public agencies, architectural and engineering firms, museums, nonprofit organizations, preservation advocates and private property owners. PAST is represented on the California Historical Resources Information System (CHRIS) list of qualified historic consultants sponsored by the California Office of Historic Preservation and is on numerous certified consultant lists for public agencies throughout California.

PAST has prepared successful National Register nominations, written historic context statements for public agencies, photo-documented historic buildings for HABS/HAER projects, prepared historic structure reports and evaluated numerous historic buildings throughout central and northern California for both public and private clients. PAST is often hired to evaluate proposed changes to historic buildings for conformance with the Secretary of the Interior’s Standards for the Treatment DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
Katherine Wallace Page 3
Carmel-by-the-Sea HCS Update Phase Two: Proposal Response to RFP 23-24-003 November 4, 2023 of Historic Properties. PAST is presently the on-call historic preservation consultant for the City of Carmel-by-the-Sea and the City of Capitola.

Principal Seth Bergstein has over 30 years combined experience in civil and structural engineering, materials conservation, architectural history and historic preservation planning. Seth meets the Secretary of the Interior’s Professional Qualifications Standards in Architectural History and History. Mr. Bergstein has been keynote speaker at preservation conferences, has written articles on historic contexts and the preparation of historic context statements, provided historic preservation training to city planning staff and has led architectural tours. He is a member of the Alliance of Monterey Area Preservationists (AMAP) and is founding board member of the Monterey Area Architectural Resources Archive (MAARA).

Previous Certified Local Government (CLG) Experience
In 2010 and 2011 PAST was awarded two CLG-funded projects through the California State Office of Historic Preservation (SHPO): the 2010 Historic Context Statement for Agricultural Resources in the North County Planning Area, Monterey County and the 2011 Agricultural Resources Evaluation Handbook, Monterey County, California. The latter project was a collaborative effort with Monterey County, the California State Office of Historic Preservation (SHPO) and the community to develop a methodology for evaluating historic agricultural resources as a model for all regions of California. Both public reports are published on the Monterey County housing and community development website.

In 2022, PAST completed the Certified Local Program (CLG)-funded Carmel HCS 1966 – 1986 update.

Proposed Table of Contents

EXECUTIVE SUMMARY
I. INTRODUCTION
A. Project Team
B. Funding
C. Project Description

1. Previous Updates to the Historic Context Statement
a. Synthesis of Previous Versions into a Single Cohesive Document

2. Project Objectives

3. Project Methodology
a. Historical Research
b. Field Reconnaissance Survey
c. Tribal Outreach
d. Project Meetings
e. Project Limitations
D. How to Use This Document
E. Acknowledgments
DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
Katherine Wallace Page 4
Carmel-by-the-Sea HCS Update Phase Two: Proposal Response to RFP 23-24-003 November 4, 2023 II. IDENTIFYING AND EVALUATING HISTORIC RESOURCES
A. Purpose and Goals of Historic Context Statements
B. Eligibility Criteria

1. National Register of Historic Places (NR)

2. California Register of Historical Resources (CR)

3. Carmel-by-the-Sea Historic Resources Inventory (HRI) a. Historic Preservation Efforts in Carmel-by-the-Sea
b. Creation of the Carmel-by-the-Sea HRI

4. The Carmel Register of Historic Resources
C. Historic Integrity
D. Property Type Registration Requirements: Introduction to the use of Eligibility Criteria and Integrity Thresholds
III. HISTORIC THEMES, ASSOCIATED PROPERTY TYPES, ELIGIBILITY

CRITERIA AND INTEGRITY THRESHOLDS
A. Introduction and Chapter Format

1. Historic Themes for Carmel Architectural Resources

2. Chapter Format and Limitations
a. Chapter Format
b. Chapter Limitations

3. Theme and Property Type Example
B. Theme 1: Prehistory and Hispanic Settlement (1542-1846) C. Theme 2: Carmelo (1847-1903)

1. Introduction

2. Carmelo: Historic Context

3. Associated Property Types, Eligibility Requirements and Integrity Thresholds D. Theme 3: Seacoast of Bohemia (1904-1923)

1. Introduction

2. Seacoast of Bohemia: Historic Context

3. Associated Property Types, Eligibility Requirements and Integrity Thresholds E. Theme 4: Village in a Forest (1924-1945)

1. Introduction

2. Village in a Forest: Historic Context

3. Associated Property Types, Eligibility Requirements and Integrity Thresholds F. Theme 5: Postwar Development (1946-1965)

1. Introduction

2. Postwar Development: Historic Context

3. Associated Property Types, Eligibility Requirements and Integrity Thresholds G. Theme 6: Continuity in Change (1966-1986)

1. Introduction

2. Continuity in Change: Historic Context

3. Associated Property Types, Eligibility Requirements and Integrity Thresholds IV. BIBLIOGRAPHY
V. APPENDICES
DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
Katherine Wallace Page 5
Carmel-by-the-Sea HCS Update Phase Two: Proposal Response to RFP 23-24-003 November 4, 2023 Comments About the Proposed Table of Contents
The chapters within the existing document: Prehistory and Hispanic Settlement (1542-1846), Economic Development (1846-1986), Government, Civic and Social (1903-1986), Architectural Development (1888-1986) and Development of Art and Culture (1904-1986) will need to be analyzed, edited, fact-checked and parsed into the individual historic context narratives for each of the six proposed themes. This process will be challenging and will require a substantial amount of editing and revision to create a flowing and easily readable document.

