Agenda packet — Carmel-by-the-Sea City Council, February 6, 2024 (part 1 of 2)

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, February 6, 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/82014418012 Webinar ID: 820 1441 8012 Passcode:
012883 Dial in: ( 253) 215-8782

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

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. Carmel High School Report Out
B. "Keep America Beautiful" Proclamation
C. Presentation from the Carmel Youth Center
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, then that speaker will be muted.

ANNOUNCEMENTS
A. City Administrator Announcements
B. City Attorney Announcements
C. Councilmember Announcements

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

1. January 8, 2024, Special Meeting Minutes, and January 9, 2024, Regular Meeting Minutes

2. December 2023 Monthly Reports

3. December 2023 Check Register Summary

4. Resolution 2024-013, accepting donations from Carmel Cares, an official City Support Group, and approving a Budget Amendment to the Fiscal Year 2023/24 Adopted Budget

5. Resolution 2024–014 authorizing the City Administrator to execute Amendment No. 2 to the Professional Services Agreement with EMC Planning Group for the Coastal Engineering and Adaptation Planning Project, Phase 2, for a not-to-exceed fee of $450,000

6. Resolution 2024-015, authorizing City Co-Sponsorship of the Carmel Public Library Foundation's Annual Donor Salute Event at the Main Library on Sunday, March 10, 2024; and Authorizing City Co-Sponsorship of the Carmel Public Library Foundation's Annual Sterling Circle Event at the Main Library on Sunday, June 9, 2024

7. Resolution 2024-017 Rescinding Resolution 2023-105 and Establishing the City Council meeting dates for the 2024 Calendar Year

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

8. Receive a follow up presentation by Wave Astound Broadband to address public comments regarding their Fiber Optic Project and authorize issuance of an Encroachment Permit with Special Conditions of Approval

PUBLIC HEARINGS

9. 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 009-423-001-000

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
February 6, 2024

EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: "Keep America Beautiful" Proclamation
RECOMMENDATION:

Present the "Keep America Beautiful" Proclamation.

BACKGROUND/SUMMARY:

The Mayor received a request from Carmel Cares to present a proclamation, symbolizing the City of Carmel-bythe-Sea's commitment to a cleaner environment through active participation in the nationwide "Greatest American Cleanup" event, in partnership with Keep America Beautiful. The proclamation serves as both a call to action and a celebration for residents of our cherished village.

Background
Founded in 1953, Keep America Beautiful (KAB) is a national nonprofit that promotes community enhancement, reducing litter, and recycling. The annual "Great America Cleanup" event involves 20,000 communities across the nation. Initiatives like this provide support for affiliates, such as Carmel Cares, to plan local events focused on recycling, conservation, clean-up, beautification, and community improvement.

Dale Bryne, President of Carmel Cares nonprofit, has generously volunteered to organize three (3) cleanup, recycling, and beautification activities in Carmel, encouraging widespread community and involvement to uphold a clean, green, and beautiful environment. In a discussion with the City Administrator, Mr. Bryne represented that he did not believe the additional public events would impact the capacity of City staff.

Accordingly, the City Administrator recommends that the City Council support the Proclamation.

Summary
The Proclamation aims to reaffirm Carmel-by-the-Sea's dedication to a vibrant, environmentally conscious, and interconnected community through active involvement in "The Greatest American Cleanup" in collaboration with Carmel Cares.

FISCAL IMPACT:

None for this action
PRIOR CITY COUNCIL ACTION:

None for this action
ATTACHMENTS:

Attachment 1) Keep America Beautiful Proclamation

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

PROCLAMATION
“KEEP AMERICA BEAUTIFUL” GREAT AMERICA CLEAN UP PLEDGE
WHEREAS, the City of Carmel-by-the-Sea recognizes the importance of preserving our natural beauty, enhancing our quality of life, and fostering a sense of civic pride; and
WHEREAS, we acknowledge the increasing concern over litter and its impact on our environment, economy, and overall well-being; and
WHEREAS, we are resolute in our commitment to taking substantial measures to reduce litter and enhance the beauty of our community, thus ensuring a cleaner, more vibrant, and sustainable living environment; and
WHEREAS, embracing the spirit of unity and progress, the City of Carmel-by-theSea, in collaboration with Carmel Cares and dedicated community volunteers, pledges to spearhead a concerted effort to achieve a cleaner and more beautiful environment by actively participating in the “The Greatest American Cleanup” in partnership with Keep America Beautiful and communities nationwide; and
WHEREAS, Carmel Cares, a nonprofit City support group, has generously volunteered to organize three (3) clean-up, recycling, and beautification activities in Carmel, encouraging widespread community and City support group involvement to uphold a clean, green, and beautiful environment; and
WHEREAS, in partnership with Carmel Cares and other City Support Groups, this Keep America Beautiful pledge serves as both a call to action and a celebration of the residents our of cherished village.

NOW, THEREFORE, I, Dave Potter, Mayor of the City of Carmel-by-the-Sea, do hereby take the “Greatest American Cleanup” Pledge, reaffirming the City’s dedication to fostering a vibrant, environmentally conscious, and interconnected community through active involvement in "The Greatest American Cleanup" with the support of Carmel Cares.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Carmel-by-the-Sea to be affixed on this 6th day of February, 2024. _______________________________
Dave Potter, Mayor
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Presentation from the Carmel Youth Center
RECOMMENDATION:

Receive a presentation and update on the Carmel Youth Center.

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

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

January 8, 2024, Special Meeting Minutes, and January 9, 2024, 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) January 8, 2024 Special Meeting Minutes
Attachment 2) January 9, 2024 Regular Meeting Minutes

CARMEL-BY-THE-SEA

CITY COUNCIL

SPECIAL MEETING MINUTES
JANUARY 8, 2024

CALL TO ORDER AND ROLL CALL
Mayor Dave Potter called the meeting to order at 4:33 p.m.

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

PUBLIC APPEARANCES
None

ORDERS OF BUSINESS
Item 1 - Receive a report on the activities and actions over the previous two years on the City's Emergency Operations Plan and adopt Resolution 2024-001 approving the updated 2024 Emergency Operations Plan
Police Chief Tomasi gave a presentation on the background of the Emergency Operations Plan, and summarized the changes made to the plan since 2022. He added that adoption of Resolution 2024-001 will approve the updated Emergency Operations Plan.

Public Comment:

None
Motion by Councilmember Baron, to adopt Resolution 2024-001 adopting the 2024 Emergency Operations Plan, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 2 - Resolution 2024-002 reaffirming the City’s public-private partnership with the Carmel Public Library Foundation (CPLF)
Community Activities and Library Director Ashlee Wright gave a presentation of the item, giving an overview of the CPLF and future projects.

Attachment 1
Public comment:

Dale Byrne
Alexis Weaver
Kris Goursey
Motion by Mayor Pro Tem Richards, to adopt Resolution 2024-002, 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
Item 3 - Receive an after action on Third Thursday and an update on the Farmers' Market and consideration of a Resolution 2024-003 authorizing the consumption of alcohol at the Farmers' Market Third Thursday events in 2024.

Community Activities and Library Director Ashlee Wright gave a presentation of the item, providing a summary of the Farmers Market and Third Thursday events in 2023. She responded to questions from Council and noted that over the past year there were no issues when wine was served in a designated and closed off area. She said that Council approval is needed to continue to allow wine at the Third Thursday events in the park.

Public comment:

None
Councilmembers Ferlito and Dramov dissented approving the Resolution, stating that alcohol isn’t needed at family friendly events where children are present.

Motion by Mayor Pro Tem Richards, to adopt Resolution 2024-003, seconded by Councilmember Baron, and approved 3-2-0-0 by the following roll call vote:

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

STUDY SESSION
A. Discussion of the Ad Hoc Committee findings and recommendations on the way forward for development of the Police facility
Councilmember Baron gave an introduction of the item and summarized the progress made by the Police Facility Ad Hoc Committee over the past few months. City Administrator Rerig Attachment 1
introduced Fred Meurer, 4- Leaf Project Manager assigned to the Police Facility Project. Mr.

Muerer gave a presentation of the project status, summarizing the following:
● History of the project
● Task 1: Building assessment results
○ Key elements of a modern police facility
○ Specific needs of the police facility
● Task 2: Police Program assessment results
○ Police Officer Standard Training (POST) Standards
● Ad Hoc Recommendations - Police Program Scope:
○ Recommendation for a new facility on new site
○ Opportunities and requirements for the old building
● Financial implications/Cost estimates:
○ New Police Facility meeting current and future needs: estimated $20M+ ○ Rehabilitation of the existing building and code updates: estimated $10M+ ● Ad Hoc Committee Summary of Recommendations:
○ Adopt a policy decision to maximize the programming capability of the Police Department to meet current and future needs.
○ Direct staff to initiate a schematic design process at a new site. ○ Direct staff to initiate the programming and schematic design for rehabilitation of the current PD/PW building.
○ Direct staff to initiate development of a financing strategy to fund a project total of $30M+
Public comment:

David O’Neil, CRA Representative
Andi Carr
Dale Byrne
Ken White
Carrie Theis
Eric Miller
James Ardaiz
Council discussion resumed. Jonathan Hammond, the selected Architect for the police facility project, said that conducting a site evaluation of Vista Lobos would include a geotechnical study, assessment of view corridor restrictions, and exploration mixed use options, potentially taking 3- 4 months and adding public outreach meetings could stretch out the timeline further. City Administrator Rerig clarified that the purpose of the discussion tonight was to provide an update on the project and seek permission to proceed to the next phase of fact gathering for more options.

Community Development and Planning Director Brandon Swanson pointed out the existing 18- Attachment 1
foot site line restriction on parts of the Vista Lobos property. Mr. Meuer emphasized that each potential site has unique opportunities and constraints, and the ad hoc committee recommends evaluating one site in-depth before returning with more information. Councilmember Baron highlighted that the staff report outlines all the requirements needed for the police facility and urged Council to give authority to focus on Vista Lobos as the primary potential site to streamline progress on this project.

Council gave consensus direction for staff to proceed with the next step of evaluating the Vista Lobos site as a potential location for the new police facility and recommended a public outreach meeting to get feedback on the project.

CLOSED SESSION
City Attorney Pierik read the closed session title.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Property: First Murphy House, NE corner Lincoln Street and 6th Avenue, Carmel-by-the-Sea Agency negotiators: City Administrator, City Attorney
Negotiating parties: Carmel Heritage Society and Chamber of Commerce Under negotiation: Lease amount and terms
PUBLIC APPEARANCES - Limited to items on closed session only Public comment:

Sygale Lomas, Carmel Chamber of Commerce
Cindy Lloyd

ADJOURNMENT
Council adjourned the regular meeting at 6:40 PM and moved to closed session. Closed session adjourned at 7:05 PM.

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

CARMEL-BY-THE-SEA

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, January 9, 2024
CALL TO ORDER AND ROLL CALL - 4:30 PM
Mayor Dave Potter called the meeting to order at 4:32 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.

PUBLIC APPEARANCES
The following members of the public spoke:

Mark Stillwell
Girard Rose
Marshall Fullbright
Craig Rose
Nancy Twomey
Catherine
Chris Cav
Jo Todd

EXTRAORDINARY BUSINESS
A. Carmel High School Report Out
Carmel High School ASB Student Alexander Frederick gave a report on upcoming events including sports games, student club faire, mock trial tournament, arts programs, and fundraising events.

B. Appointment of Mayor Pro Tempore for 2024
Mayor Potter nominated Councilmember Richards as the Mayor Pro Tem for calendar year 2024.

Motion by Mayor Potter to appoint Councilmember Richards and the Mayor Pro Tem for the 2024 calendar year, 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
Attachment 2
January 9, 2024 – City Council Meeting Minutes

Page 2 of 6 ends

ANNOUNCEMENTS
A. City Administrator Announcements - Announced that Assistant City Administrator Maxine Gullo will be leaving at the end of the month to pursue a new career opportunity. He thanked her for her hard work and dedication to the City over the past 8 years.

B. City Attorney Announcements - No reportable action from closed session on January 8, 2024.

C. Councilmember Dramov – Spoke in memory of Janice Bradner, a longtime resident who was dedicated to the City.

Councilmember Ferlito - Attended the Emergency Preparedness Community meeting and said it was very well presented and thanked City staff and CERT.

Mayor Pro Tem Richards - Thanked everyone for the birthday wishes.

CONSENT AGENDA
Mayor Potter pulled item #5 for clarification. A member of the public pulled items #2 and #3 for comment, as well as item #12. Councilmember Dramov pulled item #11 for comment.

Motion by Mayor Pro Tem Richards, to approve consent agenda item #’s 1, 4, 6, 7, 8, 9, and 10, seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - December 4, 2023, Special Meeting Minutes & December 5, 2023, Regular Meeting Minutes
Item 4 - Resolution 2024-004 adopting the Fiscal Year 2024-2025 budget schedule Item 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 Item 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 Item 8 - Resolution 2024-008 ratifying an appointment to the Forest and Beach Commission Attachment 2
January 9, 2024 – City Council Meeting Minutes

Page 3 of 6 ends

Item 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
Item 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

ITEMS PULLED FROM CONSENT AGENDA
Item 2 - November 2023 Monthly Reports - pulled from consent by a member of the public No comments or discussion, item was pulled by mistake. Motion to approve under item #5.

Item 3 - November 2023 Check Register Summary - pulled from consent by a member of the public
No comments or discussion, item was pulled by mistake. Motion to approve under item #5.

Item 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 Mayor Potter pulled the item for clarification. Community Activities and Library Director Ashlee Wright said that the item before the Council will be approving the exterior painting only, and it was put off due to the pandemic and lack of CIP funds. She clarified that the exterior painting will be done through a change order.

Public Comment:

Dale Byrne
Craig Rose
Motion by Councilmember Baron, to approve consent agenda items 2, 3, and 5, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Attachment 2
January 9, 2024 – City Council Meeting Minutes

Page 4 of 6 ends

Item 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.

Councilmember Dramov pulled this item to discuss. She said that she is against unfunded mandates passed down by the state and therefore does not support the contract amendment for EMC Planning and would be voting no.

Motion by Councilmember Baron, to approve Resolution 2024-011, seconded by Councilmember Ferlito, and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None
Item 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 (CRID) Owners' Association
The item was pulled from consent by a member of the public. City Administrator Rerig outlined the function of Visit Carmel as a destination marketing organization. He explained that restaurants in the area have voluntarily agreed to levy a $0.25 tax per $100 in sales, with the aim of supporting attract visitors to Carmel and highlight its restaurants. He clarified that the 10-year agreement with Visit Carmel to manage the adopted CRID Management Plan is commensurate with the term of the District, and under the terms of the agreement, the City's responsibility entails collecting the taxes as a pass through agency, retaining a nominal amount to cover administrative expenses, and remitting the remainder to Visit Carmel for advertising purposes. He added that the restaurants have representation on the CRID board to ensure that marketing strategies align with their preferences and objectives.

Public comment:

Craig Rose
Motion by Councilmember Ferlito, to approve Resolution 2024-012, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Attachment 2
January 9, 2024 – City Council Meeting Minutes

Page 5 of 6 ends

ORDERS OF BUSINESS
Item 13 - Consideration of philosophy regarding ticketed events held in the public right-of-way during Car Week
Community Activities and Library Director Wright presented an overview of Car Week public and private events, highlighting pre- and post-pandemic scenarios along with associated benefits, challenges, and concerns regarding ticketed events. She answered questions and provided clarification on various aspects and asked for the Council’s direction on whether to pursue a proposed ticketed event for Car Week.

Public comment:

Richard Kreitman
Nancy Twomey
Council discussion resumed. Council agreed that there is insufficient time to consider a proposal for a ticketed Car Week event this year and gave consensus direction to staff to not pursue ticketed events at this time.

Item 14 - Receive a presentation regarding Scout House Options and provide direction to staff Public Works Director Bob Harary presented the item, covering the Scout House history, current building condition, and five proposed options for Council consideration:

1. Renovate the Scout House as a Capital Improvement Project

2. Sell the Property

3. Reissue the Request for Proposals (RFP) for contractors to Renovate, Lease, and Operate the Scout House

4. Relocate and Renovate the Building and Sell the Existing Property

5. Maintain the Status Quo (keep the Scout House closed and perform maintenance as necessary)
Director Harary detailed each option’s pros, cons, and State Land Act Restrictions, and Attorney Joan Cox addressed legal concerns.

Public Comment:

Richard Kreitman
Dale Byrne
Hans Guter
Council dismissed options 1 and 3, and favored the relocation option, suggesting potential sites aside from Sunset Center North lot, like the passthrough parcels the city owns between Torres and Junipero, and between Junipero and Mission, where 9 th Avenue would be. Council discussed
affordable housing possibilities on the existing site if the Scout House is relocated. Council gave Attachment 2
January 9, 2024 – City Council Meeting Minutes

Page 6 of 6 ends

consensus direction to further explore the cost to relocate the Scout House to a different site, and to investigate the “Monterey Model” for city owned housing.

Item 15 - 6th Cycle Draft Housing Element (2023-2031), Response to HCD Comment Letter Principal Planner Marnie Waffle presented the 6th Cycle Draft Housing Element and provided an update on the comments received from the California Department of Housing and Community Development (“HCD”) on November 1, 2023. She stated that staff and the Housing Ad Hoc have been actively addressing the comments to fulfill the regional housing needs allocation (“RHNA”) requirement of 349 units. Ms. Waffle highlighted that 49 units have received state approval, reducing the remaining count to 300 units. She outlined the Housing Priority Overlay District, policy decisions, modifications, and the timeline for Council’s completion of the final housing element.

Public comment:

Mark Stillwell
Kristi Reimers
Cindy Lloyd
Council gave consensus direction to staff to maintain story poles and rezoning commercial property to R-4 only if necessary, as the City’s housing element already offers sufficient housing options with a buffer to meet RHNA numbers. Council instructed staff to proceed according to the proposed timeline.

Council commended Ms. Waffle on her diligent efforts and commitment to completing the project.

FUTURE AGENDA ITEMS
None

ADJOURNMENT
Council adjourned the meeting at 7:02 pm.

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: December 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 $60K for Dec. 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 Report for December 2023

CITY OF CARMEL-BY-THE-SEA
Monthly Report

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

In December 2023, 18 planning permit applications were received.

II. BUSINESS LICENSE APPLICATIONS:

In December 2023, 6 business license applications were received.

III. BUILDING PERMIT APPLICATIONS:

In December 2023, 32 building permit applications were received.

IV. CODE COMPLIANCE CASES:

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

V. TRANSIENT RENTAL COMPLIANCE CASES:

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

VI. ENCROACHMENT PERMIT APPLICATIONS:

In December 2023, 21 encroachment permit applications were received.

VII. TREE PERMIT APPLICATIONS:

In December 2023, 20 tree permit applications were received.

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: January 24, 2024
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 1
VIII. YEAR-TO-DATE TRENDS
Table 1 includes the following December 2023 totals:
• Planning Permit Applications
• Business License Applications
• Building Permit Applications
• Code Compliance Cases
• Transient Rental Cases
• Encroachment Permit Applications
• Tree Permit Applications
December 2023 totals are provided alongside December 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 EVAL./

PRUNING/

REMOVAL
2022 YTD
Totals 376 59 498 240 45 270 178
2023 YTD
Totals 391 74 600 241 36 283 380
YTD %
Difference + 3.99% + 25.42% + 20.48% + 00.42% - 20.00% + 4.81% + 113.48% Attachment 1
Page: 1 of 4
Planning Permit Report
12/01/2023 - 12/31/2023
Permit
#
Permit
Type
Project Description Address/Location Date
Received
Date
Approved
Status
23390 Design
Review
LIGHTING: add recommended
lighting for alleyway and front
entrance.

San Carlos 2 SE 5th
St
12/28/2023 In Review
23389 Use Permit Add 14 additional outdoor
seats in existing patio for
dining at Carmel bistro
Giovanni
San Carlos 2 SE 5th
St
12/28/2023 In Review
23388 Closed
23387 Design
Review
Installation of a 24kW
Commercial Rooftop PV
System
NE Corner Junipero
& 5th
12/4/2023 Closed
23386 Sign J. McLaughlin - Replace
existing blade sign from yellow
to blue w/ the same
dimensions to adhere to the
brand's new standards.

NW Corner of
Ocean & Dolores
(1770 Ocean
Avenue)
12/18/2023 1/2/2024 In Review
23385 Use Permit USE PERMIT AMENDMENT.

OUTDOOR SEATING:

Additional seven(7) outdoor
patio seats.