Our experience with photographing Carmel commercial and residential properties for the 1966- 1986 Carmel HCS update is that the City is busy with tourists and other commerce, making it difficult to get clear photographs of the buildings. Residential properties are set back from the street, obscured by trees and often are not visible from behind fencing. For these reasons, the photographic process will likely take longer than a photographic phase for a typical context study area.

Proposed Scope of Work
The following outlines our proposed Scope of Work and Fees.

TASK Bergstein
(hours)
Seavey
(hours)
Milestone
Date
I: Review Existing Historic Context Statement 5 0 January 31, 2023 II: Attend First Study Session with Carmel HRB 2 2 February 2024 III: Conduct Historic Research 30 20 Ongoing
IV: Tribal Outreach for Prehistory Chapter 5 5 March 2024 V: Submit Progress Report to OHP 0 0 March 14, 2024
VI: Conduct Reconnaissance Survey and Photography 40 0 April 2024 VII: Prepare Draft Historic Context Statement:

1. Chapter 1: Introduction

2. Chapter 2: Identifying and Evaluating Historic
Resources

3. Chapter 3: Historic Themes, Associated Property Types, Eligibility Criteria and Integrity Thresholds
A.Theme 1: Prehistory and Hispanic Settlement (1542-
1846)
B.Theme 2: Carmelo (1888-1903)
C.Theme 3: Seacoast of Bohemia (1904-1923)
D.Theme 4: Village in a Forest (1924-1945)
E. Theme 5: Postwar Development (1946-1965)
F. Theme 6: Continuity in Change (1966-1986)

4. Chapter 4: Bibliography

5. Appendices
10 20
35 40
40 40
10 10
10 10
0 0
5 10
10 10
10 5
5 0
Working Draft:

July 18, 2024
Final Draft:

September 26, 2024
VIII: Submit Draft Historic Context Statement Update
and Progress Report to OHP
2 2 Working Draft:

July 18, 2024
IX: Submit Final Draft of Historic Context Statement
and Progress Report to OHP
40 0 September 26, 2024
DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2
Katherine Wallace Page 6
Carmel-by-the-Sea HCS Update Phase Two: Proposal Response to RFP 23-24-003 November 4, 2023 X: Submit Progress Report to OHP 0 0 November 15, 2024
XI: Attend Four Public Meetings: Final HRB,
Planning Commission, City Council, Coastal
Commission; estimated @ 2 hours/mtg.)
8 0 September 2024 -
January 2025
XII: Submit Progress Report to OHP 0 0 January 29, 2025 TOTAL HOURS: 357 84
RATE: $180/hr. $180/hr.

SUBTOTAL PER PERSON: $64,260 $15,120
NOT TO EXCEED PROJECT TOTAL* $79,380
*includes reimbursable expenses
Conclusion
Please offer any questions, comments or revisions to this document.

Sincerely,
Seth A. Bergstein
Principal
Cc: Marnie Waffle, AICP, Principal Planner, Carmel-by-the-Sea DocuSign Envelope ID: 779CEB4F-55AE-49ED-8C10-6CA861229DA2 Attachment 2

CITY OF CARMEL-BY-THE-SEA

REQUEST FOR PROPOSALS
FOR
HISTORIC CONTEXT STATEMENT UPDATE – PHASE II
RFP 23-24-003
Release Date: October 27, 2023
Attachment 3

REQUEST FOR PROPOSALS
HISTORIC CONTEXT STATEMENT UPDATE – PHASE II
October 27, 2023

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Introduction
The City of Carmel-by-the-Sea is seeking proposals from qualified professionals to assist in updating the City’s Historic Context Statement. The Context Statement, together with General Plan preservation policies, serves as the foundation for the City’s historic preservation program.

Carmel’s Historic Context Statement covers historical periods relevant to the City prior to 1986.

The Context Statement is organized into themes and development periods which are used to evaluate the significance of properties in the City’s ongoing historical survey process. The Context Statement also aids in preparing State of California Department of Parks and Recreation (DPR) records. Carmel-by-the-Sea has adopted comprehensive historic preservation policies as part of the General Plan and implements these policies through the Historic Preservation Ordinance.

The City of Carmel-by-the-Sea is characterized by its architectural diversity and eclectic design.

Early twentieth century designs reflecting Craftsman and European Revival styles are immediately evident throughout the City, as well as a wide array of other recognized architectural styles, including architecture from the mid-century modern period and even many unique expressions of creativity that do not fit into clear classifications. This diversity of design enriches the community, enhances the experience of visitors and defines the City’s architectural character.