OUTDOOR HEATERS:

Permanent and plumbed
outdoor gas heaters, or
moveable outdoor propane
heaters.

Ocean Avenue 3
SW of Lincoln
Street
12/6/2023 In Review
23384 Use Permit Update/amend existing
business license and use
permit for Stationaery
Restaurant.

OUTDOOR SEATING: Allow
twenty-four (24) outdoor seats
located in the existing
courtyard.

HEATING: Install three (3)
new gas Bromic heaters, wallmounted to existing building.

AWNINGS: Install new 4' wide
awning over front entry door.

HOURS OF OPERATION:

Modify hours of operation to
8:00 a.m. – 10:00 p.m.

San Carlos Street
east side between
5th and 6th
Avenues
12/15/2023 In Review
Attachment 1
Page: 2 of 4
23383 Design
Review
Eligibile facilities request per
Section 6409 - Install wireless
communications transmission
equipment for DISH Wireless
at an existing telecom support
structure.

Ocean 2 SW of San
Carlos
12/18/2023 In Review
23382 Design
Study
Replace exterior door, 16' 0",
to fix the doors pan to stop the
water leak in basement. New
copper pan and new door,
same opening and same
height. Hallway bathroom
remodeling with same layout;
only new toilet, vanity, tile
floor, and walls.

SW Corner of
Monte Verde & 9th
12/14/2023 In Review
23381 Use Permit DATE: 12/31/2023 -
01/01/2024, 1:00 a.m. USE:

Extra space needed to
accommodate higher-thannormal influx of people on
New Year's Eve. MUSIC: No
live music.

SEATING/STANDING: Approx.
52 seats; 75 standing.

San Carlos 2 NE of
7th
12/13/2023 In Review
Attachment 1
Page: 3 of 4
23380 Preliminary
Site
Assessment
Remodel And Addition To An
Existing 898 Sf Single Family
Residence with a detached 170
SF Garage (To Be Removed).

The project includes: Removal
of Existing Detached Garage,
1,066 SF Addition to Main
Residence, including addition
at Entry, Kitchen, New Garage,
and 2nd story Primary Suite
with Deck. New Addition to
use painted wood shingles to
match existing and painted
wood doors and windows. New
roofs to use Composite asphalt
shingles to match existing.

Reconstruction of 251 SF Rear,
Spaced Board Wood Deck.

Remodel includes Kitchen and
Bathrooms. New 390 SF
Accessory Dwelling Unit.

Exterior Site Changes include:

Removal Of The Brick Pathway
To The Entry And Replacing
with Flagstone Path, Addition
of Flag, Step Stone Paths,
Removal of Existing Gravel
Driveway And Replaced With
Stone Driveway Runners With
Planting Strips, New Concrete
Steps Basement, New
Landscaping with Grape Stake
Fence, No Trees to be
Removed. One Tree limb off
Multi-Branch Oak Tree to be
removed. This has been
reviewed by City Forester.

SW Corner of
Mission Street and
12th Avenue
12/13/2023 In Review
23379 Design
Study
Replace rotten doors and
windows to match existing.

Trim and paint to match
existing. Repair rotting deck
boards and railings; kitchen
and bathroom remodel.

Casanova 3 SW of
7th
12/26/2023 In Review
23378 Use Permit Convert small space next door
to Il Tegamino restaurant,
from retail use to restaurant
use. No new water or new
seats required. Expansion of
current allowed seating into
new space, not to exceed
currently allowed 24 indoor
seats. No changes to exterior
seating.

Ocean Avenue
between Lincoln &
Monte Verde, Court
of Golden Baugh
12/12/2023 In Review
Attachment 1
Page: 4 of 4
23377 Design
Study
Bathroom addition, 75 SF. NW Corner of
Torres & 1st
12/20/2023 In Review
23376 DUPLICATE. SEE DS 23-375
(Brown).

Scenic 3 SE of 12th. Closed
23375 Design
Study
Modify front of home by
replacing existing windows,
doors and adding 462 sq. feet
of deck. Remove the existing
concrete drive and replace
with permeable pavers. The
existing roof is to remain. The
existing footprint of the home
will not change. No trees will
be removed. The existing
grading, drainage, and
landscaping to remain.

Scenic 3 SE of 12th 12/6/2023 In Review
23374 Design
Study
58 Sq foot garbage
enclosure/bicycle storage
Vizcaino 12 SW
Mountain View
12/4/2023 In Review
23373 Historic
Evaluation
Historic Evaluation S.W. Corner of
Lincoln and 10th
Ave.
12/4/2023 In Review
Total Records: 18 1/19/2024
Attachment 1
Page: 1 of 1
Business License Report
12/01/2023 - 12/31/2023
Entity # Application
Type
Business Name Business
Description
Location Date
Received
Date
Approved
Status
23073 New Business Earth Cura
Apothecary
Skincare, wellness;
self-care products;
candles; jewelry;
hair/hat accessories
San Carlos 3
NW of 8th
12/15/2023 1/10/2024 Approved
23072 Ownership
Change
Cafe Luna Breakfast, lunch,
and dinner; drinks,
incl. coffee, tea,
Boba, and
smoothies.

Ocean
Avenue &
Mission
Street
12/13/2023 1/10/2024 Approved
23071 New Business Joshua Ezekiel
Language
Services
Interpretation and
translation
4 SE Crespi 12/18/2023 In Review
23070 New Business Salty Soul
Sanctuary
Yoga Studio Ocean &
Mission
12/8/2023 In Review
23069 Ownership
Change
De Tierra
Vineyards
Wine Tasting Room Mission
Street 3 SE
of Fifth
Avenue
12/13/2023 1/2/2024 Approved
23068 New Business Kayne LLC DBA
Jenni Kayne
Retail sales of
women's clothing
and accessories
Ocean &
Mission
12/6/2023 1/10/2024 Approved
Total Records: 6 1/19/2024
Attachment 1
Page: 1 of 4
Building Permit Report
12/01/2023 - 12/31/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit
Type
Property
Location
230598 12/27/2023 Repair deck & handrail in
place, Master Bath partial
remodel, replace 2 exterior
doors
25,000 Building Dolores 4 SE of
2nd
230597 VOID - DUPLICATE - DO
NOT USE.

ADA Restroom Remodel /
New Tenant Restroom
273,451 Building Ocean Ave & San
Carlos St
230596 12/21/2023 Remodel to (E) 2,933 SF
SFD and attached 276 SF
garage.
1,500,000 Building NE Corner of
Scenic and 12th
230595 12/21/2023 Remove existing 264sf
detached garage and
construct a new detached
200 sf garage.
0 Building Santa Fe 3 NE of
Mountain View
230594 12/21/2023 Construction of a new
detached ADU.
0 Building San Antonio 1 NW
of 9th
230593 12/20/2023 1/17/2024 Mold Mitigation project.

Three part waterproofing
on 80lf of foundation wall.
3,000 Building NW Corner of
Monte Verde &
7th
230592 12/20/2023 1/5/2024 Re-roof: Remove and
replace existing Charcoal
composite shingle to
CertainTeed brand
Landmark TL in the color
Country Grey.
35,200 Roofing SE Corner of
Camino Real &
10th
230591 12/20/2023 12/20/2023 Replace an existing water
heater with a new 40
gallon water heater.
1,500 Plumbing SE Corner of
Mission & 5th
230590 12/19/2023 12/19/2023 Replace (e) 100 amp
electrical panel with (n)
100 amp electrical panel.
6,000 Electrical Guadalupe 2 NW
of 6th
230589 12/20/2023 Removal of existing stair,
door permanently installed
as a window.
6,000 Building SW Corner of
Camino Real &
8th
230588 12/20/2023 100 SF Add'n to Kitchen at
north side, 844 SF two
story add'n. at rear.
490,000 Building Mission 2 NW of
Santa Lucia
Attachment 1
Page: 2 of 4
230587 12/19/2023 Remodel 3,108sf
commercial space #115
within the Carmel Plaza. TI
includes new entry doors,
new interior stairs, ADA
upgrades, new dressing
area at the lower level,
new sales counter, new
beverage bar and counter.

Exterior installation of new
black and white striped
awning to replace old
awning at Mission St.
60,000 Building Carmel Plaza
Suite 115
230586 12/19/2023 1/8/2024 Installation of 68 feet poly gas line.
250 Plumbing NW Corner of San
Antonio & 2nd
230585 12/19/2023 1/12/2024 Repair 100sf of existing
plaster soffit and standing
seam metal roof on existing
commercial building over
public sidewalk.
20,000 Building Dolores 3 NW of
6th
230584 12/15/2023 Replace 4 windows in the
existing unit. Two windows
in the stair landing, the
front living room window,
and the bedroom window.

Windows to be new Sierra
Pacific.
0 Exempt
Work
SW Corner of
Junipero & 4th,
Unit H
230583 12/15/2023 Change existing patio door
for same opening, same
height. Remodel existing
bathroom with the same
layout and new plumbing
fixtures.
9,000 Building SW Corner of
Monte Verde &
9th
230582 12/15/2023 Remodel of existing 1555
SF house, 270 SF attached
garage, and 715 SF
addition. including new 2nd
floor. New kitchen, new
bathrooms, new electrical,
plumbing, and mechanical
systems. Replace all (e)
windows with (n) windows.
550,000 Building 4th 2 NE of Lobos
230581 12/13/2023 632sf interior remodel
consolidating two units into
a one bedroom single
family residence. Project to
include a new FAU.
125,000 Building Mission 3 SW of
4th
Attachment 1
Page: 3 of 4
230580 12/12/2023 Remove & replace
damaged exterior vertical
siding at portions of the
front and rear elevations.

In-kind materials will be
used for the replacement.
0 Exempt
Work
Lopez 4 NE of 4th
230579 12/12/2023 Construct a new basement
level ADU under an existing
residence. Remove and
replace existing deck above
ADU level.
219,000 Building NW Corner of
Camino Real &
7th
230578 12/11/2023 Remove chimney and add a
set of operable 36" french
doors and two 36" french
door panels.
2,000 Building SW Corner of
Dolores & 12th
230577 12/8/2023 Phase 1 - shell work to
allow for the installation of
a pair of exterior doors.

New PG&E electrical
service.
10,000 Building Dolores 2 NW of
7th
230576 12/7/2023 Main front addition, wood
deck and stairs remodel,
reduce and rebuild garage
in new location, kitchen
and bathroom remodel,
upper balcony remodel,
interior stairs remodel, and
addition of laundry under
stairs.
500,000 Building Santa Fe 3 NE of
Mountain View
230575 12/6/2023 12/7/2023 Tear off (e) wood shake
roof to original sheathing
and install new Landmark
TL roofing in color Autumn
Blend.
48,898 Roofing Camino Real 2 SE
of 12th
230574 12/6/2023 New area kitchen, existing
kitchen converted to
bedroom two, powder
room converted to a full
bath, electrical and pluming
update/replacement, new
windows, and new gutters.
118,000 Building Guadalupe 2 NW
of 7th
230573 12/6/2023 12/6/2023 remove existing unit,
replace with new 96%
efficient 2 stage bryant
926TB30040V14
10,741 Mechanical Perry Newberry 3
NW of 5th
230572 12/6/2023 12/6/2023 Retroactive permit
authorization for gas meter
box replacement and gas
leak repair.
0 Plumbing NE Corner of
Guadalupe & 5th
Attachment 1
Page: 4 of 4
230571 12/6/2023 Addition of three residential
apartments and remodel of
two commercial spaces.
2,000,000 Building Dolores 4 NE of
7th
230570 12/6/2023 623sf interior remodel
consolidating two attached
units into a one bedroom
SFR with a new FAU.
125,000 Building Mission 3 SW of
4th
230569 VOID, SEE PERMIT 21-425. 15,000 BP Revision 3 SW of 13th on Camino Real
230568 12/1/2023 Generac 14kw generator
installation
22,738 Electrical San Carlos 4 NW
of 13th
230567 12/1/2023 1/2/2024 Extend electrical lines and
install necessary equipment
for new coffee bar.
0 Plumbing SW Corner of
Ocean and
Mission
Total Records: 32 1/19/2024
Attachment 1
Page: 1 of 2
Code Compliance Report
12/01/2023 - 12/31/2023
Case # Case Date Status Location Problem Description Date Received
Date
Closed
24013 12/27/2023 Open Lincoln 3 NW of 5th Unsafe structure/ rodent harborage
12/27/2023
24012 12/26/2023 Open NEC Lobos and 1st Rocks in right-of-way 12/26/2023 24011 12/21/2023 Closed Carmel Plaza Unpermitted business use 12/21/2023 24010 12/20/2023 Open Lobos 2 NW of 4th Gravel in right-of-way 12/20/2023 24009 12/18/2023 Closed Forest 4 NW of 7th Construction without a permit
12/18/2023
24008 12/18/2023 Open Mission NW of 6th Bird stand on City tree 12/18/2023 24007 12/14/2023 Closed San Carlos 4 NW of
Santa Lucia
Sign in right-of-way 12/14/2023
24006 12/14/2023 Closed San Carlos 3 NW of
Santa Lucia
Sign in right-of-way 12/14/2023
24005 12/6/2023 Open Torres 4 NE of 4th Encroachment violation 12/6/2023 24004 12/4/2023 Closed 7th NE of Dolores Trash on sidewalk 12/4/2023 24003 12/4/2023 Closed Lincoln SE of 5th Exterior lighting 12/4/2023 24002 12/4/2023 Closed Forest 2 SE pf 8th Fence construction 12/4/2023 24001 12/4/2023 Closed NWC 2nd and Santa
Fe
Gas leaf blower 12/4/2023
23229 12/29/2023 1st NOV
sent
Torres 2 SE of 1st Transient Rental 12/27/2023
23228 12/7/2023 Closed No business license 12/7/2023
23227 12/15/2023 Open Dolores 4 SE of 2nd Remodel construction including but not limited
to complete bathroom
remodel, deck remodel,
installation of patio doors,
new gas piping to kitchen
range without proper
permits or authorization.
12/14/2023
23226 12/14/2023
23225 12/14/2023 Open Dolores 4 SE of 2nd Remodel construction without proper permits
including but not limited
to a complete bathroom
remodel, installation of 2
patio doors, rebuilding a
deck, guards & handrails
and installation of new
gas piping to the kitchen
range
12/14/2023
Attachment 1
Page: 2 of 2
23224 12/12/2023 Open SWC Monte Verde
and 9th
Construction and
generator installation
12/12/2023
Total Records: 19 1/19/2024
Attachment 1
Page: 1 of 2
Transient Rental Report
01/01/2023 - 12/31/2023
Case # Street Status Date Received Last Status
Date
Date Closed
23229 Torres 1st NOV sent 12/27/2023 12/29/2023
23220 Perry Newberry Closed 11/24/2023 12/20/2023 12/20/2023 23217 Lopez Closed 11/20/2023 11/27/2023 11/27/2023
23216 Lincoln 2nd NOV sent 11/14/2023 12/8/2023
23213 Casanova 2nd NOV sent 11/14/2023 12/8/2023
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 Closed 10/17/2023 12/8/2023 12/8/2023
23189 San Antonio Closed 10/13/2023 12/8/2023 12/8/2023 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
Attachment 1
Page: 2 of 2
23005 Carpenter Closed 1/8/2023 2/3/2023 2/3/2023
23004 5th Closed 1/5/2023 2/3/2023 2/3/2023
23003 Dolores and 1st Closed 1/5/2023 2/3/2023 2/3/2023 Total Records: 36 1/11/2024
Attachment 1
Page: 1 of 3
Encroachment Permit Report
12/01/2023 - 12/31/2023
Permit
#
Permit
Type
Date
Submitted
Project Description Property Location Date
Issued
Status
230282 Driveway 12/27/2023 Replacing old asphalt
driveway, walkway, and
entryway with pavers
Santa Fe 3 NW of
3rd
230281 Temp Ench 12/19/2023 PG&E to complete
emergency repairs,
complete restoration
from a 10'x10' bellhole.

PM# 46065462.

Intersection of
Santa Rita & 6th
12/19/2023 Issued
230280 Temp Ench 12/19/2023 Block scenic for
approximately three
hours or less to allow for
crane to lift spa over
house to repair leak on
pation.

SE Corner of Scenic
& 9th
12/21/2023 Issued
230279 Temp Ench 12/19/2023 REPLACE 89' OF SEWER

DRAIN IN THE STREET
24743 SAN CARLOS
ST
In Review
230278 Temp Ench 12/15/2023 Replace sewer lateral
using pipe bursting.

Casanova 2 NE of
13th
12/15/2023 Issued
230277 Temp Ench 12/14/2023 Renew water service for
fire suppression. USA
#2023112802099.

Casanova & 4th 12/15/2023 Issued
230276 Temp Ench 12/13/2023 Close off sidewalk in
order for crane to load
one skylight.

CONDITION: SIDEWALK

CLOSED AHEAD SIGN TO

BE PLACED AT JUNIPERO
AND 5TH
SW Corner of
Junipero & 4th
12/13/2023 Issued
230275 Temp Ench 12/13/2023 Replace sewer lateral
using pipe bursting.

Santa Fe 4 SW of
Ocean
12/13/2023 Issued
230274 Temp Ench 12/13/2023 Installation of a double
cabinet next to existing
cabinets to meet 72 hour
back up, per CPUC
mandate.

Dolores 5 NE of 3rd 1/2/2024 Issued
230273 Temp Ench 12/13/2023 Replace sewer lateral
using pipe bursting.

Mission 4 SE of 13th 12/13/2023 Issued
Attachment 1
Page: 2 of 3
230272 Perm Ench 12/8/2023 Legalize existing right of
way encroachment to
include: existing concrete
paving, existing mortared
stone walkway, existing
fan shaped brick edging,
and existing mortared
stone garden wall.

Carmelo 2 NE of 8th In Review
230271 Temp Ench 12/7/2023 PG&E to install
underground electrical
service & replace pole.

PM# 35462985.

Junipero 2 SE of
Ocean
12/14/2023 Approved
230270 Temp Ench 12/6/2023 PG&E to install new
transformer and two
service drops. PM#
35508786.

Carmelo 3 SE of
13th
12/7/2023 Issued
230269 Temp Ench 12/6/2023 Excavate a 9'x17' pit in
the asphalt to repair
damages due to a water
leak repair for CalAm.
811 #2023110102229.

Dolores 21' South of
12th
12/7/2023 Issued
230268 Temp Ench 12/6/2023 Excavate a 5'x5' pit in the
asphalt to repair
damages due to a water
leak repair for CalAm.
811 #2023110102333.

Junipero 71' North
of 10th
12/13/2023 Issued
230267 Temp Ench 12/6/2023 Excavate a 17'x3' and
2'x3' pit in the asphalt to
repair damages due to a
water leak repair for
CalAm. 811
#2023010500181.

San Carlos 60'
South of 6th
12/7/2023 Issued
230266 Temp Ench 12/6/2023 Excavate a 15'x5' pit in
the asphalt to repair
damages due to a water
leak repair for CalAm.
811 #2023103002607.

Junipero 200' South
of Ocean
12/7/2023 Issued
230265 Temp Ench 12/6/2023 Excavate a 4'x4' pit in the
asphalt to repair
damages due to a water
leak repair for CalAm.
811 #2023110102294.

Dolores 80' South of
4th
12/7/2023 Issued
230264 Temp Ench 12/6/2023 Placement of moving
trucks from house on
13th 2 SE of Lincoln &
dropping off at Carpenter
2 SE of 4th.
13th 2 SE of Lincoln
/ Carpenter 2 SE of
4th
12/13/2023 Issued
Attachment 1
Page: 3 of 3
230263 Temp Ench 12/4/2023 PG&E to install
underground service,
replace pole, extend
overhead primary line,
install new transformer,
and replace existing
cutouts & fuses. Tree
trimming required. PM#
35386108.

Camino Del Monte 4
NW of San Carlos
1/10/2024 Issued
230262 Temp Ench 12/1/2023 Partial sewer lateral
replacement from
property line to city main.

Lincoln 3 SE of 11th 12/13/2023 Issued
Total Records: 21 1/19/2024
Attachment 1
Page: 1 of 2
Tree Permit Report
12/01/2023 - 12/31/2023
Permit
#
Permit
Date
Permit
Type
Location of
Property
Description Status Approved
Date
23361 12/1/2023 Tree Santa Rita 4 SE
Ocean Ave Carmel,
CA 93923
Remove one 15" oak. In
Review
23362 12/1/2023 Tree Camino Real 2 SW of
4th Ave.

Remove four (4) Live Oaks:
8", 9", 13", and one doublestemmed tree, 11" & 12".

In
Review
23363 12/3/2023 Tree
Evaluation
San Carlos St, 3rd
house south of 8th
EVALUATION ONLY: One (1)
Oak and one (1) Redwood.

In
Review
23364 12/6/2023 Tree
Evaluation
25990 JUNIPERO ST:

In the front Northeast
corner
EVALUATION ONLY.

Evaluate and hopefully
remove a large &
problematic pine tree. One
(1) Pine tree, +/-25 feet in
diameter. Located on city
property.

In
Review
23365 12/7/2023 SW Corner of
Carmelo & Seventh
Avenues
REMOVE: Tree #1, 39"+ at
base Db. Spar Pinus Radiata
(Monterey Pine) on City
ROW.

Approved
23366 12/7/2023 Tree
Evaluation
Third and Carpenter
Northeast Corner
Tree Evaluation for Removal.

One (1) 36-inch diameter
Monterey Pine located on
city property.

Approved
23367 12/7/2023 Tree
Evaluation
NW corner Lincoln
and Tenth Avenues
Removal of a total of twenty
limbs from oaks, cypress,
and pittosporum trees.

Approved 12/15/2023
23368 12/8/2023 Tree Roots are destroying
driveway and wall
close to water supply.

REMOVE: One (1) City
Cypress tree, 18".

In
Review
23369 12/8/2023 Tree Forest 4 NW of
Mountain View
REMOVAL: Four (4) trees
total; two (2) on private
property; two (2) on City
property. City trees are
approx. 18" in diameter. One
(1) 24" Pine that snapped in
half last winter. One (1) 36"
Pine next to the house.

Approved 12/21/2023
23370 12/9/2023 Tree 3rd Ave 2 NW Lobos PRUNING: Trim tree limbs for building clearance and
safety
Approved 1/2/2024
23371 12/15/2023 Tree Sterling Way 2 NE of
Perry Newberry
REMOVE: One (1) Monterey
Pine tree (dangerous lean).

Approved 12/18/2023
Attachment 1
Page: 2 of 2
23372 12/18/2023 Tree Northeast Corner of
Santa Fe and 8th Ave
REMOVE: dying Pine tree
located in City right of way
on north side of driveway.

In
Review
23373 12/19/2023 Tree
Evaluation
25983 MISSION ST EVALUATION ONLY prior to
tree removal.
23374 12/21/2023 Tree
Evaluation
N. Carmelo 5 NW of
4th Ave.

EVALUATION: One (1)
Redwood tree; size is 22' x
55-60'. **NOTE**Please
coordinate evaluation, so
owner can be present.

In
Review
23375 12/21/2023 Tree Torres 2 NW of 2nd REMOVE: One (1) 16" multitrunk Oak tree.In Review
23376 12/21/2023 Tree
Evaluation
Torres Street 3 NE of
4th Avenue
EVALUATION: Oak tree to
be trimmed to help fight
oakworm. Several dead
branches. Property owners
are unsure if tree is on City
or private property; they
suspect it is a City tree--on
street, outside fence line.

In
Review
23377 12/21/2023 Tree San Antonio 3 NW of
12th
REMOVE: One (1) extra
large Cypress tree on the left
side of the driveway.

In
Review
23378 12/21/2023 Tree Torres St 5 SW of
10th
REMOVAL: One (1) large
pine tree.

In
Review
23379 12/21/2023 Closed
23380 12/21/2023 Tree Santa Fe 3 SW
Mountain View
PRUNING: Pine Tree
previously inspected; trim
approximately five (5) limbs.

In
Review
Total Records: 20 1/19/2024
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
December 2023

AMBULANCE REPORT
Summary of Carmel Fire Ambulance December 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 December 2023, the ambulance was unable to meet the performance measure. The response time was 86% with (5) code-3 calls over 5 minutes.
41 Calls for service in CBTS Average response time: 3:45 min. 36 Code 3 calls for service –Five calls over 5:00 min.

Lopez & 2nd (8:31 min Response) Did not hit the on-scene button.

Ladera & Rio (5:39 min Response) Delay due to distance based on location.

Mission & 1st (6:05 min Response) Did not hit the on-scene button.

San Antonio & 11th (5:55 min Response) Delay due to distance based on location.

San Antonio & Ocean (5:31 min Response) Did not hit the on-scene button.

MONTEREY FIRE REPORT
Summary of Monterey Fire December 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 December 2023, the fire department was unable to meet the performance measure. The response time was 93% with (3) code-3 calls over 5 minutes.
54 total calls for service in CBTS Average response time: 2:41 min. 43 total Code-3 calls – Three calls with a response time over 5:00 min.

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%.

Ladera & Rio (5:43 min Response) responded from St 15, normal response time due to location.

Junipero & 4th (8:12 min Response) E11 responded from St 11, delay due to distance.

Lincoln & 8th (5:35 min Response) EMS call had to stage due to protocol.

BEACH FIRES
There were 0 illegal beach fires recorded during the month of December, 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 12/2/2023 10:55 AM 231202-MNT09267 0:03:23 OCEAN AVE SAN CARLOS ST 3 Medical assist, assist EMS crew 12/12/2023 8:43 AM 231212-MNT09521 0:02:39 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 12/1/2023 5:06 PM 231201-MNT09252 0:04:47 7TH AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 12/4/2023 6:33 PM 231204-MNT09325 0:03:54 25921 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 12/4/2023 9:08 PM 231204-MNT09327 0:02:01 MISSION ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/5/2023 7:29 PM 231205-MNT09351 0:02:35 LINCOLN ST 3RD AVE 3 EMS call, excluding vehicle accident with injury 12/5/2023 8:32 PM 231205-MNT09353 0:02:35 CASANOVA ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/10/2023 12:19 AM 231210-MNT09463 0:03:35 MISSION ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 12/10/2023 7:05 AM 231210-MNT09466 0:05:00 LOPEZ AVE 2ND AVE 3 EMS call, excluding vehicle accident with injury 12/10/2023 6:08 PM 231210-MNT09481 0:02:13 JUNIPERO AVE 6TH AVE 3 EMS call, excluding vehicle accident with injury 12/13/2023 11:36 AM 231213-MNT09552 0:00:16 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 12/13/2023 7:26 PM 231213-MNT09561 0:02:37 OCEAN AVE MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 12/15/2023 7:44 AM 231215-MNT09583 0:04:06 SAN ANTONIO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/16/2023 1:05 PM 231216-MNT09620 0:03:52 CARPENTER ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 12/18/2023 4:04 AM 231218-MNT09655 0:04:13 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 12/18/2023 9:16 AM 231218-MNT09665 0:02:52 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/19/2023 7:09 AM 231219-MNT09696 0:03:09 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 12/21/2023 11:06 PM 231221-MNT09756 0:05:43 26152 LADERA DR 3 EMS call, excluding vehicle accident with injury 12/22/2023 7:18 PM 231222-MNT09776 0:02:29 GUADALUPE ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 12/22/2023 10:21 PM 231222-MNT09781 0:03:48 1ST AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 12/22/2023 10:34 PM 231222-MNT09782 0:08:12 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 12/26/2023 7:39 PM 231226-1940-MNT 0:03:00 7TH AND FOREST ST 3 EMS call, excluding vehicle accident with injury 12/26/2023 7:34 PM 231226-MNT09884 0:03:36 FOREST RD 7TH AVE 3 EMS call, excluding vehicle accident with injury 12/27/2023 3:07 PM 231227-MNT09904 0:05:35 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/28/2023 4:14 PM 231228-MNT09934 0:02:12 OCEAN AVE SCENIC RD 3 EMS call, excluding vehicle accident with injury 12/28/2023 6:41 PM 231228-MNT09939 0:00:25 MISSION ST 6TH AVE 3 26 0:03:25
Motor vehicle accident with injuries 12/30/2023 1:52 PM 231230-MNT10003 0:01:58 MISSION ST 7TH AVE 3 1 0:01:58

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 12/01/2023 To: 12/31/2023
300-321 Series (EMS)
322-399 Series (Rescues)
23 12 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
Gas leak (natural gas or LPG) 12/21/2023 10:54 AM 231221-MNT09744 0:04:43 25951 RIDGEWOOD RD 3 Oil or other combustible liquid spill 12/9/2023 9:46 AM 231209-MNT09449 0:02:31 LINCOLN ST 9TH AVE 2 Accident, potential accident, other 12/20/2023 2:16 PM 231220-MNT09726 0:04:46 LINCOLN ST 13TH AVE 3 3 0:04:00
Water or steam leak 12/11/2023 6:26 AM 231211-MNT09495 0:05:55 MISSION ST 1ST AVE 2 Water or steam leak 12/14/2023 4:32 PM 231214-MNT09570 0:02:50 MONTE VERDE ST 8TH AVE 2 Water or steam leak 12/26/2023 7:30 AM 231226-MNT09864 0:04:53 4 OAK KNOLL WAY 3 Smoke or odor removal 12/12/2023 4:41 PM 231212-MNT09535 0:03:01 6TH AVE SAN CARLOS ST 3 Smoke or odor removal 12/18/2023 12:30 PM 231218-MNT09671 0:01:12 LOBOS ST 1ST AVE 3 Assist police or other governmental agency 12/26/2023 11:40 AM 231226-MNT09867 0:04:01 MISSION ST OCEAN AVE 3 Public service 12/1/2023 12:26 AM 231201-MNT09236 0:04:34 CARPENTER ST 5TH AVE 2 Assist invalid 12/6/2023 7:45 AM 231206-MNT09359 0:03:13 1ST AVE SANTA RITA ST 3 Assist invalid 12/15/2023 3:49 AM 231215-MNT09580 0:05:23 GUADALUPE ST 6TH AVE 2 Assist invalid 12/23/2023 7:20 AM 231223-MNT09790 0:04:30 SAN ANTONIO AVE 8TH AVE 2 No incident found on arrival at dispatch address 12/6/2023 9:45 PM 231206-MNT09382 0:00:30 GUADALUPE ST 7TH AVE 3 No incident found on arrival at dispatch address 12/7/2023 6:18 PM 231207-MNT09407 0:03:19 7TH AVE MONTE VERDE ST 3 No incident found on arrival at dispatch address 12/29/2023 9:41 AM 231229-MNT09956 0:04:53 LINCOLN ST 2ND AVE 2 No incident found on arrival at dispatch address 12/30/2023 11:06 AM 231230-MNT09994 0:02:50 N CASANOVA ST 2ND AVE 3 No incident found on arrival at dispatch address 12/31/2023 11:28 AM 231231-MNT10030 0:05:34 DOLORES ST 1ST AVE 2 EMS call, party transported by non-fire agency 12/30/2023 10:31 AM 231230-MNT09993 0:02:45 LINCOLN ST 7TH AVE 3 HazMat release investigation w/no HazMat 12/25/2023 10:55 AM 231225-MNT09850 0:03:37 4TH AVE JUNIPERO AVE 3 17 0:03:42
System malfunction, other 12/17/2023 6:13 PM 231217-MNT09651 0:02:47 CARMELO ST 11TH AVE 3 Smoke detector activation due to malfunction 12/4/2023 4:29 PM 231204-MNT09323 0:04:45 SAN ANTONIO AVE 11TH AVE 3 Smoke detector activation due to malfunction 12/18/2023 7:49 AM 231218-MNT09661 0:00:12 CAMINO REAL ST OCEAN AVE 2 Smoke detector activation due to malfunction 12/30/2023 12:04 PM 231230-MNT10000 0:02:34 MONTE VERDE ST 6TH AVE 3 Alarm system sounded due to malfunction 12/5/2023 11:32 AM 231205-MNT09339 0:05:39 MONTE VERDE ST 2ND AVE 2 Unintentional transmission of alarm, other 12/10/2023 1:31 AM 231210-MNT09464 0:02:59 MISSION ST 5TH AVE 2 Alarm system activation, no fire - unintentional 12/7/2023 1:52 PM 231207-MNT09400 0:02:40 6TH AVE DOLORES ST 3 7 0:03:05
Code 2 Calls 11
Code 3 Calls 43
54 93%
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
231221-MNT09756 E15 responded from St 15, normal response time due to location 231222-MNT09782 E11 responded from St 11, delay due to distance 231227-MNT09904 EMS call had to stage due to protocol
400 Series (Hazardous Material)
500 & 600 Series (Service Calls)
700 Series (False Alarms)
23 12 Carmel Fire Activity Report.xlsx 2
Type of Call Number Average Response Time
Fire 0 0:00
EMS 26 3:25
Rescue 1 1:58
Hazardous Condition 3 4:00
Service Calls 17 3:42
Severe Weather 0 0:00
False Call 7 3:05
Total Responses 54 2:41
Total Code 3 Calls: 43
Response Times for Code 3
Calls ≤ 5 minutes: 93%

CARMEL-BY-THE-SEA
DECEMBER 2023
Response Summary Report by Incident Type
Fire
0%
EMS
48%
Rescue
2%
Hazardous Condition
6%
Service Calls
31%
Severe
Weather
0%
False Call
13%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\Carmel Monthly Response Report\23 12 Carmel Fire Response Summary.xlsx 1/5/2024 Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
Emergency medical service incident, other 12/18/2023 231218-CFA01588 00:04:04 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 12/2/2023 231202-CFA01528 00:02:23 OCEAN AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 12/3/2023 231203-CFA01533 00:06:19 2774 14TH AVE 2 EMS call, excluding vehicle accident with injury 12/4/2023 231204-CFA01539 00:02:47 25921 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 12/4/2023 231204-CFA01541 00:02:17 MISSION ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/5/2023 231205-CFA01544 00:02:40 LINCOLN ST 3RD AVE 3 EMS call, excluding vehicle accident with injury 12/5/2023 231205-CFA01545 00:02:31 CASANOVA ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/6/2023 231206-CFA01552 00:00:51 GUADALUPE ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 12/10/2023 231210-CFA01562 00:03:19 MISSION ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 12/10/2023 231210-CFA01564 00:08:31 LOPEZ AVE 2ND AVE 3 EMS call, excluding vehicle accident with injury 12/10/2023 231210-CFA01566 00:02:01 JUNIPERO AVE 6TH AVE 3 EMS call, excluding vehicle accident with injury 12/13/2023 231213-CFA01579 00:02:10 OCEAN AVE MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 12/15/2023 231215-CFA01581 00:03:21 SAN ANTONIO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/16/2023 231216-CFA01585 00:03:59 CARPENTER ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 12/16/2023 231216-CFA01586 00:03:24 SANTA FE ST 1ST AVE 3 EMS call, excluding vehicle accident with injury 12/18/2023 231218-CFA01589 00:04:32 25009 HATTON RD 3 EMS call, excluding vehicle accident with injury 12/18/2023 231218-CFA01591 00:02:03 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/19/2023 231219-CFA01599 00:02:32 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 12/21/2023 231221-CFA01611 00:05:39 26152 LADERA DR 3 EMS call, excluding vehicle accident with injury 12/22/2023 231222-CFA01612 00:02:31 GUADALUPE ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 12/22/2023 231222-CFA01613 00:03:57 1ST AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 12/26/2023 231226-CFA01629 00:03:16 FOREST RD 7TH AVE 3 EMS call, excluding vehicle accident with injury 12/28/2023 231228-CFA01630 00:02:00 OCEAN AVE DEL MAR 3 EMS call, excluding vehicle accident with injury 12/28/2023 231228-CFA01631 00:01:00 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 12/30/2023 231230-CFA01633 00:02:46 LINCOLN ST 7TH AVE 2 25 0:03:14
322-399 Series (Rescues)
Motor vehicle accident with injuries 12/30/2023 231230-CFA01635 00:02:44 MISSION ST 7TH AVE 3 1 0:02:44
400 Series (Hazardous Material)
Hazardous condition, other 12/6/2023 231206-CFA01549 00:04:52 CAMINO REAL ST 4TH AVE 2 Hazardous condition, other 12/11/2023 231211-CFA01568 00:06:05 MISSION ST 1ST AVE 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 12/01/2023 To: 12/31/2023
23 12 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
400 Series (Hazardous Material) cont.

Hazardous condition, other 12/20/2023 231220-CFA01603 00:04:49 LINCOLN ST 13TH AVE 3 3 0:05:15
500 & 600 Series (Service Calls)
Smoke or odor removal 12/12/2023 231212-CFA01573 00:03:18 6TH AVE SAN CARLOS ST 3 Assist invalid 12/6/2023 231206-CFA01546 00:02:51 1ST AVE SANTA RITA ST 3 Assist invalid 12/15/2023 231215-CFA01580 00:05:43 GUADALUPE ST 6TH AVE 2 Assist invalid 12/23/2023 231223-CFA01615 00:03:55 SAN ANTONIO AVE 8TH AVE 2 4 0:03:57
700 Series (False Alarms)
False alarm or false call, other 12/4/2023 231204-CFA01537 00:05:55 SAN ANTONIO AVE 11TH AVE 3 False alarm or false call, other 12/7/2023 231207-CFA01555 00:02:48 CASANOVA ST 13TH AVE 3 False alarm or false call, other 12/9/2023 231209-CFA01561 00:05:31 SAN ANTONIO AVE OCEAN AVE 3 False alarm or false call, other 12/10/2023 231210-CFA01563 00:03:14 MISSION ST 5TH AVE 3 False alarm or false call, other 12/25/2023 231225-CFA01623 00:03:25 4TH AVE JUNIPERO AVE 3 Smoke detector activation, no fire - unintentional 12/18/2023 231218-CFA01593 00:02:31 LOBOS ST 1ST AVE 3 Alarm system activation, no fire - unintentional 12/7/2023 231207-CFA01554 00:02:08 6TH AVE DOLORES ST 3 Alarm system activation, no fire - unintentional 12/17/2023 231217-CFA01587 00:03:16 CARMELO ST 11TH AVE 3 8 0:03:36
Code 2 Calls 5
Code 3 Calls 36
41 86%
0:03:45
231211-CFA01561 Did not hit the on scene button
Total Average Response Time
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
231210-CFA01564 Did not hit the on scene button
231221-CFA01611 Delay due to distance based on location 231211-CFA01568 Did not hit the on scene button
231211-CFA01537 Delay due to distance based on location 23 12 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority

CARMEL HIGHLANDS
EMS call, excluding vehicle accident with injury 12/20/2023 231220-CFA01601 00:11:34 120 HIGHLANDS DR 3 EMS call, excluding vehicle accident with injury 12/21/2023 231221-CFA01607 00:10:50 149 CARMEL RIVIERA DR 3 EMS call, excluding vehicle accident with injury 12/21/2023 231221-CFA01605 00:11:34 29152 HWY 1 3 EMS call, excluding vehicle accident with injury 12/21/2023 231221-CFA01610 00:18:17 32501 HWY 1 3 4 0:13:04

CARMEL VALLEY
EMS call, excluding vehicle accident with injury 12/15/2023 231215-CFA01582 00:45:37 37144 NASON RD 3 1 0:45:37

CYPRESS
Rescue, EMS incident, other 12/1/2023 231201-CFA01523 00:04:53 26615 CARMEL CENTER PL 3 Rescue, EMS incident, other 12/1/2023 231201-CFA01524 00:03:56 26408 MISSION FIELDS RD 3 EMS call, excluding vehicle accident with injury 12/2/2023 231202-CFA01529 00:03:59 2774 14TH AVE 3 EMS call, excluding vehicle accident with injury 12/4/2023 231204-CFA01534 00:05:21 26372 RIVERSIDE PL 3 EMS call, excluding vehicle accident with injury 12/4/2023 231204-CFA01538 00:06:36 3 CROSSROADS MALL 3 EMS call, excluding vehicle accident with injury 12/4/2023 231204-CFA01540 00:05:34 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/5/2023 231205-CFA01543 00:03:30 PESCADERO RD CASTRO LN 3 EMS call, excluding vehicle accident with injury 12/6/2023 231206-CFA01550 00:03:47 25661 MORSE DR 3 EMS call, excluding vehicle accident with injury 12/6/2023 231206-CFA01551 00:05:07 25995 S CARMEL HILLS DR 3 EMS call, excluding vehicle accident with injury 12/7/2023 231207-CFA01556 00:05:20 26525 FISHER DR 3 EMS call, excluding vehicle accident with injury 12/7/2023 231207-CFA01557 00:07:32 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/8/2023 231208-CFA01558 00:07:53 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 12/11/2023 231211-CFA01567 00:06:37 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/11/2023 231211-CFA01570 00:05:36 26197 MESA PL 3 EMS call, excluding vehicle accident with injury 12/11/2023 231211-CFA01571 00:06:26 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/11/2023 231211-CFA01569 00:05:25 3746 THE BARNYARD 3 EMS call, excluding vehicle accident with injury 12/13/2023 231213-CFA01574 00:08:00 3757 RAYMOND WAY 3 EMS call, excluding vehicle accident with injury 12/13/2023 231213-CFA01575 00:09:25 26245 CARMEL RANCHO BLVD 2 EMS call, excluding vehicle accident with injury 12/13/2023 231213-CFA01577 00:06:16 575 VIEJO RD 3 EMS call, excluding vehicle accident with injury 12/18/2023 231218-CFA01592 00:06:16 3553 TAYLOR RD 2 EMS call, excluding vehicle accident with injury 12/18/2023 231218-CFA01597 00:06:51 3560 EDGEFIELD PL 3 EMS call, excluding vehicle accident with injury 12/18/2023 231218-CFA01598 00:06:47 3772 THE BARNYARD 3 EMS call, excluding vehicle accident with injury 12/19/2023 231219-CFA01600 00:05:26 26015 ATHERTON DR 2 EMS call, excluding vehicle accident with injury 12/20/2023 231220-CFA01602 00:05:03 25990 S CARMEL HILLS DR 3