The current Historic Context Statement was adopted by the City Council on December 6, 2022, following the completion of the “Phase I” Historic Context Statement Update, made possible by a Certified Local Program (CLG)-funded grant. The “Phase I” Historic Context Statement Update extended the document to cover a twenty-year period from 1966 through 1986, and added narrative text consistent with the existing context statement categories of economic development; government, civic and social institutions; architectural development; arts and culture. The “Phase I” update also resulted in new descriptive text and accompanying photographs of various mid-century modern architectural styles. Throughout the course of the “Phase I” update, it became evident that the entire document – beyond the 1966 to 1986 extension effort – would benefit from additional attention, and the California Office of Historic Preservation agreed a “Phase II” comprehensive document update was necessary, awarding a second grant ($40,000 grant award with $26,667 City match) to fund the effort.

Scope
The City is seeking consulting services to assist with a “Phase II” Historic Context Statement Update, to involve, (1) updating the earlier eras and architectural styles covered in the Historic Context Statement to be consistent with the formatting of the newer 1966 through 1986 portion; (2) reworking the current context statement categories of prehistory and hispanic settlement; economic development; government, civic and social institutions; architectural development; and arts and culture into a chronologically-ordered narrative; (3) conducting tribal outreach as appropriate to update the “Prehistory and Hispanic Settlement” content (4) Attachment 3

REQUEST FOR PROPOSALS
HISTORIC CONTEXT STATEMENT UPDATE – PHASE II
October 27, 2023

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updating the bibliography and appendices; (5) verifying and updating all source data throughout; and, (6) assisting/participating in public meetings as needed.

Consultant proposals must include a detailed scope of work that identifies a recommended process for data collection, issue identification, public participation and issue resolution.

Carmel-by-the-Sea has an active citizenry and a strong public involvement component is vital to the success of this project. The proposal should also affirm that the tasks, milestones and work products required by the CLG Grant will be satisfied as specified in the timeline.

The updated Historic Context Statement must clearly, and defensibly, emphasize the significance of the chronological periods with thematic narratives woven throughout. The section on architectural development should be thoroughly enhanced and supplemented with high-quality descriptive photographs. All forms of property must be included (residential, commercial and institutional, public and private) and the update must follow the format already established in the 1966-1986 portion of the existing Historic Context Statement.

Public Process/Administration/Deliverables
The Consultant should anticipate that most work with City staff can be accomplished through email, Zoom and telephone. Staff will devote a considerable amount of time collaborating with the Consultant and will be available for some writing and editing of documents. Consultants should also expect to work with the City’s Historic Resources Board—the primary public body charged with overseeing the project. It is likely that the Consultant will meet with the Board at least six times during the course of the project to share data, identify themes, review drafts, resolve issues and respond to questions. Most of these Board meetings may be working sessions to solicit public input, but at least two meetings will be formal public hearings (draft and final).

The Consultant may not be required to attend all meetings with the Historic Resources Board when the desired outcome of the meeting is within the technical capability of City Staff.

However, proposals must include a commitment for the primary Consultant to attend at least six meetings. It is important to maintain a consistent “public face” for the consulting firm throughout the update process, so it is expected that the liaison to the City will remain the same as much as possible.

Upon approval of the updated Historic Context Statement by the Historic Resources Board, the draft document will be reviewed by the Planning Commission, the City Council and the California Coastal Commission. Consultants should budget one meeting for each of these review bodies.

The project will be funded via a grant from the State Office of Historic Preservation (OHP). To satisfy grant reporting requirements, the Consultant must work closely with City staff to meet the milestones and timeline below:

Attachment 3

REQUEST FOR PROPOSALS
HISTORIC CONTEXT STATEMENT UPDATE – PHASE II
October 27, 2023

Page 4 of 7 ends

14 March 2024: On or before this date, submit a progress report for OHP’s review and comment that includes an outline of the new chronological historic context narratives, including a discussion of any issues encountered in the process; and outcomes and conclusions drawn from the first public workshop and consultation with local tribal representatives. 18 July 2024: On or before this date, submit a progress report for OHP’s review and comment that includes a working draft or partial draft of the historic context statement, including a discussion of any issues encountered in the process.
26 September 2024: On or before this date, submit a progress report for OHP’s review and comment that includes a final draft of the historic context statement, including a discussion of any issues encountered in the process; and outcomes and conclusions drawn from the second public workshop.
15 November 2024: On or before this date, submit a progress report for OHP’s review and comment that includes response of Historic Resources Board and Planning Commission to recommendation to adopt updated historic context, including any subsequent actions or conclusions.
29 January 2025: On or before this date, submit a progress report for OHP’s review and comment that includes outcome of presentation to City Council to adopt the updated historic context; outcome of submission to the California Coastal Commission for Local Coastal Plan Amendment; and any subsequent actions, conclusions, or issues encountered in both processes *Please note that January 2025 is the firm deadline for the City to submit all reimbursable work to OHP to meet the grant requirements.

Qualifications and Experience
Proposals must identify the project lead and all other members of the consultant team that will work on the project and include qualifications and references. If subconsultants will be a part of the team, please identify whether the primary consultant has worked with the subconsultant(s) before, and identify the title and nature of these projects. The City will evaluate the experience of the consultant team working on similar projects in making the final selection.

The identified project lead must meet the Secretary of the Interior’s professional qualifications standards for performing work in the areas of ‘History’ or ‘Architectural History’. These qualifications, which set specific minimum education and experience requirements, can be found online at: https://www.nps.gov/articles/sec-standards-prof-quals.htm. Respondents must articulate in their proposal how the designated project lead meets these minimum qualifications.

Attachment 3

REQUEST FOR PROPOSALS
HISTORIC CONTEXT STATEMENT UPDATE – PHASE II
October 27, 2023

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Costs
Proposals must identify all costs associated with this project. Project deliverables must be in digital formats (Microsoft Word and Adobe Acrobat). No hard copies are required.

Costs for meeting attendance should be broken out separately. Proposals should anticipate one (1) meeting with City Staff at the onset of the project and regular meetings with City Staff throughout the duration of the project, as needed, on a schedule to be determined, and at least six (6) meetings with the Historic Resources Board for document development, review of the draft, and review of the final document by the Historic Resources Board. In addition to these meetings, the proposal should include one (1) public meeting at the Planning Commission, City Council and California Coastal Commission. Proposals shall also include a “per meeting cost” that can be used to adjust contract payments in the event more or fewer meetings are required.

Invoices for deliverables will be paid within 45 days of receipt by the City.

Submission of Proposals
One (1) digital copy in Adobe Acrobat format must be received by the City no later than 5:00 PM on Monday, November 13, 2023. Postmarks will not be counted as an “on time” submissions. Please submit proposals to:

City of Carmel-by-the-Sea
Community Planning & Building Department
Attn: Marnie R. Waffle, Principal Planner
[email protected]
Proposals on a thumb drive may also be hand delivered to Carmel City Hall, Community Planning & Building Department, located on the east side of Monte Verde Street between Ocean Avenue and 7th Avenue.

Hard copy proposals will not be accepted.

Optional Materials: Consultant proposals may also include digital links to no more than three (3) examples of similar work to demonstrate the written competencies of the consultant team.

Rights of the City
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:

Attachment 3

REQUEST FOR PROPOSALS
HISTORIC CONTEXT STATEMENT UPDATE – PHASE II
October 27, 2023

Page 6 of 7 ends

 Make the selection based on its sole discretion;
 Reject any and all proposals;
 Issue subsequent Requests for Proposals;
 Postpone selection for its own convenience;
 Remedy technical errors in the Request for Proposals process;  Negotiate with any, all or none of the Proposers;
 Accept other than the lowest offer;
 Waive informalities and irregularities in the Proposals; and/or  Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City.

Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et set.), unless exempt. An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Proposer. The selected firm will be required to meet all City contracting requirements.

Selection Process
City staff will evaluate all proposals received by the deadline. The City reserves the right to select a short list of finalists, based on the written proposals, for separate interviews prior to making a recommendation to the City Council. The successful respondent will be the one who best meets the qualifications listed in this RFP while providing the best overall value (not based on cost only). The staff recommendation will be presented to the City Council for contract authorization. The consultant should plan on attending the Council meeting (in person or via Zoom) at no cost to the City. The consultant may be asked to make a short presentation, or just be available to answer questions, at this meeting.

Tentative Timeline
RFP Issued 10/27/23
Deadline for Receipt of Proposals 11/13/23
Evaluation of Proposals 11/14/23
Award of Contract by City Council 12/04/23
Resources
A copy of the City’s current Historic Context Statement as well as the City’s Historic Preservation Ordinance (CMC 17.32) can be obtained from the City’s website, https://ci.carmel.ca.us/post/historic-preservation.

Thank you for your interest in this project. We look forward to hearing from you.

Attachment 3

REQUEST FOR PROPOSALS
HISTORIC CONTEXT STATEMENT UPDATE – PHASE II
October 27, 2023

Page 7 of 7 ends

Questions
Please direct any questions or requests for additional information to Marnie R. Waffle, Principal Planner at (831) 620-2057 or via email at, [email protected].

Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-010, authorizing the City Administrator to accept funds from the California Department of Park and Recreation under the Historic Preservation Fund Grant Program for a $40,000 award to partially fund “Phase II” of the Historic Context Statement update project
RECOMMENDATION:

Adopt Resolution 2024-010, authorizing the City Administrator to accept funds from the California Department of Park and Recreation under the Historic Preservation Fund Grant Program for a $40,000 award to partially fund “Phase II” of the Historic Context Statement update project BACKGROUND/SUMMARY:

In December of 2021, the City of Carmel-by-the-Sea accepted award of a $30,000 Certified Local Government (CLG) Grant from the California Department of Parks and Recreation to fully fund “Phase 1” of a comprehensive update to the City’s Historic Context Statement (HCS). Phase 1 was successfully completed, and ultimately certified by the California Coastal Commission as part of the City’s Local Coastal Program (LCP). Now, ready to undertake the second and final phase of updating the HCS, staff has applied for and received award of another CLG Grant from the State. This time the award amount is $40,000, (the maximum available award) which will pay for half of the effort. The remaining $40,000 of the $80,000 project will be paid from funding that was specifically allocated to this project as part of the adopted FY 2023-24 Community Planning and Building Budget. As stated in the Grant Award Agreement (Attachment 1), the City’s minimum contribution of matching funds to accept this grant is $26,667, which can be comprised of either monetary or non-monetary (staff time) contributions. Given that the City will be spending $40,000 on this effort, and the numerous staff hours that will go into the project, this matching requirement is more than adequately met.