EMS call, excluding vehicle accident with injury 12/20/2023 231220-CFA01604 00:05:48 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/21/2023 231221-CFA01606 00:04:43 26015 ATHERTON DR 3 EMS call, excluding vehicle accident with injury 12/21/2023 231221-CFA01608 00:04:54 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/21/2023 231221-CFA01609 00:05:07 24742 SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 12/23/2023 231223-CFA01614 00:06:55 25877 S CARMEL HILLS DR 3 EMS call, excluding vehicle accident with injury 12/23/2023 231223-CFA01617 00:04:37 HWY 1 CARPENTER ST 3 EMS call, excluding vehicle accident with injury 12/23/2023 231223-CFA01616 00:01:47 CARMEL RANCHO BLVD RIO RD 3 EMS call, excluding vehicle accident with injury 12/24/2023 231224-CFA01619 00:08:09 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/25/2023 231225-CFA01624 00:04:32 3600 OLIVER RD 3 EMS call, excluding vehicle accident with injury 12/26/2023 231226-CFA01626 00:05:48 26217 ISABELLA AVE 3 EMS call, excluding vehicle accident with injury 12/26/2023 231226-CFA01627 00:05:10 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 12/29/2023 231229-CFA01632 00:09:22 120 HIGHLAND DR 3 Motor vehicle accident with no injuries. 12/18/2023 231218-CFA01595 00:03:24 HWY 1 / CARPENTER ST 3 37 0:05:44

MID COAST
Motor vehicle accident with injuries 12/2/2023 231202-CFA01531 00:16:57 HWY 1 / SOBERANES CREEK 3 1 0:16:57

MONTEREY
EMS call, excluding vehicle accident with injury 12/1/2023 231201-CFA01522 00:07:06 1575 SKYLINE DR 3 EMS call, excluding vehicle accident with injury 12/3/2023 231203-CFA01532 00:11:35 29 ENCINA AVE 3 EMS call, excluding vehicle accident with injury 12/6/2023 231206-CFA01548 00:10:50 331 DRY CREEK RD 3 EMS call, excluding vehicle accident with injury 12/7/2023 231207-CFA01553 00:08:04 3 WINDSOR RISE 3 EMS call, excluding vehicle accident with injury 12/13/2023 231213-CFA01578 00:13:02 426 BOWEN ST 2 EMS call, excluding vehicle accident with injury 12/30/2023 231230-CFA01634 00:07:12 200 IRIS CANYON RD 3 Motor vehicle/pedestrian accident (MV Ped) 12/1/2023 231201-CFA01526 00:01:29 570 PACIFIC ST 3 7 0:08:28

PACIFIC GROVE
EMS call, excluding vehicle accident with injury 12/4/2023 231204-CFA01536 00:06:53 651 SINEX AVE 3 EMS call, excluding vehicle accident with injury 12/12/2023 231212-CFA01572 00:12:37 412 7TH ST 3 EMS call, excluding vehicle accident with injury 12/18/2023 231218-CFA01590 00:10:19 551 GIBSON AVE 3 3 0:09:56

PEBBLE BEACH
EMS call, excluding vehicle accident with injury 12/15/2023 231215-CFA01583 00:10:32 3059 LARKIN RD 3 EMS call, excluding vehicle accident with injury 12/18/2023 231218-CFA01596 00:08:59 1151 SOMBRIA LN 2 EMS call, excluding vehicle accident with injury 12/24/2023 231224-CFA01621 00:10:45 1518 CYPRESS DR 3 EMS call, excluding vehicle accident with injury 12/30/2023 231230-CFA01636 00:11:43 3217 SEVENTEEN MILE DR 3 4 0:10:30

SEASIDE
EMS call, excluding vehicle accident with injury 12/24/2023 231224-CFA01620 00:12:43 1599 KIMBALL AVE 3 23 12 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
SEASIDE cont.

Motor vehicle accident with injuries 12/4/2023 231204-CFA01535 00:11:25 ECHO AVE / FREMONT BLVD 3 2 0:12:04
Code 2 Calls 5
Code 3 Calls 54
59 Total Average Response Time 0:10:58
Total # of Incidents
23 12 CFA Activity Report.xlsx 3
District Response Number Average Response Time
Carmel-By-The-Sea 41 3:45
Carmel Highlands 4 13:04
Carmel Valley 1 45:37
Cypress 37 5:44
Mid Coast 1 16:57
Monterey 7 8:28
Pacific Grove 3 9:56
Pebble Beach 4 10:30
Seaside 2 12:04
Total Responses 100 10:21
Total Code 3 Calls: 36
CFA Response Times for Code 3
Calls ≤ 5 minutes: 86%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
DECEMBER 2023
Response Summary Report by District Type
Carmel-By-The-Sea
41%
Carmel Highlands
4%
Carmel Valley
1%
Cypress
37%
Mid Coast
1%
Monterey
7%
Pacific Grove
3%
Pebble Beach
4%
Seaside
2% Carmel-By-The-Sea
Carmel Highlands
Carmel Valley
Cypress
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 12 CFA Response Summary.xlsx 1/5/2024 City Clerk PRA Request Log
December 2023
Request
Number
Date
Requested
10-day
Response
Date
Records Requested Requestor Name Date Completed Notes
2023-117 12/6/2023 12/18/2023
bid tabulation and contract award
information regarding the Bids for Sunset
Center and Harrison Memorial Library
Painting Project
North America
Procurement Council,
Inc. PBC
12/6/2023 records sent
2023-118 12/7/2023 12/18/2023
Carmel employee compensation report for
2022, including:

Employee Name
Position/Job Title
Total gross wages Annual Salary for 2022
Total Regular Pay
Overtime Pay
Other Pay (any additional forms of pay that
are not reported in Regular Pay)
Retirement Contribution Costs - All forms of
employer-paid retirement contributions,
deferred compensation, etc., including
Unaccrued Actuarial Liability if applicable.

Please split out per the standard State
Controller’s Office categories.

Healthcare Contribution Costs - All forms of
employer-paid health and welfare benefits,
such as health, dental and vision insurance
benefits.

Researcher,
Transparent California 12/18/2023 records sent
Attachment 3
Police Record Request Log
December 2023
Request No. Request Date 10-Day Due Date Requestor Info Requested Status 2023-0001 11/30/2023AP 12/10/2023AP Sheri Lynn Bacon CQ2300536 denied, letter mailed 2023-0002 11/30/2023AP 12/10/2023AP Patricia Garcia - Dept.

Social Service CG1800675 completed
2023-0003 12/5/23 mw 12/15/2023 Kathryn Harrison CC2300447 completed 2023-0004 12/05/23 mw 12/15/2023 Gian Pepe Little Napoli CG2300529 completed 2023-0005 12/13/23 da 12/23/2023 Lane Nonnenberg CA2300555 completed 2023-0006 12/14/2023 12/24/2023 DA Lexis Nexis CC2300444 completed 2023-0007 12/13 DA 12/23/2023 Jesus Herrera CA2300555 completed 2023-0008 12/17/23 mw 12/27/2023 Jessica Seagraves CG2300227 completed 2023-0009 12/18/2023 AI 12/28/2023 Jessica Anguiano MoCo ACO
CG2300446 completed
2023-0010 12/20/23 DA 12/30/2023 Metropolitan Reporting Bureau
CA2300055 completed
2023-0011 12/21/23 DA 12/31/2023 Lexis Nexis CC2300444 completed 2023-0012 Joanna Pfeister CG0700581 completed
Attachment 3

CITY OF CARMEL-BY-THE-SEA
Public Works Department
December 2023 Monthly Report
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: January 3, 2023
APPROVED BY: Chip Rerig, City Administrator
City Council Special Meeting of December 4, 2023
• Adopted 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. This completes one of Council’s top 16 Strategic Priorities.

City Council Meeting of December 5, 2023
• Postponed a presentation regarding guidelines and introduction of a new Beach Cleanup Policy. • The Public Works Director presented findings of the 2023 Storm Drain Master Plan Update report, and identified top priority drainage capacity and repair projects to focus on over the next few years. • Approved a request by Monterey Salinas Transit and recommendations by the Traffic Safety Committee to eliminate two parking spaces each at bus stop locations at Junipero Street and Fourth Avenue, and at San Carlos Street at Tenth Avenue, to improve safety.

Forest and Beach Commission Meeting of December 14, 2023 • Announcements included:
o Thanked JC Meyers and volleyball colleagues for a $1,200 donation which was used to rent a skid-steer to level off sand around the volleyball courts and to push sand up the bluff west of the Del Mar parking lot.
o Local realtor Jenn Menke is providing part-time, temporary support for the Forestry Division during paternity leave of the Administrative Analyst.
o Save the Date – On Saturday, April 20, 2024, we will celebrate annual Arbor Day, the second Earth Day, and Community Day in a consolidated event in Devendorf Park. • Due to the absence of the City Forester, postponed a Public Hearing regarding pruning of two, Cityowned, coast live oak trees, located at the northwest corner of Lincoln Street and Santa Lucia Avenue, to the January 2024 meeting.
• Introduced the raw data compiling the 358 responses received from the Community Survey for the upcoming Urban Forest Master Plan (UFMP). Discussion with the Commission and Steering Committee was held to consider interpreting and prioritizing the significant data received, and how the data will be incorporated into the UFMP.
• Reviewed the revised Rules of Procedure for the Forest and Beach Commission which included changes requested by the Commission at the November meeting, as well as prior and additional recommendations by staff. Approved the Rules with just two final edits remaining. • Adopted the meeting dates for 2024. As per the revised Rules of Procedure, meetings will begin at 2:30 p m, rather than 3:30 pm, with tours of inspection preceding the meetings. • The Director presented the Forester’s and Public Works Department Reports for November 2023.

Attachment 4
Public Works Department Report – December 2023

Administration
• Developed a list of the top 16 Public Works Highlights for 2023. Key accomplishments included: hiring Project Manager Javier Hernandez, Environmental Programs Manager Mary Bilse, and City Forester Justin Ono, acquiring the electric street sweeper, supporting Leadership Carmel’s legacy nature play project at Forest Hill Park, completing the tree inventory and technical reports for the Urban Forest Master Plan, initiating stump grinding in house, and remodeling the Police Dispatch Room. • As a unique team building project, the entire Public Works Department reconstructed the wooden footbridge at the Eleventh Avenue entrance into the Mission Trail Nature Preserve (MTNP). The muddy entrance road and entry gate were also reconstructed.
• Notified Council of the extraordinarily onerous requirements to administer the $150,000 CalFire reimbursement grant which was awarded for the UFMP project. Will reach out to State Senator Laird for assistance.
• Compiled preliminary requests for Mid-Year Budget adjustments.

Carmel Cares and Other Volunteer Groups
• Carmel Cares stained the wood benches in the Forest Theater. • Submitted a list of donations of labor and materials for acceptance by the City Council at the February 2024 meeting.
• “Median Minders” volunteers continued to improve medians across the Village. • “Downtown Detail” volunteers cleaned and improved the downtown area. • The Friends of Mission Trails Nature Preserve upgraded the Martin Road entrance into the Preserve by adding wood chips to the trailhead and landing, and clearing the trailhead. They also regraded the Doolittle Trail to repair an uneven switchback, trimmed and shaped Cypress trees, and removed a stump near the Lester Rowntree Native Plant Garden. The project cost was split evenly between the Friends and the City at $4,500 each.

Environmental Programs
• For the Coastal Engineering Study, provided additional information to the California Coastal Commission associated with finalizing the Agreement for a $500,000 Local Coastal Programs Grant. • Met with the Friends of MTNP to coordinate new entry maps displays, placement of additional clean up after your pet signs, and to plan for a new Laiolo footbridge and trail realignment. • Prepared a staff report for the Forest and Beach Commission meeting in January for their consideration and approval of a new, three-rail, post and rail cedar fence along Ocean and San Antonio Avenues along the borders of the North Dunes Habitat site. • Prepared and submitted the annual Hazardous Materials Report for the Corporation Yard to Monterey County Department of Environmental Health.
• Authorized a $6,000 task order to on-call environmental consultant, Denise Duffy & Associates, to process CEQA Notices of Exemptions for two of the four storm drainage improvement projects currently in final design.
• Completed a two-year Professional Services Agreement (PSA) with Applied Marine Science to continue to provide water quality testing and reporting. • Started to coordinate with vendors for the second annual Earth Day, to be held in conjunction with Arbor Day and Community Day, in April 2024.
• Purchased an electric bicycle to reduce our carbon footprint.

Facility Maintenance
• Met with janitorial services contractor, PureServe, to evaluate performance and develop mutuallybeneficial process improvements for both PureServe and City staff. • For the Sunset Center Carpenter Hall Heater System Replacement, investigated the possibility of repairing, rather than replacing, the heating system, and determining the life span of a refurbished system versus installing a new system.
• Purchased a new refrigerator for the Carmel Fire Station and removed the old refrigerator. Also repaired the ice maker in a second refrigerator.
• Contractor repaired the steel fire doors between the Public Works Garage and basement offices.

Attachment 4
Public Works Department Report – December 2023

• Ordered new steel doors to replace deteriorated doors at the Devendorf and First Murphy Park restrooms.
• Checked sumps during storms, and coordinated with a hydro-jet vendor to clear clogged drains. • Replaced a backflow device at Vista Lobos Park.
• Removed critters that got under City Hall.

Project Management for the Capital Improvement Program
4 Leaf Projects:
• For the Police Building Renovation Project, met with Council Ad Hoc Committee on December 6th and 20th to discuss preliminary alternatives. Preliminary alternatives include building a new Police Station on a new site, such as Vista Lobos, and renovating the existing Police-Public Works building for greatest and best use, including, potentially, mixed use with affordable housing and/or with other City departments. The building condition assessment, Police needs space program, and these preliminary alternatives will be presented at a Council Study Session on January 8th.

Ausonio, Inc. Projects:
• For the Sunset Center North Wing and Harrison Memorial Library Exterior/Interior Painting Project, five bids were received at the December 5th. Bid Opening, but only one bid, submitted by Color New Co. was responsive. Prepared staff report and resolution for Council to award the bid, with a contingency, of $392,150 at their January 9, 2024 meeting. • For the Sunset Center Portico Design Project, Amendment No. 2 to the PSA was prepared with 10 Over Studio to develop two portico concept designs, including structural connections, lighting concepts, and a demolition plan for a fixed fee of $29,500. Prepared staff report and resolution for Council to approve the Amendment at their January 9, 2024 meeting. • Bidding documents were approved, and the Park Branch Library Dumbwaiter Decommissioning project was advertised for bids. A pre-bid meeting was held with three contractors, and an Addendum was issued. Bids will be opened on January 11th.
• For the Sunset Center Retaining Walls Repair Project and San Antonio Walkway Repair Project, Second to Fourth Avenues, negotiations were completed, and a PSA with ZFA Structural Engineers is being finalized for structural engineering and construction support services.

Wallace Group Projects:
• For the FY 2022/23 Concrete Streets Repair Project, Wallace Group provided review comments on the 95% complete design plans, technical specifications, and cost estimates prepared by BKF Engineers. Final design documents are anticipated by late February, although bidding may be delayed until additional funding is available.
• For the FY 2023/24 City-wide Paving Project, Wallace began design work as field surveying was completed and utility maps were collected.

Additional Capital Projects:
• For the $1.14M, FY 2021/22 City-wide Paving Project, contractor Monterey Peninsula Engineering submitted technical submittals that were reviewed and approved by staff. Also met with MPE to discuss traffic control concerns and development of the construction schedule. Street improvements and paving along Junipero and Santa Fe Streets to begin in January. • For the MTNP 3 Drainage Project, the design plans, specifications, and bidding contract documents were finalized. Advertising for construction bids is anticipated by mid-January. • For the Electrical Panels Projects, Advanced Design Consultants (ADC) submitted final technical reports for the City Hall, Fire Station, and Vista Lobos buildings and electric panel in the Ocean Avenue median near Junipero Street. All four panels provide adequate capacity. The panels at City Hall and Fire Station require remedial repairs, but the panels for the Vista Lobos building and Ocean Avenue median warrant complete reconstruction.
• For the PG&E Rule 20A underground utility program, met with the Ad Hoc Committee on December 13th to plan for a site visit at the two proposed underground project locations – Del Mar parking lot and Attachment 4
Public Works Department Report – December 2023

along the MTNP Willow Trail which feeds homes along Ridgewood Road. Will also meet with owners of these properties to gauge interest in an undergrounding project. • Met with Wave Broadband to discuss their concerns with Council’s request to install their fiber optic lines underground. Wave requested to present their findings at the February Council meeting.

Street Maintenance
• Provided staffing, barricades, signage, and clean up for the Tree and Menorah Lighting event held at Devendorf Park and along Ocean Avenue on December 1st.
• During and following several storm events throughout December, cleared out storm drains, picked up fallen branches, and filled in potholes. We recorded 2.26 inches of rain over the last week of December. No flooding nor significant erosion problems were reported. • However, strong waves pounded the shoreline for several days following the Christmas holiday. In concert with the Monterey County emergency operations and the City’s Police Department, all beach access stairs were temporarily closed.
• The waves also heavily damaged beach access stairs at Tenth Avenue, Twelfth Avenue, and at Martin Way. Damage included broken handrails and wooden railings, missing treads, drop offs at the bottoms, etc. These stairs will be closed until further notice. • The beach access equipment ramp between Eighth and Ninth Avenues was washed out in the storms last March. The sand was coming back since then, although not enough to re-establish the ramp. Unfortunately, the strong waves in late December again washed out the sand leaving a 14-foot drop off. Caution tape and delineators are in place.
• Installed ten dual trash/recycling, ribbon-style containers to replace deteriorated, trash-only squirrel cans.
• Rented a skid-steer to level off the sand around the volleyball courts on pushed sand up the bluff west of the Del Mar parking lot.
• Performed the Annual Sidewalk Survey, noting all sidewalk areas needing repairs. • At two MST bus stops, eliminated two parking spaces each at Junipero Street and Fourth Avenue, and on San Carlos Street and Tenth Avenue, as approved by the City Council. Painted the curbs red at these locations.
• Sold the Go-4 parking vehicle at public auction for $1,950. • Performed smog checks for many City vehicles.

Forestry, Parks, and Beach (Forester’s Report)
• As shown in the following table, compared to 2022, last year, 2023, resulted in a significant increase in the number of City tree removals, permit applications received and processed, and private trees removed and replanted. We also began to track the number of City stumps removed and the number of communications (calls, visitors, emails) received as well as resolved. 2023 was also notable for the significant winter storms and tree damage in January and March, and a change in the City Forester.

Forestry Metric 2023 2022
City trees removed 261 135
City stumps removed 59 N/A
City trees pruned 287 675
City trees planted 57 45
Tree permit applications received 376 180
Tree permits applications resolved 336 155
Private trees removed 340 149
Private trees required to be replanted 236 85
Private trees replanting percentage 68.8% 57.1%
Number of communications tickets received 2,161 N/A
Number of communications tickets resolved 2,120 (98%) 934 (6 months) Attachment 4
Public Works Department Report – December 2023

• Forestry goals for 2024 include: completing the Urban Forest Master Plan, including public outreach, significantly reducing the backlog of stump removals, implementing a more robust tree planting program, continuing to streamline contracting task orders for tree and landscaping services, and expanding on professional training of forestry staff to include getting another certified arborist on staff. • Status of Davey Resource Group (DRG) development of the Urban Forest Master Plan (UFMP):
o The draft results of the Community Survey (358 respondents) were presented to the Forest and Beach Commission in December.
o DRG is finalizing the last few technical reports.
o The first draft of the UFMP was expected in December, but is now anticipated for January.

Following review by staff, the draft UFMP will be presented to the Forest and Beach Commission and the Steering Committee.
• A $20,000 task order was issued to West Coast Arborists to remove a portion of the large pile of tree logs that accumulated in the Rio Park material storage site. Apparently, some of the logs were illegally dumped off the side of Irish Canyon Road in the City of Monterey. The Monterey City Forester contacted us, and we traced the logs to this task order. The Contractor promptly resolved the matter. • As requested by the Traffic Safety Committee, the overgrowth of vegetation at the northwest and southwest corners of Santa Rita Street and Fourth Avenue were pruned to improve driver visibility. • Landscape maintenance work across the City continues to be fully engaged by contractor Town & Country.

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 10 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 18 15 22 13 10 0 2 23
November 19 20 7 12 7 10 5 0 0 8 5
December 20 13 6 7 11 3 5 2 0 0 7
2023 Totals 376 317 93 300 215 125 164 72 9 47 236
2023 Permitted removals, pruning, and required planting . Permit Information
Attachment 4
Public Works Department Report – December 2023

Re-planting of upper Re-planting of lower
2013 31 29
2014 35 20
2017 15 28
2018 1 18
2019 53 63
2020 70 28
2021 81 54
2022 48 37
2023* 164 72
Historic permitted removals and required planting Historic permitted removals and required planting Year
Permitted
removals
Removal
of upper
Removal
of lower
Replanting
Required
Replanting
of upper
Replanting
of lower
Replanting
%
Applications
processed
2021 204 81 123 135 81 54 66.18% 213
2022 149 82 67 85 48 37 57.05% 155
2023 324 211 113 223 164 72 68.83% 336
Attachment 4
Public Works Department Report – December 2023

City Forestry, Parks, and Beach Activities
Attachment 4
Public Works Department Report – December 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
February 6, 2024

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

Approve the check register for December 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 December 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 December 2023, totals $1,084,278.89.

PRIOR CITY COUNCIL ACTION:

Council ratified the November 2023 check register at the January 9, 2024 regular meeting.

ATTACHMENTS:

Attachment 1) December 2023 Check Register
December 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
52516 County of Monterey-Treasury Division Citation Assessments - November 2023 12/07/2023 4,725.00 52583 County of Monterey-Treasury Division Citation Assessments - Reissue September 2023 12/15/2023 9,175.00 52605 Monterey County Convention & Visitors Bureau Sep-Oct 23 TID remittance 12/15/2023 110,931.97 52633 Visit Carmel Sep-Oct 23 CHID remittance 12/15/2023 332,026.69 Total for Department: 000 ___ 456,858.66
Department: 110 City Council
52540 Peninsula Messenger LLC Mail service sorting and delivery 12/07/2023 7,128.00 Total for Department: 110 City Council 7,128.00
Department: 111 City Administration
52503 Amazon Web Services Inc Data and cloud storage fees 12/07/2023 1,017.56 52506 AT&T Telephone service citywide 12/07/2023 2,448.48 52509 Carmel Pine Cone Legal noticing 12/07/2023 912.00 52514 Complete Paperless Solutions Laserfiche Cloud subscription: 1 year Municipal site license 12/07/2023 3,100.00 52520 Digital Deployment Website support agreement:Maint, training, security and updates 12/07/2023 700.00 52525 Image Sales Employee ID Badges 12/07/2023 22.83
52526 J 4 Systems System moderization and resiliency services directed by IT-Amend 12/07/2023 1,655.00 52537 Office Depot, Inc. Office supplies Admin 12/07/2023 55.50 52543 Pitney Bowes Bank Inc Purchase Power Postage-meter refills 12/07/2023 836.55 52546 Robert Half Temporary Finance assistance services - Tony Wong 12/07/2023 5,480.00 52547 Same Day Shred PD-Document shredding services 12/07/2023 45.00 52551 SystemsUp LLC Remote desktop services as directed by IT Manager 12/07/2023 58.50 52554 T-Mobile Monthly cell service, usage and purchases 12/07/2023 1,568.82 52556 Universal Staffing Inc Temporary staffing services:H Griffin 12/07/2023 2,440.00 52557 US Bank Executive meeting expenses 12/07/2023 1,164.73 52557 US Bank NYT digital subscription 12/07/2023 20.00 52557 US Bank Credit - Employee training refund 12/07/2023 -210.00 52557 US Bank Employee appreciation expense 12/07/2023 137.17 52564 AT&T Telephone service citywide 12/15/2023 1,046.42 52565 Benefit Coordinators Corporation (BCC) Monthly COBRA admin fees Aug 22- Dec 2023 12/15/2023 375.00 52581 Copies By-The-Sea Agenda printing services 12/15/2023 1,373.82 52585 Daniel or Kathleen Levine BP 22-294 (LEVINE) $8.75 MERCH. FEE DOUBLE-CHARGED ON 10/05/2023 12/15/2023 8.75 52592 J 4 Systems System moderization and resiliency services directed by IT 12/15/2023 40.00 52611 Office Depot, Inc. Office supplies Admin 12/15/2023 257.70 52615 Pitney Bowes Global Fin S Postage meter lease 12/15/2023 836.55 52626 Traffic Patterns Recruitment services, NEOGOVE implementation and on-call HR supp 12/15/2023 5,400.00 52629 Universal Staffing Inc Temporary staffing services:H Griffin 12/15/2023 4,392.00 52631 US Bank Office reno expenses 12/15/2023 705.38
52631 US Bank City Admin meeting expense 12/15/2023 181.30 52631 US Bank IT Subscriptions 12/15/2023 297.81
52631 US Bank NYT digital subscription 12/15/2023 20.00 Total for Department: 111 City Administration 36,386.87 Department: 112 City Attorney
52549 Sloan Sakai Yeong & Wong Legal services 12/07/2023 175.00 52570 Burke,Williams & Sorensen, LLP City Attorney services-Labor 12/15/2023 10,984.50 Total for Department: 112 City Attorney 11,159.50
Department: 115 Community Planning & Building
52503 Amazon Web Services Inc iPhone Charger Cable (Sullivan C., Building Dept.) 12/07/2023 18.55 52511 Chico State Enterprises-Accts Rec FY 23-24: Website - GIS Map (layers, functions, etc.) 12/07/2023 1,500.00 52521 Engineered Fire Systems FY 23-24: Fire Systems Review (revenue offset) - OCTOBER 2023 12/07/2023 187.50 52522 FedEx Shipping Fees - Volume Study Plans 12/07/2023 14.09 52537 Office Depot, Inc. Office Supplies: CP&B Dept. 12/07/2023 489.24 52556 Universal Staffing Inc Temporary staffing services:Maura Wetmore 12/07/2023 1,477.20 52557 US Bank APA CA - JOB POSTING - PLANNER 12/07/2023 250.00 52557 US Bank APA CA - JOB POSTING - PLANNER 12/07/2023 395.00 52557 US Bank ePost for eBikes 12/07/2023 88.77
52557 US Bank Mad Dogs - eBike tire repairs 12/07/2023 23.74 52557 US Bank CA Preservation Foundation - Waffle & Wallace 12/07/2023 75.00 52557 US Bank CA Bldg Officials - Carey-Lang 12/07/2023 290.00 52557 US Bank CA Bldg Officials - Dauphinee & Laurie 12/07/2023 580.00 52557 US Bank Int'l Code Council - Dauphinee 12/07/2023 125.00 52557 US Bank Co. Bldg Officials Assn of CA - Laurie 12/07/2023 75.00 52586 De Lage Landen Financial FY 23-24 Financial Services - 11/01 - 11/30/2023 12/15/2023 212.22 52611 Office Depot, Inc. CP&B Office Supplies 12/15/2023 115.36 52631 US Bank CO. BLDG. OFFICIAL ASSN. OF CA. - Training Laurie 12/15/2023 160.00 52631 US Bank Int'l Code Council - Laurie 12/15/2023 300.00 Total for Department: 115 Community Planning & Bu 6,376.67 Department: 116 Police
52502 Allied Universal Beach patrol services 12/07/2023 351.00 Attachment 1
52507 Axon Enterprise, Inc PD-Fleet 2 Unlimited Package Year 5 payment/Evidence storage fee 12/07/2023 28,231.60 52510 Carmel Towing & Garage PD Gas and oil expense 12/07/2023 4,416.86 52513 Community Hospital of the Monterey Peninsula Services 12/07/2023 27.00 52515 County of Monterey, Dept of Emerg Communications NGEN & 0&M Quarterly 12/07/2023 5,106.35 52518 Department of Justice/Accounting Office PD:Fingerprinting services 12/07/2023 32.00 52537 Office Depot, Inc. Office supplies PD 12/07/2023 822.24 52548 Secure Solutions Police chief background check 12/07/2023 3,080.88 52550 Summit Uniforms PD Uniform purchases 12/07/2023 1,256.72 52552 T2 Systems Canada Inc. PD:Digital iris services 12/07/2023 75.00 52553 T2 Systems, Inc Automated owner lookups-Mail services 12/07/2023 131.19 52555 Transunion Risk & Alterna PD: Monthly fee for information services 12/07/2023 75.00 52557 US Bank ID card for employee 12/07/2023 50.75
52557 US Bank Training Fee CSO Academy PD 12/07/2023 437.75 52559 Alhambra Water service-Police Dept 12/15/2023 288.46 52579 Comcast PD Cable serices 12/15/2023 20.82
52586 De Lage Landen Financial PD Copier usage 12/15/2023 161.70 52593 Jacob Clifford Travel expense Camp Roberts seminar 11/6-11/9/2023 12/15/2023 240.13 52614 Petty Cash Dawn Almario Petty Cash Reimbursement for Car Wash 12/15/2023 20.99 52622 Summit Uniforms PD Uniform purchases 12/15/2023 97.34 52625 Tracnet Corporation Annual IBM Service Hardware/Software renewal 12/15/2023 2,582.00 Total for Department: 116 Police 47,505.78
Department: 117 Fire
52510 Carmel Towing & Garage Fire Dept. Gas Expense (E15) 12/07/2023 940.87 52512 City Of Monterey FY 23-24 Monthly fee Interim Fire Admin/Emerg Incident Mgmt 12/07/2023 245,891.60 52515 County of Monterey, Dept of Emerg Communications Dispatch Service 12/07/2023 6,114.03 52535 Mission Linen Service Fire Dept laundry service 12/07/2023 261.96 52582 County of Monterey IT Dept Billing period 11/2023 802 Carmel Police Dept 12/15/2023 460.00 52584 Cypress Coast Ford/Lincoln Ambulance vehicle repairs 12/15/2023 46.54 52603 Mission Linen Service Fire Dept laundry service 12/15/2023 247.24 Total for Department: 117 Fire 253,962.24
Department: 118 Ambulance
52505 American Supply Company Janitorial Supplies-Amb Dept 12/07/2023 463.33 52508 Bound Tree Medical LLC Medical supplies 12/07/2023 882.07 52510 Carmel Towing & Garage Amb Dept. Gas Expense (7166) 12/07/2023 962.23 52512 City Of Monterey FY 23-24 Ambulance Administration fee 12/07/2023 10,251.94 52541 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 12/07/2023 74.63 52586 De Lage Landen Financial Ambulance copier usage 12/15/2023 67.01 Total for Department: 118 Ambulance 12,701.21
Department: 119 Public Works
52501 Airtec Inc HVAC repairs for City facilities 12/07/2023 756.00 52504 American Lock & Key Locksmith and key service for CF- 12/07/2023 2,031.05 52512 City Of Monterey CPR Training 11/13/23 #103147 12/07/2023 275.00 52517 CSC of Salinas Backhow hose 10/27/23 #000970851 and #000975080 12/07/2023 331.87 52523 Ferguson Enterprises, Inc. Plumbing supplies for Facilites 12/07/2023 5,402.90 52527 Justin Ono Poison oak cleaner for PW staff-JO10/23/23 12/07/2023 37.61 52531 Mad Dogs & Englishmen Electric bike for PW 12/07/2023 2,921.33 52534 Michael Feher Safety Boots - Per MOU 12/07/2023 250.00 52544 Poe's Plumbing & Backflow Install a sand filter at Del Mar Beach RR 12/07/2023 1,654.14 52545 PSTS, Inc. Services:Pumping oil-water separator 10/25/23 #1086442 12/07/2023 776.25 52556 Universal Staffing Inc Temporary staffing services PW/Forestry 12/07/2023 2,750.14 52557 US Bank Headlamps, team building supplies 12/07/2023 449.02 52557 US Bank Model 300 Sandbagger 12/07/2023 509.85
52559 Alhambra Water for Public Works Dept. 12/15/2023 399.21 52561 American Supply Company PW/FM Janitorial supplies 12/15/2023 992.09 52563 Assured Aggregates Company, Inc Baserock for MTNP 11/27/23 #62550 12/15/2023 894.31 52571 California Marine Sanctuary Foundation Water quality monitoring August-November 2023 12/6/23 #2075 12/15/2023 2,430.80 52572 California Premier Restoration Mold remediation of books at PBL Local history vault. 12/15/2023 300.00 52573 Carmel Cares-Dale Byrne, President Landscaping Services for Scenic Pathway- 12/15/2023 2,700.00 52574 Carmel Towing & Garage Fuel for PW vehicles 12/15/2023 2,493.71 52577 Cintas Corporation Uniform Service for PW staff 12/15/2023 585.07 52578 City Of Monterey Vehicle services. 12/15/2023 6,285.71 52580 Conte's Generator Service, iNC PW/FM Emergency generator services 12/15/2023 3,500.68 52586 De Lage Landen Financial Lease for copiers for PW 12/15/2023 205.40 52588 Eric Miller Fuel for Chipper Truck Service trip to Livermoore. 12/15/2023 20.00 52589 Ferguson Enterprises, Inc. plumbing for supplies facilites 12/15/2023 3,515.49 52590 Granite Rock Company Public Works supplies 12/15/2023 651.75 52591 Hayward Lumber Materials for MTNP Bridge 12/7/23 #292079 12/15/2023 1,854.17 52596 Justin Ono Membership renewal- Society of Municipal Arborists - 1821 12/15/2023 95.00 52602 Michael Wood Boot reinbursement per MOU-11/3/23 12/15/2023 250.00 52606 Monterey Tire Service Inc Gator flat tire repair 11/29/23 #1-115573 12/15/2023 48.00 52608 Napa Auto Parts PW vehicle supplies 12/15/2023 214.63 52611 Office Depot, Inc. Office Supplies for PW Admin 12/15/2023 502.25 52613 Pacific Smog 6 smogs for city vehicles 12/1/23 #1674 12/15/2023 316.50 52616 Pureserve Building Service Janitorial services FY 23/24 12/15/2023 21,775.59 52617 Ross Roofing Inc Roof repairs for City facilities 12/15/2023 2,878.00 52618 Scarborough Lumber & Building Public Works Streets supplies 12/15/2023 188.32 Attachment 1
52621 State Water Resources Control Board (SWRCB) Annual permit fee SW-0268968 12/15/2023 7,067.00 52623 Sunbelt Rentals, Inc Dump truck rental 12/15/2023 1,095.54 52627 Uline Inc. Tred fro stairs at PW Office 12/15/2023 1,198.50 52629 Universal Staffing Inc Temporary staffing services PW/Forestry 12/15/2023 8,949.19 52631 US Bank Supplies for City projects and facilities: fountain filters, cooler, mini fridge 12/15/2023 728.28 52635 West Coast Arborists Inc . Tree maintenance services as directed by City Forester 12/15/2023 4,309.00 Total for Department: 119 Public Works 94,624.35
Department: 120 Library
52539 Pacific Grove Self Storage Storage Unit - Document storage 12/07/2023 406.00 Total for Department: 120 Library 406.00
Department: 121 Community Activities
52509 Carmel Pine Cone Holidays in Carmel ad 11.24.23 12/07/2023 425.00 52524 Golden State Portables portable restrooms for Homecrafters' Marketplace 11.17-20.23 12/07/2023 1,871.88 52528 Kelly Productions Santa for Holiday Celebration 12.1.23 12/07/2023 535.00 52529 Lucky Poinsettias for Holiday Celebration 12/07/2023 109.14 52624 Tigerlilly Florist&Gifts Wreaths and flowers for Veterans Day ceremony 12/15/2023 447.94 Total for Department: 121 Community Activities 3,388.96 Department: 130 Non-Departmental
52538 Pacific Gas & Electric Citywide gas & electric services 12/07/2023 10,890.95 52612 Pacific Gas & Electric Citywide gas & electric services 12/15/2023 2,663.88 Total for Department: 130 Non-Departmental 13,554.83
Department: 311 Capital Projects
52500 4Leaf, Inc PD Building PM 12/07/2023 7,782.95
52501 Airtec Inc PD AC repair-10/11/23 #26954 12/07/2023 888.92 52530 M3 Environmental Consulting Provide lead consulting services for MTNP water tank project 12/07/2023 985.72 52536 Neill Engineers Corp. Civil engineering design services: Storm Drain capital project A 12/07/2023 11,394.00 52566 BKF Engineers Project managment: Ocean Ave resurface/San Antoinio, San Carlos, 12/15/2023 20,389.25 52573 Carmel Cares-Dale Byrne, President Phase 2 Scenic Pathway 11/20/23 #0022 12/15/2023 2,797.31 52587 EMC Planning Group, Inc Coastal Hazard project services 12/15/2023 1,958.68 52631 US Bank ADA - 6 tilt mirrors 12/15/2023 1,422.50
52634 Wallace Group Concrete Streets 12/15/2023 1,081.75 Total for Department: 311 Capital Projects 48,701.08
Department: 411 Debt Service
52630 US Bank Public Improve Auth 2020 Refunding Lease Sunset Center Bond 12/15/2023 2,035.00 Total for Department: 411 Debt Service 2,035.00
Department: 513 Veh & Equip Replacement
52607 MY Jeep-Chrysler-Dodge-Ram 2 2023 Ram 1500 Crew Cab Trucks per quote 12/15/2023 89,489.74 Total for Department: 513 Veh & Equip Replacement 89,489.74 Grand Total 1,084,278.89
Contract Amt Paid thru December Contract Balance
$ 69,524.00 107,730.00 $ 38,206.00 $
$ 1,238,548.00 2,950,699.00 $ 1,712,151.00 $
$ 151,794.89 272,000.00 $ 120,205.11 $
$ 86,190.52 179,800.00 $ 93,609.48 $
Vendor
Pen Messenger
City of Monterey *
Pureserve *
4Leaf Inc.

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 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 2024-013, accepting donations from Carmel Cares, an official City Support Group, and approving a Budget Amendment to the Fiscal Year 2023/24 Adopted Budget
RECOMMENDATION:

Resolution 2024-013, accepting donations from Carmel Cares, an official City Support Group, and approving a Budget Amendment to the Fiscal Year 2023/24 Adopted Budget.

BACKGROUND/SUMMARY:

Background
The City of Carmel-by-the-Sea in general, and Public Works in particular, have benefitted significantly from a number of volunteer non-profit organizations who have stepped up to help us beautify and maintain the City. One volunteer organization, “Carmel Cares,” started as a result of the pandemic’s effect on the City’s budget reduction and ability to maintain public spaces, but, over the past 3-1/2 years, has continued to grow in diversity of projects and number of volunteers.

According to their website, “Carmel Cares is a 501(c)3 City Support group dedicated to keeping Carmel-by-the-Sea a beautiful, safe, and inviting place. We help by partnering with the City of Carmel and other non-profits whereby we manage volunteers and fund professional contractors to work on maintenance and improvement projects as well as community engagement programs. We work under the direction of Carmel’s Public Works Department. Our 100% volunteer-managed organization is funded through private donations and grants. Go to www.CarmelCares.org to volunteer or donate.” Carmel Cares operates with oversight from the Public Works Director, City Forester, Administrative Analyst, Public Works Superintendent, Community Planning and Building Director, and other City staff. Biweekly status meetings are held to keep all parties updated on projects and coordinate ongoing activities.

Routine improvement projects and maintenance activities are approved through the Public Works and Community Planning and Building Departments as applicable. Larger projects, or those requiring the allocation of City funds, require approvals from the Forest and Beach and/or Planning Commissions, as well as the City Council, when required. This arrangement is truly a one-of-a- kind, Public-Private Partnership focused on improving the community.