The City Council is being asked to adopt a resolution (Attachment 2) accepting the $40,000 Grant Award from the State of California.

FISCAL IMPACT:

The total project cost for the “Phase II” update to the City’s Historic Context Statement is $80,000. The $40,000 grant award from the State would cover 50% of these project costs. The remaining $40,000 will be covered under ‘Contract Services’ in the adopted FY 2023-24 Community Planning and Building Budget PRIOR CITY COUNCIL ACTION:

In December of 2021, the City accepted a $30,000 Certified Local Government (CLG) Grant from the California Department of Park and Recreation fund “Phase 1” of this project. Phase 1 was successfully completed, and ultimately certified by the California Coastal Commission as part of the City’s Local Coastal Program (LCP).

ATTACHMENTS:

Attachment 1) State Grant Award Agreement
Attachment 2) Resolution 2024-010
2023 HISTORIC PRESERVATION FUND GRANT

CITY OF CARMEL-BY-THE-SEA
OCTOBER 1, 2023 - JANUARY 31, 2025 C08423002
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39 STATE DEPARTMENT OF PARKS AND RECREATION CITY OF CARMEL-BY-THE-SEA

STATE HISTORIC PRESERVATION OFFICER
DPR 831 (8/89)(Excel 8/23/1999)
State of California - The Resources Agency

HISTORICAL RESOURCES PRESERVATION PROJECT AGREEMENT DEPARTMENT OF PARKS AND RECREATION NATIONAL HISTORIC PRESERVATION ACT OF 1966
SUB9RANT PROGRAM

PARTICIPANT

PROJECT PERIOD PROJECT NUMBER

PROJECT SCOPE

PROJECT FUNDING
AGENCY
BY
TITLE
DATE

PARTICIPANT
BY
TITLE
DATE
The City of Carmel-By-The-Sea, hereafter the Participant, will contract with a consultant meeting the Secretary of the Interior’s Professional Qualifications for historian or architectural historian as set forth in 36 CFR part 61, Appendix A. The consultant will develop a Phase II update to the existing citywide Historic Context Statement to make the document a comprehensively effective tool for assessing potential historic properties. A Phase I effort was undertaken in 2021-22, with this Phase II effort to complete all remaining updates to the document.

All work shall be performed, and deliverables produced in accordance with the 2013-2017 Statewide Historic Preservation Plan goals to identify, preserve, and protect significant historic resources; Secretary of the Interior’s Standards for Preservation Planning, Identification, Evaluation and Registration when such standards are applicable; National Register Bulletin #24 – Guidelines for Local Surveys: A Basis for Preservation Planning; and National Register Bulletin #16B – How to Complete the National Register Multiple Property Documentation Form.

PROGRESS REPORTS:

Participant shall submit to the State Office of Historic Preservation (OHP) regular progress reports, with specific deliverables in accordance with the following schedule. A work plan will be developed to be included as part of the contract.

Progress reports will include any deliverables specified in the work plan, detail the work accomplished to date, and identify and discuss any problems or issues that have the potential to adversely affect the scope or progress of the project.

OHP may ask for additional progress reports or drafts of work papers during the project period.

OHP reserves the right to withhold disbursements of up to half the grant amount until the final products have been determined to meet the Secretary of the Interior’s Standards. Participant may submit billings for partial payment as the work progresses.

Total costs supported by Federal grant P23AF01255 (CFDA 15.904) under the National Historic Preservation Act of 1966: Forty thousand dollars and no cents ($40,000.00).

Minimum contribution of the Participant to match Federal grant funds:

Twenty-six thousand six hundred and sixty-seven dollars and no cents ($26,667.00).

DocuSign Envelope ID: 01707476-74CC-4C5B-97F3-B75C9FA6CFEE Director, Community Planning & Building
Brandon Swanson
10/25/2023 10/27/2023
Attachment 1
40,000.00
3790-101-0890 12 23 23/24
1084 58017
40,000.00
DPR 526A (Rev. 2/2007)(Excel 2/2/2007) DISTRIBUTION: Copy 1-Controller; Copy 2-Accounting; Copy 3-Originator C08423002
40,000.00
CITY of Carmel 0000012957
P23AF01255
Federal Trust Fund
702 379008403100
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

FUNDING STRIP
AMOUNT ENCUMB. BY CONTRACTOR NAME
PRIOR AMOUNT ENCUMB.

FOR THIS CONTRACT
CONTRACT NO.

CALSTARS VENDOR NO.

AM. NO.

THIS DOCUMENT
TOTAL AMOUNT ENCUMB.

TO DATE
$

OPTIONAL USE
$

ITEM CHAPTER STATUTE FISCAL YEAR

INDEX OBJECT PCA PROJECT/WORK PHASE AMOUNT
$
$

FUND TITLE
Attachment 1

Page 1 of 13 ends

REPORT SCHEDULE
The attached General and Special Provisions (12 pages) are incorporated and made a part hereof.