Carmel Cares is a “Keep America Beautiful” affiliate which allows them to apply for grants for litter reduction and beautification projects. Carmel Cares also acts as a fiscal sponsor to allow smaller, non501(c)3 organizations receive grant funding from charitable sources when it helps to achieve their mission.

They also work closely with “Carmel Gives,” which is a donor fund created and partially funded by Tim Allen and managed by Carmel Cares’ President Dale Byrne. Since June 2020, Carmel Gives has issued over $1.7 million in grants charitable organizations and local businesses.

In September 2021, Council adopted Resolution 2021-046, designating Carmel Cares as an official City Support Group in accordance with Support Group Policy No. 89-47. Council previously adopted resolutions accepting donations of projects, equipment, goods and services in October 2020, January 20221, June 2021, and December 2022 which were collectively valued at approximately $276,000.

Community Engagement Programs
Carmel Cares continues to implement various community engagement programs as follows:

Downtown Detail: A highly-energized team of volunteers who work around downtown to perform beautification projects such as clearing, sweeping, and planting easements, curb bump outs, and trash containers, and weeding, placing, watering, and maintaining pots and plants. Every Thursday and Saturday, 2 to 8 volunteers pick a spot to beautify. In 2023, they performed a major landscape renovation of the Post Office parking lot. They also partnered with other volunteer groups, such as the Carmel Rotaries and Carmel High School lnter-Act Club students, for larger cleanups.

Median Minders: A group of resident volunteers across the City who “adopt” median islands, bump outs, and easements in their neighborhoods, and plant and maintain them over time. Some larger medians, such as at Fourth and San Antonio Avenues and Fourth Avenue and Guadalupe Street, were cleaned up and planted over the past year. Carmel Cares is also partnering with MPC horticulturist Professor Alan Wheat to design, raise funds for, and implement enhanced landscaping for the Ocean Avenue median islands as conceptually approved by the Forest and Beach Commission.

Pick Up Posse: Up to 50 volunteers pick up litter with blue-branded buckets and pick up claws while acting as “Carmel Ambassadors.” This group has scheduled members every day of the week for Carmel Beach, Scenic Pathway, and downtown. Partnering with “Keep America Beautiful,” 55 new cigarette butt receptacles were installed replacing the deteriorated “butt stops here” canisters, mostly attached to trash containers. All butts picked up off the ground and from the receptacles are recycled. Carmel Cares is also participating in Clean California, a joint Keep America Beautiful/CalTrans program to hold large community cleanups.

Tag Team: A small team of volunteers with special training to remove graffiti and stickers within 24 hours after being reported to [email protected] or noticed by other volunteers. The Tag Team reports significant incidents to the Police Department, and works with Public Works on situations that involve special handling.

Key Accomplishments in 2023
Carmel Cares continues to provide ongoing maintenance and improvements around City facilities and public spaces. The following describe some of their most key accomplishments since the last donation acceptance in December 2022.

Scenic Pathway Restoration Project:

Carmel Cares implemented the barrier rail replacement project which replaced 1,200 feet of deteriorated landscape barriers along the Pathway with high-quality redwood. Their contractor, Tony Trujillo Landscaping, completed this first phase of the project in September at a cost of $50,789.

The City also contributed $50,000 from the Capital Improvement Program to pay for the lumber and hardware.

Every Wednesday, 5 to 13 volunteers work their way from Eighth Avenue to Martin Way to maintain this valuable asset. Work included pruning, raking, removing ice plant, sweeping, clearing sand and debris from stairways, gutters, and pathways, and steam-cleaning trash enclosures.

In June 2023, Council authorized $28,000 for FY 2023/24 to reimburse Carmel Cares to provide contracted gardening services along the Pathway.

Carmel Cares purchased new Mutt Mitt dispensers, pink Mutt Mitt bags, and trash enclosure signage.

A new, FY 2023/24 Capital Improvement Project, with a City budget of $100,000, was approved for Phase II Scenic Pathway hardscape improvements. Carmel Cares will endeavor to match those funds.

Forest Theater: Volunteers restored this historic outdoor theater grounds to excellent condition which included:

Contractors pressure washed, sanded, and stained all bench seating and handrails.

Watered trees planted by the Friends of Carmel Forest.

Cleaned the grounds prior to every show, and maintained adjacent pathways and surrounding areas.

Removed a large amount of tree debris from winter storms and 18 stumps.

Funded, installed, and enhanced the native plant garden in partnership with three Carmel Rotary Clubs.

Installed a rollup door for the sound booth and new LED stage lighting.

Continued planning for a proposed ADA pathway and picnic tables at the northwest corner of the grounds.

Vista Lobos Park: Volunteers rejuvenated this park by trimming plants, planting seasonal wildflowers, and keeping the park and the surrounding grounds clean. Last year, the City awarded a $3,000 discretionary grant to repair and rehabilitate portions of the park, and planning is currently underway for this project.

Structures: Volunteers and local professionals have teamed up to create a number of unique structures that provide specific functions and add to Carmel’s character. Last year, maintenance was undertaken on all eight map display cases. Several projects are planned including a new show bill display case for Sunset Center and tables and benches at Vista Lobos Park and Forest Theater.

Carmel Underground: Carmel Cares is working with neighborhood groups to raise donated funds using their 501(c)3 status to underground power and other utility lines. The first proposed project would underground utility lines from the poles along San Antonio Avenue from the Pebble Beach gate to Ocean Avenue. Carmel Cares entered into a contract with a professional project management firm with relevant experience and have coordinated with PG&E to initiate their design. In addition, Carmel Cares assisted another community group to raise funds for an attorney to draft a proposed wireless ordinance.

Cherry Center for the Arts: While not a City property, the park-like grounds at this facility provides a place for public gatherings and enjoyment. Carmel Cares volunteers provide all of the grounds maintenance and are currently planning more improvements.

Combined, these projects and programs have resulted in major improvements and upkeep of important City assets and the overall beautification of the Village.

Donations to be Accepted
The City's Donation and Gift Policy No. 2017-02 establishes a formal process for the acceptance and documentation of donations made to the City in a responsible, transparent, and accountable manner.

Donations of items valued at $2,500 or more must be accepted by the City Council. A Donation Acceptance Form is filled out and issued to the donor for all non-labor donations.

At this time, the City Council should accept the following generous donations from Carmel Cares which have predominantly taken place during calendar year 2023. Expenses for services and materials include actual expenditures and associated volunteer hours. The total value of all goods and services donated to the City during 2023, as listed below, is $148,814 plus 5,958 volunteer hours.

Scenic Pathway Barrier Rails Project - project management and construction contractor installation costs. $50,789 and 500 volunteer hours.

Forest Theater grounds maintenance and materials, including landscaping, weeding, cleaning seating areas, parking lot, and surrounding streets, sanding, and painting seating area, and installing a roll-up door. $45,898 and 350 volunteer hours.

Carmel Underground project management and engineering fees related to an undergrounding utility conversion project. $15,000 and 50 volunteer hours.
"Downtown Detail" buckets, pickers, acquiring, designing, purchasing, and installing graphics and butt dispensers. Picking up litter on Carmel Beach, Scenic Pathway, and downtown, maintaining cigarette butt receptacles, recycling butts, and providing services as "Carmel Ambassadors" with residents and visitors. $7,900 and 1,600 volunteer hours.

Scenic Pathway Mutt Mitt dispensers, pink Mutt Mitt bags, and trash enclosure signage in excess of City reimbursement. $5,255 and 40 volunteer hours.

Acquisition, fabrication, painting, and installation of LED lighting at Forest Theater. $5,117 and 128 volunteer hours.

Architectural services and project planning related to a proposed ADA pathway at Forest Theater. $5,000 and 40 volunteer hours.

Weekly downtown maintenance including holiday decorations, cleaning tree wells and gutters, disposing of refuse, acquiring pots and plants, and planting, watering, and landscape maintenance. $4,624 and 650 volunteer hours.

Donation of a Viking range for the Carmel Fire Station. $3,500.

Median Minder cleaning and planting medians and easements - $2,935 and 150 volunteer hours.

Acquisition of 30 new helmets for Carmel CERT Team. $1,475.

Scenic Pathway weekly landscaping maintenance by volunteers, $1,000 and 2,400 volunteer hours.

Graffiti removal and materials. $321 and 50 volunteer hours.

The above list does not reflect the value of general operating expenses or volunteer hours for the operation of the Carmel Cares’ 501(c)3 nonprofit.

FISCAL IMPACT:

City Donation and Gift Policy No. 2017-02 requires City Council acceptance of donations with a value over $2,500. There were several items listed above that exceed that threshold.

Carmel Cares has donated an array of professional services, materials, and equipment and performed significant labor during 2023. All donations are very much appreciated. For 2023, the combined total cost of items donated to the City from Carmel Cares is approximately $148,814 plus 5,958 volunteer hours.

By adopting the attached Resolution, Council would accept all of these donations and approve the Budget Amendment for Fiscal Year 2023/24 which is a part of the Resolution.

PRIOR CITY COUNCIL ACTION:

In October 2020, Council adopted Resolution 2020-067 accepting donations of projects, equipment, goods, and services valued at $9,262. At the December 2020 Special Meeting, Carmel Cares Chief Caring Officer Dale Byrne gave a presentation regarding the objectives, accomplishments, and pursuits of Carmel Cares and Carmel Gives.

In January 20221, Council adopted Resolution 2021-001 accepting donations of additional projects, equipment, goods and services valued at $86,441. In June 2021, Council adopted Resolution 2021-021 accepting donations of additional projects, equipment, goods and services valued at $29,977. In September 2021, Council adopted Resolution 2021-046, designating Carmel Cares as an official City Support Group in accordance with Support Group Policy No. 89-47.

In December 2022, Council adopted Resolution 2022-105 accepting donations from Carmel Cares of additional projects, equipment, goods and services valued at $150,316 and approving a Budget Amendment to the Fiscal Year 2022/23 Adopted Budget.

ATTACHMENTS:

Attachment 1) Resolution 2024-013

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-013

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

DONATIONS FROM CARMEL CARES, AN OFFICIAL CITY SUPPORT GROUP, AND APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET WHEREAS, the City of Carmel-by-the-Sea in general, and the Public Works Department in particular, have benefitted significantly from a number of volunteer non-profit organizations who have stepped up to help us maintain and beautify the City since the start of the Covid-19 Pandemic; and WHEREAS, a local nonprofit volunteer group, known as “Carmel Cares,” is credited with the creation of unique, community engagement programs such as the “Downtown Detail,” “Median Minders,” “Pick up Posse,” and “Tag Team,” all of which include volunteers who passionately help the City by maintaining and beautifying Carmel under the guidance of the Public Works and other City Departments; and
WHEREAS, the City’s Donation and Gift Policy No. 2017-02 requires the City Council to accept donations of $2,500 or more; and
WHEREAS, since the City Council last accepted donations from Carmel Cares in December 2022, Carmel Cares donated additional professional services, materials, and supplies for a wide range of projects, at a number of City facilities and properties, collectively valued at $148,814 plus 5,958 volunteer hours, as itemized below.

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

Accept the following donations related to the Scenic Pathway Barrier Rails, a Capital Improvement Project, with a value of $50,789 and 500 volunteer hours, from Carmel Cares:
• Scenic Pathway Barrier Rails Project - project management and construction contractor costs. $50,789 and 500 volunteer hours.

Accept the following donations related to Forest Theater, Downtown, Medians, and other landscaping improvements, with a total value of $59,457 and 3,590 volunteer hours, from Carmel Cares:
• Forest Theater grounds maintenance and materials, including landscaping, weeding, cleaning seating areas, parking lot, and surrounding streets, sanding, and painting seating area, and installation of a roll-up door. $45,898 and 350 volunteer hours. • Architectural services and project planning related to a proposed ADA pathway at Forest Theater. $5,000 and 40 volunteer hours.
• Weekly downtown maintenance including holiday decorations, cleaning tree wells and gutters, disposing of refuse, acquiring pots and plants, and planting, watering, and landscaping maintenance. $4,624 and 650 volunteer hours.

Attachment 1
Resolution 2024-013

Page 2 of 4 ends

• Median Minder cleaning and planting medians and easements. $2,935 and 150 volunteer hours. • Scenic Pathway weekly landscaping maintenance, in excess of City reimbursement, by volunteers. $1,000 and 2,400 volunteer hours.

Accept the following donations related to street improvements, with a total value of $28,476 and 1,740 volunteer hours, from Carmel Cares:
• Carmel Underground project management and engineering fees related to an underground utility conversion project. $15,000 and 50 volunteer hours.
• Downtown Detail buckets, pickers, acquiring, designing, purchasing, and installing graphics on butt dispensers and installing dispensers. Picking up litter on Carmel Beach, Scenic Pathway, and downtown, maintaining cigarette butt receptacles, recycling butts, and providing services as “Carmel Ambassadors” with residents and visitors. $7,900 and 1,600 volunteer hours. • Scenic Pathway Mutt Mitt dispensers, pink Mutt Mitt bags, and trash enclosure signage in excess of City reimbursement. $5,255 and 40 volunteer hours.
• Graffiti removal and materials. $321 and 50 volunteer hours.

Accept the following donations related to facility maintenance improvements, with a total value of $10,092 and 128 volunteer hours, from Carmel Cares:
• Acquisition, fabrication, painting, and installation of LED lighting at Forest Theater. $5,117 and 128 volunteer hours.
• Donation of a Viking range for the Carmel Fire Station. $3,500. • Acquisition of 30 new helmets for Carmel CERT Team. $1,475.

Approve a Budget Amendment to the Fiscal Year 2023/24 Adopted Budget, as shown in the attached Exhibit A, to recognize the donations of equipment and other goods.

Recognize and extend our sincere gratitude to all volunteer groups who have stepped up to help the City in so many ways.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Resolution 2024-013

Page 3 of 4 ends

EXHIBIT A
General
Ledger
Account
Account Name Purpose
FY 2023/24
Adopted/
Amended
Budget
Adjustment
Amount
FY 2023/24
Amended
Budget
301-000-
00-38004
Capital Projects
Revenue –
Donations
General
To recognize donation
from Carmel Cares –
Scenic Pathway Barrier
Rails
$125,000 $50,789 $175,789
301-311-
00-43008
Capital Projects
– Construction in
Progress
Donated: Scenic Pathway
Barrier Rails Installation $9,761,100 $50,789 $9,811,889 101-000-
00-36621
General Fund
Revenue
DonationsPublic Works
To recognize donations
from Carmel Cares –
Forest, Parks & Beach
$2,322 $59,457 $61,779
101-119-
45-42001
General Fund
Expenditures PW
Forest & Beach
Contract
Services
Donated Landscape
Services: Forest Theater
Grounds and ADA
Pathway, Downtown
Beautification, Median
Islands, and Scenic
Pathway
$1,028,700 $59,457 $1,088,157
101-000-
00-36621
General Fund
Revenue
DonationsPublic Works
To recognize donations
from Carmel Cares –
Street Maintenance
$61,779 $28,476 $90,255
101-119-
41-42001
General Fund
Expenditures PW
Streets Contract
Services
Donated: Underground
Utility District Planning $65,000 $15,000 $80,000
101-119-
41-42001
General Fund
Expenditures PW
Streets Contract
Services
Donated: Downtown
Detail Litter Pickup on
Beach, Downtown, and
Scenic Pathway,
Cigarette Butts
$80,000 $7,900 $87,900
Attachment 1
Resolution 2024-013

Page 4 of 4 ends

General
Ledger
Account
Account Name Purpose
FY 2023/24
Adopted/
Amended
Budget
Adjustment
Amount
FY 2023/24
Amended
Budget
101-119-
41-42105
General Fund
Expenditures PW
Streets Materials
& Supplies
Donated: Mutt Mitt
Dispensers, Mutt Mitts,
Trash Enclosure Signage
$67,000 $5,255 $72,255
101-119-
41-42105
General Fund
Expenditures PW
Streets Materials
& Supplies
Donated items -Graffiti
Removal Supplies $72,255 $321 $72,576
101-000-
00-36621
General Fund
Revenue
DonationsPublic Works
To recognize donations
from Carmel Cares –
Facilities Maintenance
$90,255 $10,092 $100,347
101-119-
42-42001
General Fund
Expenditures PW
Facilities
Maintenance
Materials &
Supplies
Donated Items –
LED Lighting at Forest
Theater
$587,000 $5,117 $592,117
101-119-
42-42001
General Fund
Expenditures PW
Facilities
Maintenance
Materials &
Supplies
Donated Items –
Viking Range for Fire
Station
$592,117 $3,500 $595,617
101-119-
42-42001
General Fund
Expenditures PW
Facilities
Maintenance
Materials &
Supplies
Donated Items –
30 Helmets $595,617 $1,475 $597,092
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

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

Resolution 2024–014 authorizing the City Administrator to execute Amendment No. 2 to the Professional Services Agreement with EMC Planning Group for the Coastal Engineering and Adaptation Planning Project, Phase 2, for a not-to-exceed fee of $450,000
RECOMMENDATION:

1. Adopt Resolution 2024-014 (Attachment 1) authorizing the City Administrator to execute Amendment No. 2 to the Professional Services Agreement (PSA) with EMC Planning Group for the Coastal Engineering and Adaptation Planning Project, Phase 2, for a not-to-exceed fee of $450,000.

2. Amend the Fiscal Year 2023/24 Adopted Capital Improvement Plan (CIP) Budget to include the $500,000 California Coastal Commission Local Coastal Program (LCP) Grant into the Coastal Engineering and Adaptation Planning Project, Phase 2 Project; and

3. Amend the Fiscal Year 2023/24 Adopted CIP Budget to reallocate $100,000 from the Coastal Engineering and Adaptation Planning Project, Phase 2, to the Shoreline Infrastructure Repairs CIP Project.

BACKGROUND/SUMMARY:

In June 2022, the City Council approved the Fiscal Year 2022/23 CIP budget, which included a Sea Level Rise/Coastal Engineering Report and a Beach Sand Survey and Wall Inspections in the combined amount of $175,000. In August 2022, Council adopted the City’s Climate Adaptation Plan and Climate Action Plan which were prepared over the prior years under the guidance of the Climate Committee. While these Plans include various projects to implement over a long period of time, one key initial project is the Coastal Engineering Study and Adaptation Planning Project.

In November 2022, Council approved a PSA with EMC Planning Group, who teamed up with key subconsultants, Integral-Corp and Haro Kasunich & Associates, in the amount of $175,000 to conduct the first phase of the Coastal Engineering Study and Adaptation Planning Project. In July 2023, the City Administrator executed an Amendment No. 1 to the PSA to EMC/Integral/Haro Kasunich to reduce Phase 1, Task 4, “Coastal Hazard and Sea Level Rise Vulnerability, High Priority Adaptation Identification, and Action Plan” and add a new Task 5 under Phase 1, “Policy Review”. The overall schedule and total compensation of $175,000 for the PSA did not change due to the scope of services revised in Amendment No. 1.

The Coastal Engineering Study and Adaptation Planning Project is designed to be completed in two phases. Phase 1 was fully funded in the prior and current fiscal years’ CIP. The deliverables and status of tasks included in Phase 1 are briefly outlined below:

Phase 1 – Coastal Engineering and Hazard Assessment
Task 1 – The findings of the Coastal Infrastructure Condition Assessment were presented to the Forest and Beach Commission in March 2023 and the Climate Committee in November 2023. The final report is available in the following link: https://ci.carmel.ca.us/sites/main/files/fileattachments/12176_carmel_beach_adaptation_coastal_protection_assessment_4-27-023_rev.pdf? 1692201318
Task 2 – Preparation of the Shoreline and Beach Change Analysis – Long Term and Seasonal. The findings of this analysis were presented to the Forest and Beach Commission in August 2023 and the Climate Committee in November 2023. The final report is available in the following link: https://ci.carmel.ca.us/sites/main/files/fileattachments/carmel_task_2_presentation_fbcommission_08102023.pdf?1692199802 Task 3 – Shoreline and Beach Erosion Exposure Modeling. A technical memo of the methods and maps showing results of the projected existing and future coastal hazard extents is planned to be presented to the Climate Committee and Forest and Beach Commission in February or March 2024.

Task 4– Coastal Hazard and Sea Level Rise Vulnerability Assessment. The consultants will provide an Executive Summary of results, up to five sector profile summaries (land use, transportation, utilities, etc.) which is planned to be presented to the Climate Committee and Forest and Beach Commission in February or March 2024.

Task 5– Policy Review. The consultants provided a memo summarizing the City’s existing coastal hazard policies and attended meetings with California Coastal Commission and staff. The Policy Review was accepted by staff.

Overall, the Consultants were on target for budget and on schedule for Phase 1. The Consultants and staff will also provide an overview of Phase 1 at an upcoming City Council meeting.

Phase 2 – Local Coastal Plan (LCP) Coastal Hazards Policy Update The Phase 2 LCP Coastal Hazards Policy work will build off the technical work completed in Phase 1 and will update the City’s LCP to address Coastal Hazards and identify adaptation strategies.

To fund Phase 2, the City received a California Coastal Commission LCP grant of $500,000 to complete all services anticipated in Phase 2. The Phase 2 scope of work will be focused on the Coastal Hazards section of the LCP, and will address sea level rise hazards, areas of vulnerability, preferred adaptation strategies, potential coastal resiliency projects, and coastal hazards mapping.

Specifically, Phase 2 will include the following tasks:

1. Consultant project management;

2. Develop recommendations for policy and project approaches and identify high priority adaptations;

3. Public outreach and solicit meaningful community engagement;

4. Conduct a socio-economic analysis including developing a cost analysis for certain implementation strategies;

5. Develop adaptation strategies for short, medium- and long-term projects as well as monitoring triggers for steps to move to the next phase of adaptation;

6. Prepare draft language for coastal hazards LCP policy updates;

7. Prepare a Draft LCP Amendment for LCP sections for consistency with Coastal Hazards; and

8. Prepare an LCP Amendment to update coastal hazard policies.

Results of most of the technical Tasks 1-7 will be presented to the Forest and Beach Commission and/or Climate Committee as appropriate. This effort would ultimately result in an updated LCP that identifies areas of coastal vulnerability in the City, addresses environmental justice needs, and plans for coastal resiliency and climate adaptation projects. The LCP Amendment would be subject to approval of the Planning Commission, City Council, and California Coastal Commission.

The Public Outreach tasks includes:
a) Eleven presentations, including: two Climate Committee, two Forest and Beach Commission, one Planning Commission, up to two City Council, two Public Workshops, and up to two Coastal Commission hearings.
b) Outreach efforts include email lists, radio announcements, beach and grocery store informational postings, and a dedicated website for content development.

An Amendment (Attachment 2) was prepared and negotiated with EMC/Integral/Haro Kasunich to provide Phase 2 services. These services were also reviewed and approved by the Coastal Commission to be acceptable to meet their LCP Grant reimbursement specifications. Phase 2 is scheduled to be completed within 24 months of issuance of the Notice to Proceed.

The City’s Fiscal Year 2023/24 CIP Budget established $100,000 to partially fund Phase 2. Since the City received Coastal Commission grant funding of $500,000, staff is now recommending that the City Council re-appropriate these funds ($100,000) to further design and construct the Shoreline Infrastructure Repairs Project to supplement the $250,000 budgeted for that Project. Specifically, these reallocated funds would be earmarked for repairs of the tide-damaged beach access stairs.

Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, therefore, does not require environmental review.

FISCAL IMPACT:

The fee for EMC Planning Group to provide services for Phase 2 of the Coastal Engineering and Adaptation Planning Project is $450,000. Funding is from a $500,000 grant received from the California Coastal Commission and appropriates $50,000 for City staff project management. The total not-to-exceed fee for EMC Planning Group for the original Agreement plus Amendment No. 1 of $175,000, plus this Amendment No. 2 fee of $450,000 for Phase 2, is $625,000.

Since the City received Coastal Commission grant funding for Phase 2, the City Council is being asked to re-appropriate the Fiscal Year 2023/24 CIP funds of $100,000 which were programmed to prepare a portion of the Phase 2 services. These funds would remain in CIP Account #301-311-00-43008, but would be re-appropriated to further design and construct the Shoreline Infrastructure Repairs Project included in the Fiscal Year 2023/24 CIP.

PRIOR CITY COUNCIL ACTION:

In August 2022, Council adopted Resolution 2022-064 approving the City’s Climate Adaptation Plan and Climate Action Plan as recommended by the Climate Committee.

In November 2022, Council approved Resolution 2022-094, authorizing a PSA to EMC Planning Group, for a not-to-exceed fee of $175,000, for the first phase of the Coastal Engineering and Adaptation Planning Project.

In June 2023, Council approved the CIP Budget which included:
a) the rollover of remaining funds ($133,000) for the Coastal Engineering and Adaptation Planning Project, Phase 1;
b) allocation of an additional $100,000 to start Phase 2; and c) $250,000 for the new Shoreline Infrastructure Repairs Project which includes the beach access stair repairs.

ATTACHMENTS:

Attachment 1) Resolution 2024-014
Attachment 2) Amendment No. 2 for EMC PSA

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-014

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 EMC PLANNING GROUP FOR THE COASTAL ENGINEERING AND ADAPTATION PLANNING PROJECT, PHASE 2, FOR A NOT-TO-EXCEED FEE OF $450,000
WHEREAS, in June 2022, the City Council approved the Fiscal Year 2022/23 Budget which included a Sea Level Rise/Coastal Engineering Report and a Beach Sand Survey and Wall Inspections in the combined amount of $175,000; and WHEREAS, in August 2022, Council adopted the City’s Climate Adaptation Plan and Climate Action Plan which recommended the Coastal Engineering Study and Adaptation Planning Project as a key initial project; and,
WHEREAS, in November 2022, Council approved a Professional Services Agreement with EMC Planning Group in the amount of $175,000 to conduct the first phase of the Coastal Engineering Study and Adaptation Planning Project; and
WHEREAS, in July 2023, the City Administrator executed an Amendment No. 1 to the Professional Services Agreement with EMC Planning Group to amend Phase 1, Task 4, “Coastal Hazard and Sea Level Rise Vulnerability Assessment” and add a new task under Phase 1, Task 5, “Policy Review” with no change in schedule or total fee; and WHEREAS, Amendment No. 2 to the Professional Services Agreement was negotiated with EMC Planning Group to perform Phase 2 of the Coastal Engineering and Adaptation Planning Project, for a not-to-exceed fee of $450,000; and WHEREAS, Amendment No. 2 services will include project management, adaptation feasibilities, public outreach, socio-economic analysis, adaptation strategies for short, medium, and long-term projects, and preparation of a Local Coastal Plan Amendment to update the City’s coastal hazard policies; and
WHEREAS, in September 2023, Council adopted Resolution 23-081 authorizing the City Administrator to apply for and accept funds from the California Coastal Commission Local Coastal Program Local Assistance Grant Program for the Coastal Engineering and Adaptation Planning Project; and
WHEREAS, in January 2024, the City of Carmel received a California Coastal Commission grant of $500,000 to complete Phase 2 of the Coastal Engineering and Adaptation Planning Project and prepare an Amendment to the Local Coastal Plan.

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

1. Authorize the City Administrator to execute Amendment No. 2 to the Professional Services Agreement with EMC Planning Group for the Coastal Engineering and Adaptation Planning Project, Phase 2, for a not-to-exceed fee of $450,000.

Attachment 1
Resolution 2024-014

Page 2 ends

2. Amend the Fiscal Year 2023/24 Adopted Budget as shown in attached Exhibit A to incorporate the California Coastal Commission Grant of $500,000 into this Project in the Capital Improvement Program (CIP) Budget.

3. Amend the Fiscal Year 2023/24 Adopted CIP Budget to reallocate $100,000 from the Coastal Engineering and Adaptation Planning CIP Project, Phase 2, to the Shoreline Infrastructure Repairs Project.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6 th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, M.M.C.

Mayor City Cler
Attachment 1
Exhibit “A”
AMENDMENT TO FISCAL YEAR 2023/24 ADOPTED BUDGET
General
Ledger
Account
Account Name Purpose
FY 2023/24
Adopted/
Amended
Budget
Adjustment
Amount
FY 2023/24
Amended
Budget
301-000-
00-35011
Capital Projects
Revenue –
Grants
To recognize
California Coastal
Commission Grant –
Coastal Engineering
Study
$267,000 $500,000 $767,000
301-311-
00-43008
Capital Projects
– Construction
in Progress
Coastal Engineering
Study – Phase I & II &
Beach Survey
$9,761,100 $500,000 $10,261,100
301-311-
00-43008
Capital Projects
– Construction
in Progress
Coastal Engineering
Study – Phase I & II &
Beach Survey
$10,261,100 -$100,000 $10,161,100
301-311-
00-43008
Capital Projects
– Construction
in Progress
Coastal Engineering
Study – Shoreline
Infrastructure Repairs
$10,161,100 $100,000 $10,261,100
Attachment 1
AMENDMENT NO. 2 TO
AGREEMENT # PWD-EMC-188-22-23

EMC PLANNING GROUP

COASTAL ENGINEERING AND ADAPTATION PLANNING PROJECT

1. This Amendment (the "Amendment") is made by City of Carmel-by-the-Sea (“CITY”) and EMC Planning Group, Inc., (“CONSULTANT”) parties to Agreement #PWD-EMC-188-22-23 (the "Agreement") executed on November 3, 2022 and as amended in Amendment No. 1 executed on July 17, 2023.

2. The Agreement is amended as follows:
a. Exhibit “A” of the Agreement (Scope of Services) is modified as follows:

Incorporate attached Exhibit A.2, Scope of Services for Hazard Policy Review and Revisions, Outreach, and Adaptation Pathway Development. b. Exhibit “B” of the Agreement (Compensation and Fee Schedule) is modified as follows:

Incorporate attached Exhibit B.2, Compensation and Fee Schedule. CITY shall pay CONSULTANT an amount not to exceed Four Hundred and Fifty Thousand Dollars ($450,000) for the additional services included in Exhibit A.2. Therefore, the Maximum Authorized Expenditure under the Agreement, Amendment No. 1, and Amendment No. 2, is Six Hundred and Twenty-Five Thousand Dollars ($625,000). c. Exhibit “C” of the Agreement (Project Schedule) is modified as follows:

Incorporate Exhibit C.2, Revised Project Schedule, for the additional services included in Exhibit A.2.
d. Agreement Section 3, “Agreement Term”, Paragraph A is modified as follows:

3.A. Term. The work under this Agreement will commence by November 2, 2022 and must be completed by June 30, 2026 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.
e. Agreement Section 5, “Representatives and Communication” is modified as follows:

5.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 the Consultant.

Name: Mary Bilse
Title: Environmental Programs Manager
Attachment 2
Address: PO Box CC, Carmel-by-the-Sea, CA 93921
Telephone: (831) 620-2078
Email: [email protected]

5.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: Anastazia Aziz, AICP
Title: Principal
Address: 601 Abrego Street, Monterey, CA 93940
Telephone: (831) 649-1799 ext. 206
Email: [email protected]

3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this Amendment and the Agreement or any earlier Amendment, the terms of this Amendment will prevail.

4. Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Amendment and to bind the parties to the performance of its obligations.

5. This Amendment may be executed in counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. The Amendment will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature.

6. If any term, condition, or covenant of this Amendment is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Amendment will not be affected and the Amendment will be read and construed without the invalid, void or unenforceable provision.

EMC Planning Group:

By: _____________________________ Date: ______________________ Michael Groves, President
CITY:

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

By: _____________________________ Date: ______________________ Nova Romero, MMC, City Clerk
Attachment 2
1 EXHIBIT A.2
Scope of Services for Hazard Policy Review and Revisions, Outreach, and Adaptation Pathway Development
A. PROJECT DESCRIPTION
The City of Carmel-by-the-Sea’s Local Coastal Program (LCP) was certified by the Coastal Commission in 2004. The LCP includes a policy document, the Land Use Plan, and a set of ordinances and resolutions to implement those policies, the Coastal Implementation Plan. The Land Use, Circulation, Coastal Access, Recreation, and Coastal Resource Management elements of the City’s General Plan have been combined with its Local Coastal Land Use Plan to ensure coordination of these two policy documents. The Coastal Implementation Plan consists of Carmel Municipal Code Chapter 17 as well as Coastal Implementation Plan appendices which include the City’s Shoreline Management Plan (Appendix A).

Climate change is one of the most significant policy areas to emerge since the certification of Carmel’s LCP in 2004, and statewide attention has focused on sea level rise and climate change considerations for local jurisdictions. As a response, in August 2022, the Carmel City Council adopted the Climate Action Plan and Climate Adaptation Plan. The City provided $175,000 to fund EMC Planning Group, Integral Consulting, and Haro Kasunich Associates (HKA) to complete Phase 1 work to: assess the conditions and lifespans of existing coastal protection structures, analyze historic blufftop and beach width changes, and model coastal hazard exposure within the City of Carmel’s Coastal Zone. Phase 1, Task 1 (Coastal Engineering Condition Evaluation) and Phase 1, Task 2 (Shoreline and Beach Change Analysis) are complete. Phase 1, Task 3 (Shoreline and Beach Erosion Modeling) and Task 4 (Coastal Hazard and Sea Level Rise Vulnerability, High Priority Adaptation Identification, and Action Plan) are nearing completion. Phase 1, Task 5 (Policy Review) is complete.

The Coastal Commission LCP Grant Agreement funds the Phase 2 policy work that will build off the technical work done in Phase 1 and will update the City’s LCP to address coastal hazards based on the findings of the Phase 1 technical studies funded by the City of Carmel. Policy updates will be focused on the Coastal Hazards section of the LCP and will address sea level rise and associated hazards, areas of vulnerability, preferred adaptation strategies, potential coastal resiliency projects, and coastal hazards mapping. Specifically, Phase 2 will include: 0) Consultant project management, including $50,000 for City staff project management; 1) develop recommendations for policy and project approaches and identify high priority adaptations; 2) public outreach and community engagement; 3) conduct a socio-economic analysis including developing a cost analysis for certain implementation strategies; 4) develop adaptation strategies for short, medium and long term projects as well as monitoring triggers for steps to move to the next phase of adaptation; 5) prepare draft language for coastal hazards LCP policy updates; 6) Attachment 2
2 prepare a Draft LCP Amendment for LCP sections for consistency with Coastal Hazards; and 7) prepare an LCP Amendment to update coastal hazard policies. This effort would result in an updated LCP that identifies areas of coastal vulnerability in the City of Carmel, addresses environmental justice needs, and plans for coastal resiliency and climate adaptation projects.

Carmel-by-the-Sea aims to complete these tasks expeditiously to ensure that coastal hazards are fully addressed and planned for in the LCP.

B. TASKS
Hazards Policy Review and Revisions, Outreach and LCP Amendment Task 0 – Project Management
This task includes billing hours after the City issues a purchase order to complete project administration, execution of subconsultant contracts, internal team coordination, a kickoff meeting, and quarterly progress calls with summary notes. EMC Planning Group, as Prime, will take the lead for the consultants on project management and administration. The City staff is also requesting funds ($50,000, to be reimbursed directly to Coastal Commission) to support staff participation and project management in the various project tasks.

Task 1 – Adaptation Feasibility
Integral will summarize the wide range of possible adaptation strategies (projects and policy, green vs gray) and briefly describe the secondary consequences of each and using our professional judgement and experiences to identify adaptation strategies that should be left on the table and presented to the community for further analysis and discussion in Phase 2. We will also identify high priority adaptations that have a very good chance of needing to be implemented over the next 10 years. Some of the feasibility criteria for adaptation will include secondary consequences, regulatory viability, as well as initial construction and ongoing maintenance costs. Essentially this will identify which adaptation tools remain on the table for community discussion, which ones are ruled out, and which are of higher priority that should be expedited to the City planning and permit phase. Integral will lead this task with input on costs from HKA and EMC write up for policy approaches.

Deliverables:
• Draft tables summarizing feasibility, recommendations for policy and project approaches, and identify high priority adaptations, sent to City and CCC staff for 6-week review • Final tables reflecting City and CCC comments as appropriate Attachment 2
3 Task 2 – Public Outreach and Engagement
EMC Planning Group and Integral will prepare and present to the Climate Committee, City Council, Planning Commission, and others ($5K per meeting for prep, staff support for staff reports, technical presentation development, participation, travel, and follow ups). Assist staff to identify and engage low-income communities as well as California Native American Tribes and develop outreach and meetings to solicit meaningful engagement. Attended by Integral and EMC lead. EMC will prepare an outreach plan to engage broader community members such as nonhomeowners, members of surrounding communities (Carmel Valley, Big Sur, Monterey, Pacific Grove, etc.), and frequent visitors. Such outreach efforts could include email lists, radio announcements, beach and grocery store informational postings, and a dedicated website for content development prepared and managed by EMC Planning Group. Phase 2 Task 3 (socioeconomic analyses) will help inform outreach strategies and groups to target.

Deliverable:
• Technical content and preparation for at least eleven (11) presentations, including: two (2) Climate Committee, two (2) Forest and Beach Commission, one (1) Planning Commission, up to (2) City Council, two (2) Public Workshops, and up to (2) Coastal Commission hearings led by Integral and EMC Planning Group (these hearings and presentations are inclusive of all anticipated hearings and presentations for the project, and are listed again below for applicable Tasks);
• Draft Outreach Plan sent to City and CCC staff for 6-week review • Final Outreach Plan
• Website content
• Outreach and Education materials.

Task 3 – Socio-Economic Analyses
Integral will lead this socio-economic analysis, which will build upon data collected from Phase 1 Task 4 (Coastal Hazard and Sea Level Rise Vulnerability, High Priority Adaptation Identification, and Action Plan) and Phase 2 Task 1 (Adaptation Feasibility) to analyze changes to City revenue streams, asset values and non-market beach and coastal recreational use values from a ‘business as usual’ approach. This task includes a travel-cost survey to understand visitation patterns and values associated with recreational and tourism use of Carmel’s coast, to help guide preferences for adaptation approaches. This task will also include the purchase of cellphone data, to better understand the source of visitors to the area, and the importance of access to the coastline of Carmel to residents of inland communities, particularly during high heat events. This is important to understand both the aggregate value of non-market values of the Carmel coastline (as values are a product of the daily use estimates from the travel cost survey and the number of visitors), Attachment 2
4 but also to examine the feasibility and equitability of different funding and financing options, such as tourism taxes and daily parking fees. Analysis of cellphone data will be based on geo-fencing of points of interest (access points, coastal reserves), and analysis of the ‘home’ location of visitor cellphone devices. The methodology will be similar to that employed by Merrill et al 2020, with advisory input from Associate Professor Kiki Patsch at California State University Channel Islands, who has experience in the use of this data in central California. Finally, this task will include developing indicative cost estimates for construction and maintenance costs associated with various prioritized adaptation strategies, based on unit cost information, to inform the benefit cost analysis (BCA). The results of the data collection and initial analysis will be used to refine a site-specific benefit cost assessment, to evaluate economic and fiscal changes from the baseline case ‘business as usual’ for community/City selected adaptation strategies.

Deliverables:
• Draft technical memo of survey and economic results with maps and tabular data, sent to City and CCC staff for 6-week review
• Final technical memo of survey and economic results with maps and tabular data incorporating City and CCC comments as appropriate
• Two (2) presentations to either the Climate Committee, Planning Commission, Forest and Beach Commission or City Council presented by EMC Planning Group or Integral.

Task 4 – Adaptation Pathway Development
Using results of Phase 1 Task 4 (Coastal Hazard and Sea Level Rise Vulnerability, High Priority Adaptation Identification, and Action Plan) and Phase 2 Tasks 1, 2 and 3, develop one adaptation pathway for each of the four sections of the City’s coastline (North Beach, North Dunes, Central Beach, and South Beach) by identifying appropriate adaptation strategies for the short, medium and long term (by time and/or SLR elevation), as well as monitoring triggers for initiating planning steps to move to the next phase of adaptation. This Task will also include engineering cost estimates for potential adaptation pathways, including how to pay for adaptation over time.

Deliverables:
• Short draft technical memo on monitoring needs and adaptation pathway graphics for each coastline section. Cost estimates and funding options for adaptation pathways, sent to City and CCC staff for 6-week review
• Final technical memo and adaptation pathway graphics, incorporating City and CCC staff comments as appropriate
• One presentation to either the Climate Committee, Planning Commission, Forest and Beach Commission or City Council attended by Integral and EMC.

Attachment 2
5 Task 5 – Revised Coastal Hazard Policies
After identifying triggers and thresholds, develop draft coastal hazards policies as needed based on results of hazard policy review, public outreach, the adaptation feasibility and adaptation pathway development, the socio-economic analysis and the Phase 1 Coastal Engineering and Hazard Assessment. This Phase includes LUP and IP policy drafting and coordination with Coastal and City staff to identify and prepare draft language for Coastal Hazards LCP policy areas updates.