Additionally, the budget as submitted in the grant application, with revisions if approved by OHP, is incorporated by reference and made a part hereof.
06 December 2023: On or before this date, Participant shall submit a progress report for OHP’s review and comment that will confirm that an RFP was submitted to the OHP for review and comment, and subsequently sent to potential consultants, and that a consultant is under contract. This report will also include a copy of the work plan.
14 March 2024: On or before this date, Participant shall submit a progress report for OHP’s review and comment that includes an outline of consultant’s proposed outline of new chronological historic context narratives, including a discussion of any issues encountered in the process; and outcomes and conclusions drawn from the first public workshop and consultation with local tribal representatives. 18 July 2024: On or before this date, Participant shall submit a progress report for OHP’s review and comment that includes a working draft or partial draft of the historic context statement, including a discussion of any issues encountered in the process.
26 September 2024: On or before this date, Participant shall submit a progress report for OHP’s review and comment that includes a final draft of the historic context statement, including a discussion of any issues encountered in the process; and outcomes and conclusions drawn from the second public workshop. 15 November 2024: On or before this date, Participant shall submit a progress report for OHP’s review and comment that includes response of Historic Resources Board and Planning Commission to recommendation to adopt updated historic context, including any subsequent actions or conclusions. 29 January 2025: On or before this date, Participant shall submit a progress report for OHP’s review and comment that includes outcome of presentation to City Council to adopt the updated historic context; outcome of submission to the California Coastal Commission for Local Coastal Plan Amendment; and any subsequent actions, conclusions, or issues encountered in both processes.

A Final Performance Report shall also be submitted summarizing the outcome of the comprehensive project efforts comparing actual accomplishments to planned objectives, discussing lessons learned, explaining how project data will be incorporated into local planning and preservation activities, and describing future needs or activities to derive continued benefit from the project. A final copy of the historic context statement shall be submitted as well.
11 February 2025: On or before this date, Participant shall submit the final Request for Reimbursement (DPR 417), with all claims for project costs dated prior to the end of the project period (30 December 2024).

FINAL PRODUCTS WILL INCLUDE:
• Final Performance Report (referenced above)
• Electronic copy of the historic context statement
DocuSign Envelope ID: 01707476-74CC-4C5B-97F3-B75C9FA6CFEE Attachment 1

Page 2 of 13 ends

GENERAL PROVISIONS
I. GENERAL
A. Performance

1. The Participant agrees to complete the project in accordance with this agreement.

2. The Participant shall perform all work and supply material necessary to complete the project described in the paragraph entitled "Project Scope:" on p.1 of this agreement within the period specified. Failure of the Participant to render satisfactory progress or to complete this or any other project which is subject to federal assistance under this program to the satisfaction of the OHP may be cause for suspension of all obligations of Interior and the State of California (State) under this agreement.

3. However, failure of the Participant to comply with the terms of this agreement shall not be cause for the suspension of all such obligations if, in the judgement of the OHP, such failure was due to no fault of the Participant. In such case, any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this agreement.

B. Cost Sharing/Matching Requirement.

1. At least 40 percent non-Federal cost-share/match is required for costs incurred under this Agreement. A minimum of 40 percent in eligible non-Federal cost share/match as identified on the cover page of this agreement, that is allowable and property documented, must be expended for work approved under Scope of Work during the Period of Performance in addition to the Federal grant share.

2. Non-monetary contribution may constitute part or all of the Participant's match. Valuation of such contribution shall be set forth by the OHP.

3. Failure to expend the required non-Federal matching share will result in the disallowance of costs reimbursed, and/or the deobligation of remaining unexpended funds.

4. Non-Federal cost share or match must meet the same requirements as the Federal share.

5. The OHP shall not pay federal funds hereunder if the Participant has used financial assistance under any other federal program or activity (not including federal revenue sharing funds, community block grants, and any other federal funds allowable as match) as a match on the project.

C. Agreement Amendment. This agreement may be amended only by agreement in writing executed by both of the parties hereto.

D. Agreement Termination

1. The Participant may, upon written notice to the OHP, unilaterally terminate this agreement at any time prior to the commencement of the project.

2. The OHP may, upon written notice to the Participant, unilaterally terminate this agreement at any time prior to the commencement of the project.

3. The project shall be deemed commenced when the Participant makes any expenditure or incurs any obligations with respect to the project.

4. After the project commences, the Participant and the OHP may terminate the agreement by mutual consent, in which case they shall negotiate termination conditions.

E. Non-Compliance. If the Participant materially fails to comply with the terms of the agreement, the OHP shall provide written notice of non-compliance, which states the nature of the deficiency. If the Participant is still not in compliance in thirty (30) days after receipt of the notice, the OHP may in addition to other remedies: (1) withhold cash payments until deficiency is removed; (2) terminate the agreement and make no further payments hereunder; (3) disallow costs; and (4) disqualify the Participant from further subgrants.

DocuSign Envelope ID: 01707476-74CC-4C5B-97F3-B75C9FA6CFEE Attachment 1

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F. Indemnification. The Participant hereby waives all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this agreement, except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. The Participant shall indemnify the State and its officers, agents, and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the project. Participant shall waive and indemnify State only in proportion to and to the extent that such claims, damages, losses, costs, and/or expenses of indemnification are caused by or result from the negligent or intentional acts or omission of Participant, its officers, agents, or employees.

G. Severability. This agreement shall be governed by the laws of the State of California. If any provision of the agreement, including without limitation these General Conditions shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any other way be affected or impaired.

H. Survival. Any and all provisions which, by themselves or their nature, are reasonably expected to be performed after the expiration or termination of this Agreement shall survive and be enforceable after the expiration or termination of this Agreement. Any and all liabilities, actual or contingent, which have arisen during the term of and in connection with this Agreement shall survive expiration or termination of this Agreement.

I. Partial Invalidity. If any provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to the parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

J. Captions and Headings. The captions, headings, article numbers and paragraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of the provision of this Agreement nor in any way affecting this Agreement.

II. PROJECT EXECUTION
A. Standards. The Participant shall carry out its work in accordance with the "Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation", including standards for planning, identification, evaluation, registration, historical documentation, architectural and engineering documentation, archaeological documentation, historic preservation projects, and professional qualifications, as published in the Federal Register, September 29, 1983 (Vol. 48, No. 190), pp. 44716 et seq..

B. Qualifications. If the project scope requires research in history, architectural history, or archeology, the Participant shall ensure that the principal investigator meets the applicable Secretary of the Interior’s professional qualifications standards. If the project scope requires architectural plans, the Participant shall ensure that the architect producing those plans meets the applicable Secretary of the Interior’s professional qualifications standards. If the project scope requires an expert practitioner in another field, the Participant shall ensure that such expert meets standards of education and experience similar to those of the Secretary of the Interior’s professional qualifications standards.

C. OHP Review.

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1. After selection of an employee or contractor to perform professional work outlined in the previous paragraph, but before making any financial commitment to that person, the Participant shall submit the person’s resume to the OHP for review. The OHP shall either approve or disapprove use of the person on the project within twenty (20) working days after receipt of the resume. The Participant may consider failure of the OHP to respond within the period to constitute approval.

2. When requested to do so by the OHP, the Participant shall make available to the OHP draft reports, studies, plans, drawings, or other preliminary documents prepared during the project.

The Participants shall permit periodic site visits by the OHP to ensure that work is progressing on scheduled and according to applicable instructions and standards.

D. Reporting.

1. As outlined in this agreement, or date approved by the OHP, the Participant shall furnish to the OHP all final work products mentioned in the project scope and elsewhere in this agreement.

2. Participant shall submit progress reports and interim work products on the dates indicated in this agreement. Progress reports shall be in such form and contain such information as the OHP instructs.

3. The OHP shall not be obligated to provide federal funds for work products that, in the opinion of the OHP, do not conform to the terms of this agreement or to the applicable Secretary of the Interior's Standards.

4. As outlined in this agreement, the Participant shall furnish to the OHP a final performance report, acceptable to the OHP, which compares actual accomplishments to planned objectives and, if appropriate, gives reasons that the objectives were not met as planned. The OHP shall provide further instructions for form the form and content of the final report.

III. FINANCIAL ADMINISTRATION
A. Financial Management. The Participant shall use a financial management system that: permits the preparation of financial reports required herein, permits the preparation of financial reports required herein, provides an accounting of funds expended on the project, and follows the standards set forth by the Office of Management and Budget Circulars referenced herein. The Participant shall expend funds only on allowable costs as set forth in the budget established in the approved project notification.

B. Determination of Value of Goods and Services. Goods in the form of equipment, whether owned, purchased, leased, or donated, will be valued on a use basis of actual costs of operation or of purchase or lease or prevailing costs of goods if donated. Residual market value of purchased equipment shall be credited to project costs upon completion. Goods in the form of supplies and material will be valued at actual direct costs to Participant or, if donated, according to the prevailing costs in the marketplace. Services will be valued in the actual amounts of salaries, wages, and direct overhead costs expended on the project.

C. Volunteer Services.

1. Volunteer services will be valued for contribution purposes at the rates paid for similar technical skills and work in other activities. Specific procedures for the Participant in establishing the value of in-kind contributions from non-Federal third parties are set forth below:

2. Valuation of Volunteer Services: Volunteer services may be furnished by professional and technical personnel, consultants, and other skilled and unskilled labor. Volunteered service maybe counted as cost sharing or matching if the service is an integral and necessary part of an approved program.

3. Rates for Volunteer Services: Rates for volunteers should be consistent with those paid for similar work in other activities of state and local government. In those instances in which the DocuSign Envelope ID: 01707476-74CC-4C5B-97F3-B75C9FA6CFEE Attachment 1

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required skills are not found in the Participant's organization, rates should be consistent with those paid for similar work in the 15 labor markets in which the Participant competes for the kind of services involved. Volunteers with no historic preservation education or experience may claim only the minimum wage rate.

4. Volunteers Employed by Other Organizations: When an employer, other than the Grantee, furnishes the services of an employee, these services shall be valued at the employee's regular rate of any (exclusive of fringe benefits and overhead costs), provided these services are in the same skill for which the employee is normally paid. This rate shall not exceed the maximum daily rate of compensation for a GS-18 position in the federal civil service, as established by law.

D. Billing.

1. Taking into account a four-to-six-week delay between the time a payment request is submitted to the OHP and the time the OHP provides the requested federal funds, the Participant shall submit its payment requests so as to minimize the time elapsing between receipt and disbursement of funds.

2. The Participant shall have sufficient working capital to ensure that the project progresses on schedule even though payments from the OHP are unexpectedly delayed.

3. When seeking reimbursements, the Participant shall base its billings upon financial records for both the federal and nonfederal shares of project costs which are supported by appropriate documentation. All reimbursement requests shall be accompanied by copies of timesheets, cancelled checks, receipts, etc., for OHP's verification before payment.

4. The Participant shall submit billings during the project period for this agreement. The final billing statement with documentation sufficient for audit dated prior to end of the contract period, shall be submitted with the Final Report as described in this agreement.

5. Participant may also submit supplemental billing statements during the project period with progress reports but must include an itemization of expenditures or receipts or timesheets of work completed.

6. The Participant shall submit billings on the billing statement form (DPR 417) prescribed by the OHP. The OHP need not make payment on billings submitted in other formats. The Participant shall submit billings in duplicate, each with an original signature, to: Office of Historic Preservation, Department of Parks and Recreation, ATTN: Fiscal and Grants Coordinator, 1725 23rd Street, Suite 100, Sacramento CA 95816. The Participant shall ensure that the billing form bears the signature of the Participant's project representative.

7. After reviewing each billing for accuracy and appropriateness, the OHP shall pay the least of the following: (a) sixty percent of the amount of the total project costs incurred during the billing period shown on the billing: (b) the amount of cash outlays made during the billing period as shown on the billing; and (c) the amount of federal grant funds available for support of the project as shown in the project funding section of this agreement.

8. The OHP will not reimburse more than ninety (90%) percent of allocated grant funds until the OHP has verified completion of the project, and if necessary, until an audit approval has been received by the OHP for the Audits Section of the Department of Parks and Recreation.

E. Approved Indirect Rate. The federally negotiated indirect rate plus administrative costs to be applied against this agreement shall not by statute 54 U.S.C. 302902, commonly known as Section 102(e) of the NHPA, exceed 25 percent of the total project cost. Indirect costs will not be allowable charges against this agreement unless specifically included as a line item in the approved budget incorporated into this agreement. If indirect costs are allowable charges, a copy of the Participant’s approved negotiated indirect rate shall be provided to the OHP.

F. Pre-Award Incurrence of Costs. The Participant shall be entitled to costs incurred on or after Start date. In accordance with 2 CFR 200.458, such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award and only with the DocuSign Envelope ID: 01707476-74CC-4C5B-97F3-B75C9FA6CFEE Attachment 1

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written approval of the Awarding agency. Pre-award costs shall only be applied to the nonFederal cost share and are not eligible for reimbursement.

IV. CHANGES
A. Budget. The Participant and OHP understand that the Participant is permitted to re-budget within the approved direct cost budget to meet unanticipated requirements and may make program changes to the project.

B. OHP Approval. Notwithstanding the provisions of the foregoing paragraph, the Participant shall obtain from the OHP prior approval for: (a) any substantive revision of the scope, objectives, or budget of the project; (b) extension of the need for federal funds; (c) changes in key persons, including all persons filling positions for which the incumbent must meet the Secretary of the Interior's professional qualifications standards; (d) additional contracts or hiring to perform activities that are central to the project; and (e) new or revised performance or reporting milestones. The Participant shall make requests for such changes in writing. The OHP shall approve or disapprove in writing. If appropriate, the Participant and the OHP shall amend this agreement to include approved changes.

V. REPORTS AND RECORDS
A. General. All Participant financial and programmatic records, supporting documents, statistical records, and other grants-related records shall be maintained and available for access in accordance with 2 CFR 200-200.337 and the Historic Preservation Fund Grants Manual.

B. Service Records. Records of personal services contributions, whether paid or volunteer, shall include timesheets bearing the signature of the person whose time is contributed and of the supervisor verifying that the record is accurate. "Personnel Activity Reports" as specified in OMB Circular A-21 and its successors shall be acceptable as documentation of time spent on this project by "professional" and "professorial" staff. Volunteer records shall show the actual hours worked, the specific duties performed, and the basis for determining the rate of contribution.

These records shall be included with the audit material. The Participant shall keep such records, maps, and reports as the OHP and Interior prescribe, including records that fully disclose the dispositions by the Participant of federal grant funds, total cost of the project, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.

C. Financial Records. During its regular office hours, the Participant shall make financial records available to the OHP, Interior, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of inspection, copying, and audit. The Participant shall provide copies of such records to the OHP if requested to do so by the OHP and shall retain such records for three years following project termination. Project records shall be retained by Participant for three years following project completion or longer until notification that the Federal audit covering the project has been closed.

D. Single Audit Act. If a local government, the Participant shall comply with the Single Audit Act of 1984, and furnish the OHP with a copy of the audit report within thirty (30) days after issuance. If a university or nonprofit organization, the Participant shall comply with the audit requirements of OMB Circular A-133. The Participant shall reimburse the OHP for costs disallowed during an audit.

E. Publications. In regard to all copyrightable material, which are produced as a deliverable under this project, including but not limited to books reports, plans, photographs, drawings, films, DocuSign Envelope ID: 01707476-74CC-4C5B-97F3-B75C9FA6CFEE Attachment 1

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Carmel-by-the-Sea City CouncilJanuary 9, 2024

Carmel-by-the-Sea City Council
January 9, 2024