Deliverables:
• 1-2 meetings with California Coastal Commission staff to discuss draft coastal hazard policies and obtain Coastal staff’s guidance on scope and policy priorities for the LCP Amendment.
• Draft LUP and IP Amendments sent to City and CCC staff for 6-week review • Final LUP and IP Amendments, incorporating City and CCC staff comments as appropriate • One presentation to the appropriate City body attended by EMC.

Task 6 – Additional Potential Policy Area Updates
This Task leaves time and budget for Amendments to other sections of the LCP, if such Amendments become necessary to maintain consistency throughout the entire LCP. For example, new Coastal Hazards policies may trigger inconsistencies with current Public Access or ESHA policies, which would then need to be updated to maintain consistency throughout the LCP. If no additional Amendments become necessary, the City will request an informal Amendment to reallocate the Task 6 funds within the Budget.

Deliverables:
• Draft LCP Amendments in sections of the LCP other than the Coastal Hazards chapter, for 6-week City and CCC staff review
• Final LCP Amendments in sections of the LCP other than the Coastal Hazards chapter, reflecting City and CCC comments as appropriate
Task 7 – LCP Amendment
Task 7 will be focused on integrating the policies written in Task 5 and Task 6 into a draft LCP and evaluating programmatic changes, and implementation language and making other necessary Amendments to the LCP based on the hazards work completed in the previous tasks. This will result in an updated, uniform, conforming LCP that is internally consistent between all coastal resource policy areas.

This task will result in a final LCP Amendment that focuses on integrating the Coastal Hazard policy updates into other policy area updates, as necessary. This Task will include working with Attachment 2
6 Coastal Commission staff to revise the policies and zoning around the coastal hazards and social vulnerability findings such that future uses are consistent with the City’s LCP policies.

Amendments to the Implementation Plan (IP) will be done concurrently with the Amendments to the Land Use Plan (LUP), as necessary. Task 7 includes the following:
• Preparation of an Administrative and Draft version of the LCP; • Submit draft LCP Amendments for 6-week City and Coastal Commission staff review; • Meet with Coastal Commission staff;
• Present draft LCP Amendments at a public workshop for input and discussion; • Develop revised draft LCP Amendments that addresses feedback received to date; • Prepare the Final Coastal Hazards and Sea Level Rise Draft LCP documents (and any associated LCP Amendments);
• Attend and present at the Planning Commission Hearing (LCP Coastal Hazards and LCP Amendments adoption);
• Attend and present at the City Council Hearing (LCP Coastal Hazards LCP and Amendments adoption);
• Attend the Coastal Commission LCP Amendments (Coastal Hazards LCP and Amendments) Certification hearing and assist the City with response to questions, if needed; • If the Coastal Commission approves the LCP Amendment with suggested modifications, then there will be another City Council hearing to accept the suggested modifications; and • Second Coastal Commission Hearing for certification review.

Deliverables:
• Administrative draft LCP Amendment(s) for City and 6-week Coastal Commission staff review.
• Draft LCP Amendment(s) for public review, revised to reflect City and CCC staff comments. • Local hearing package: Revised draft LCP Amendments for adoption consideration; final Coastal Hazards and Sea Level Rise Draft LCP documents
• Up to four (4) meetings with City and Coastal Commission staff to discuss Amendments. • One (1) public workshop to consider draft LCP Amendments. • One (1) Planning Commission Hearing.
• Up to two (2) City Council Hearings.
• Up to two (2) Coastal Commission Hearings.

Note: All documents will be produced as electronic format files (Word and Adobe pdf).

Attachment 2
Exhibit B.2
Compensation and Fee Schedule
Scope of Work Fee Schedule
Task 0 – Project Management $68,745
Task 1 – Adaptation Feasibility $27,260
Task 2 – Public Outreach and Engagement $62,320
Task 3 – Socio-Economic Analyses $63,850
Task 4 – Adaptation Pathway Development $87,180
Task 5 – Revised Coastal Hazard Policies $50,240
Task 6 – Additional Potential Policy Area Updates $35,740 Task 7 – LCP Amendment $54,665
Consultants Total $450,000
Total Budget Not-to-Exceed $450,000
Tasks will continue to be billed on a time and materials basis. Hourly rates shown in the following pages will be in effect for the duration of Amendment No. 2 services.

Attachment 2

EMC FEE SCHEDULE
(Effective January 1, 2024)
Principals Hourly Billing Rate
Senior Principal .............................................................. $295.00 Principal .......................................................................... $275.00 Planners
Principal Planner ........................................................... $235.00 Senior Planner ................................................................ $205.00 Associate Planner .......................................................... $175.00 Assistant Planner ........................................................... $140.00 Biologists Monitoring Rate
Principal Biologist .......................................................... $225.00 ($150.00) Senior Biologist ............................................................... $185.00 ($130.00) Associate Biologist ......................................................... $170.00 ($120.00) Assistant Biologist .......................................................... $125.00 ($100.00) Archaeologist
Registered Professional Archaeologist ....................... $145.00 Support Staff
Desktop Publisher ......................................................... $150.00 Executive Assistant/Production Manager .................. $125.00 Administrative Assistant .............................................. $115.00 GIS/Graphics Technician .............................................. $140.00 This fee schedule is exclusive of direct reimbursable expenses, such as word processing, editing, printing, copying, travel, lodging, dining, communications, supplies, equipment rental, etc. All expenses are billed at cost plus fifteen percent (15%) for administration. All outside services are billed at cost plus fifteen percent (15%) for administration. This fee schedule is subject to revision at any time.

A retainer of up to fifty percent (50%) of the approved contract amount may be required for new clients or projects. Invoices are due and payable within 30 days. Past due balances are subject to a service charge of one and one-half percent (1.5%) per month. Service charges are in addition to approved contract amount.

Expert witness services are provided at a fifty percent (50%) mark-up.

Attachment 2
Integral Fee Schedule 2024
David Revell $ 280
Matt Jamieson $ 215
Dave Anning $ 250
Luc/Nicole/Sydney $ 165
Ashley/Rae/Kiki $ 190
Charles Lester $ 265
Admin/Production $ 145
Attachment 2
Exhibit C.2
Revised Project Schedule
Project start/end dates: 12/18/23 – 4/30/2026
Task 1. Adaptation Feasibility Projected start/end dates: 12/18/2023 – 7/31/2024

1.1 Prepare Draft tables summarizing
feasibility, recommendations for policy and
project approaches, and identify high
priority adaptations
December 18, 2023 – June 28, 2024

1.2 Prepare Final tables reflecting City and
CCC comments as appropriate July 1, 2024 – July 31, 2024 Outcome/Deliverables:
a. Draft tables summarizing
adaptation feasibility
b. Final tables summarizing adaptation
feasibility
a. June 28, 2024
b. July 31, 2024
Task 2. Public Outreach and Engagement Projected start/end dates: 3/1/2024 – 4/30/2026

2.1 Prepare technical content and
preparation of eight (8) presentations March 1, 2024 – December 31, 2024

2.2 Prepare Draft Outreach Plan March 1, 2024 – March 15, 2024

2.3 Prepare Final Outreach Plan March 22, 2024 – March 29, 2024

2.4 Provide Website Content April 1, 2024 – April 30, 2024

2.5 Prepare Outreach and Education
Materials March 1, 2024 – April 30, 2024
Outcome/Deliverables
a. Technical content and 8
presentations
b. Draft Outreach Plan
c. Final Outreach Plan
d. Website Content
e. Outreach and Education Materials
a. April 30, 2026
b. March 15, 2024
c. March 29, 2024
d. April 30, 2024
e. April 30, 2024
Task 3. Socio-Economic Analysis Projected start/end dates: 1/2/2024 – 7/31/2024

3.1 Prepare draft technical memo of survey
and economic results January 2, 2024 – March 1, 2024

3.2 Prepare final technical memo of survey
and economic results March 29, 2024 – April 12, 2024

3.3 Two presentations to
Commission/Council May 1, 2024 – July 31, 2024
Outcome/Deliverables
a. Draft technical memo of survey and
a. March 1, 2024
b. April 12, 2024
Attachment 2
economic results
b. Final technical memo of survey and
economic results
c. Two Presentations to
Commission/Council
c. July 31, 2024
Task 4. Adaptation Pathway Development Projected start/end dates: 4/1/2024 – 12/31/2024

4.1 Develop adaptation pathway for each
of the four sections of Carmel Beach April 1, 2024 – August 16, 2024

4.2 Prepare engineering cost estimates for
potential adaptation strategies April 1, 2024 – August 16, 2024

4.3 One presentation to
Commission/Council September 2, 2024 – December 31, 2024 Outcome/Deliverables
a. Draft technical memo on monitoring
needs and adaptation pathway
b. Final memo on monitoring needs
and adaptation pathway
c. Engineering cost estimates for
potential adaptation strategies
d. One presentation to
Commission/Council
a. August 1, 2024
b. August 16, 2024
c. August 16, 2024
d. December 31, 2024
Task 5. Revised Coastal Hazard Policies Projected start/end dates: 1/2/2024 – 12/31/2024

5.1 Identify and prepare draft language for
coastal hazards LCP policy updates January 2, 2024 – August 16, 2024

5.2 Prepare final policy language August 19, 2024 – December 31, 2024 Outcome/Deliverables
a. 1-2 meetings with California Coastal
Commission staff
b. Draft policy language shown
embedded in LUP and IP
c. Final policy language
d. One presentation to
Commission/Council
a. March 29, 2024
b. September 30, 2024
c. December 31, 2024
d. December 31, 2024
Task 6. Additional Potential Policy Area
Updates
Projected start/end dates: 3/15/2024 –
4/1/2025

6.1 Preparation of Draft LCP Amendment
other than Coastal Hazards March 15, 2024 – April 1, 2025

6.2 Preparation of Final LCP Amendment
other than Coastal Hazards April 1, 2025 – May 1, 2025
Outcome/Deliverables
a. Draft LCP Amendment other than
a. February 14, 2025
b. May 1, 2025
Attachment 2
Coastal Hazards
b. Final LCP Amendment other than
Coastal Hazards
Task 7. LCP Amendment Projected start/end dates: 1/1/2025 – 2/15/2026

7.1 Preparation of Admin. Draft LCP
Amendment and 6-week City and CCC
Review
January 1, 2025 – March 15, 2025

7.2 Preparation of Draft LCP Amendment March 15, 2025 – April 16, 2025

7.3 Meeting with Coastal Commission staff March 1, 2025 – March 10, 2025

7.4 Present draft LCP Amendment at a
public workshop March 30, 2025

7.5 Prepare revised Draft LCP Amendment April 1, 2025 – May 1, 2025

7.6 Prepare Final Coastal Hazards and Sea
Level Rise Draft LCP documents May 1, 2025 – June 15, 2025

7.7 Public Workshop June 30, 2025

7.8 One Presentation to Planning
Commission Hearing
July 15, 2025

7.9 One Presentation to City Council
Hearing
August 30, 2025

7.10 Attend Coastal Commission LCP
Amendment Hearing October 30, 2025

7.11 City Council Hearing to Accept Coastal
Commission Suggested Modifications (as
needed)
December 1, 2025

7.12 Coastal Commission Certification
Review Hearing (as needed) February 15, 2026
Outcome/Deliverables
a. Admin. Draft LCP Amendment
b. Draft LCP Amendment
c. Meeting with Coastal Commission
d. Revised Draft LCP Amendment
e. Final Coastal Hazards and Sea Level
Rise Draft LCP documents
f. Public Workshop
g. Planning Commission Hearing
h. City Council Hearing
i. Coastal Commission Hearing
j. City Council Hearing – Accept
Suggested Modifications
k. Second Coastal Commission Hearing
a. March 15, 2025
b. April 16, 2025
c. March 10, 2025
d. May 1, 2025
e. June 15, 2025
f. June 30, 2025
g. July 15, 2025
h. August 30, 2025
i. October 30, 2025
j. December 1, 2025
k. February 15, 2026
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Ashlee Wright, Director, Libraries & Community Activities APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-015, authorizing City Co-Sponsorship of the Carmel Public Library Foundation's Annual Donor Salute Event at the Main Library on Sunday, March 10, 2024; and Authorizing City Co-Sponsorship of the Carmel Public Library Foundation's Annual Sterling Circle Event at the Main Library on Sunday, June 9, 2024
RECOMMENDATION:

Adopt Resolution 2024-015, authorizing City Co-Sponsorship of the Carmel Public Library Foundation's Annual Donor Salute Event at the Main Library on Sunday, March 10, 2024; and Authorizing City CoSponsorship of the Carmel Public Library Foundation's Annual Sterling Circle Event at the Main Library on Sunday, June 9, 2024.

BACKGROUND/SUMMARY:

The Carmel Public Library Foundation (CPLF) is requesting the use of the Main Library to hold its annual Donor Salute event, on Sunday, March 10, 2024 (Attachment 2). Donor salute is held each to thank those who donate $100 or more in a calendar year to the CPFL.

The CPLF is also requesting the use of the Main Library to hold its annual Sterling Circle event on Sunday, June 9, 2024 from 3:00pm - 5:00pm at the Main Library. The Sterling Circle event is held annually to thank the CPLF Planned Giving Program donors.

Per City Policy C89-47 "Support Groups Policy" (Attachment 3), the use of library facilities shall be determined by the Harrison Memorial Library Board of Trustees, with the exception of events at which alcoholic beverages are offered. The Board of Trustees considered the CPLF's request at its January 25, 2024 meeting and voted to recommend that the City authorize co-sponsorship of both of the events.

Wine will be served during the event. The CPLF will secure a Daily License Permit from the Department of Alcoholic Beverage Control.

Per policy C89-47, the City will not provide insurance coverage for any City Support Groups in a City building at which alcohol is served, unless the activity is officially co-sponsored by resolution of the City Council.

Both Donor Salute and Sterling Circle are opportunities for the CPLF to extend its gratitude and appreciation to its donors for their support.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

The Council has adopted a resolution authorizing co-sponsorship of both events for over 10 years.

ATTACHMENTS:

Attachment 1) Resolution 2024-015
Attachment 2) Request Letter
Attachment 3) Support Groups Policy

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-015

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

AUTHORIZING CITY CO-SPONSORSHIP OF THE CARMEL PUBLIC LIBRARY FOUNDATION’S ANNUAL DONOR SALUTE AT THE MAIN LIBRARY ON SUNDAY, MARCH 10, 2024 AT WHICH ALCOHOL WILL BE SERVED AND AUTHORIZING CITY COSPONSORSHIP OF THE CARMEL PUBLIC LIBRARY FOUNDATION’S STERLING CIRCLE EVENT AT THE MAIN LIBRARY ON SUNDAY, JUNE 9, 2024
WHEREAS, the Harrison Memorial Library Board of Trustees and the Carmel Public Library Foundation are requesting City co-sponsorship of the Annual Donor Salute on Sunday, March 10, 2024 from 3:00 p.m. to 5:00 p.m. at Harrison Memorial Library; and WHEREAS, the Harrison Memorial Library Board of Trustees and the Carmel Public Library Foundation are requesting City co-sponsorship of the Sterling Circle event on Sunday, June 9, 2024 from 3:00 p.m. to 5:00 p.m. at Harrison Memorial Library; and WHEREAS, City Policy C89-07 requires City Support Groups to obtain City Council approval to cosponsor events at which alcohol is served; and WHEREAS, it is necessary to notify the City’s insurance carrier of the co-sponsorship.

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

1. Agree to co-sponsor the Carmel Public Library Foundation’s Annual Donor Salute on March 10, 2024.

2. Agree to co-sponsor the Carmel Public Library Foundation’s Sterling Circle event on June 9, 2024.

3. Authorize the City Administrator to notify the Harrison Memorial Library Board of Trustees and Carmel Public Library Foundation of the Council’s concurrence to co-sponsor the event.

4. Authorize the City Administrator to officially notify the City’s insurance carrier of the cosponsorship.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of February, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CARMEL PUBLIC

LIBRARY FOUNDATION
December 14, 2023
Chip Rerig. City Administrator and City Council
Monte Verde Street between Ocean and 7th Aves.

P.O. Box CC
Carmel, CA 93921
Dear Mr. Rerig,
The Carmel Public Library Foundation respectfully requests consideration of our request to hold our donor cultivation event, the Donor Salute on Sunday - March 10, 2024 from 3:00pm-5:00pm and our legacy appreciation event, the Sterling Circle on Sunday- June 9, 2024 from 3:00pm-5:00pm at the Main Library.

We plan to serve wine at each of the events. We are eager to obtain whatever approvals are necessary.

Please let us know the necessary steps involved and if you require any additional information or documentation.

Thank you for your consideration of our request.

Sincerely,
((v-k��
Alexandra Fallon
Executive Director
PO. Box 2042, Carmel-by-the-Sea, CA 93921 tel (831) 624-2811 fax (831) 626-1788 www.carmelpubliclibraryfoundation.org -- - ----� ----
Attachment 2

CITY OF CARMEL-BY-THE-SEA

POLICY AND PROCEDURE
Subject: Support Groups Policy Policy/Procedure No: C89-47 Effective Date: 3 October 1989 Authority: Resolution No. 89-121 Purpose:

To establish a formal procedure for relationships between the City and its support groups.

Policy/Procedure:

As fully set forth in the policy document, attached.

Responsible Party:

City Administrator/City Council
Department of Origin:

Administration/City Council
Revision Dates:
6 March 1990 (Resolution No. 90-26)
4 August 1992 (Resolution No. 92-70)
3 April 2007 (Resolution No. 2007-19)
2 October 2012 (Resolution No. 2012-70)
7 September 2021 (Resolution No. 2021-046)
Rescinded Date:

City Administrator Approval:
_____________________________________________________________________________________ Signature Date
4 January 2022 (Resolution No. 2022-009)
Attachment 3
Support Groups Policy
September 21, 1989
General:

The City Council recognizes that individuals of the community will join together from time to time in support groups to assist the municipal organization (City) or one of its departments for a variety of reasons. The City Council also recognizes the value of the assistance so provided by support groups and encourages the formation of such groups where appropriate and/or a need exists. So that both the City and its entities and the support groups have a clear understanding of the nature and extent of the relationship, the following guidelines have been developed and adopted by the City Council.

Definition:

Support groups are associations of individuals who have voluntarily joined together in a unit whose sole or primary purpose is to provide assistance – monetary, social, cultural or otherwise – but not political – to the City or one of its departments.

Nature of Relationship:

The City recognizes the importance of support groups to the financial, social, cultural and environmental fabric of our community as well as the need for private support groups to be independent and freed of the restrictions which are applicable to public entities. It is also recognized by the City that a relationship will exist between support groups and the City. It is the intent of the City to keep the relationship with all support groups to a minimum, recognizing that support groups are private in existence, a status which requires neither the specific public noticing, reporting and liability responsibilities of, nor financial assistance from, the City.

While members of support groups have the freedom of association guaranteed by the Constitution, the support group is recognized by the City as a private body.

City Involvement with Support Groups/Personnel:

City personnel, whether elected, employed or appointed, shall not serve on the board of directors (either as a member or in an ex officio capacity) of a support group. Employees of support groups are not City employees and support groups and their officers shall refrain from representing themselves as agents or officers of the City. City staff will be assigned by the City Administrator to serve in a liaison capacity and to provide technical assistance to support groups if requested.

Use of City Facilities*:

Support groups are entitles to free use of City facilities for meetings, either general membership, board, executive committee, or special committee as long as:
a) The date and time are convenient to the operation and maintenance of the facility in which the meet is desired;
b) The meeting room is not needed for a City board, committee or commission meeting; Attachment 3
c) The meeting is to occur during regular hours of operation or does not require the scheduling of staff beyond regular schedules if held at a time other than regular hours; d) The desired room is available;
e) The City will not incur a substantial cost for providing the room; and f) The use of the City facilities by the support group is in furtherance of the interests of the City.

The City shall draw up an agreement with each support group which shall outline the terms and conditions for the free use of meeting rooms and of storage space. Support groups may also store assets and belongings in a public facility subject to a valid Hold Harmless Agreement and certificate of insurance being on file with the City Clerk’s office and naming the City as an additional insured party, and provided that the space is not required for municipal properties.

City facilities, with the exception of library facilities, may not be used to provide free space or equipment for the business office of the support group. The use of Library facilities shall be determined by the Harrison Memorial Library Board of Trustees, with the exception of events held at these facilities at which alcoholic beverages are offered. Limitations on such use are described in this Policy in the paragraph titled “Insurance”.*
Use of City Equipment*:

No support group, its officers or members, shall utilize any equipment belonging to the City and/or any of its departments except audio/visual equipment and room furnishings which are normally provided upon request with the use of a room. City equipment is defined but is not limited to telephones, desks, copy machines, computers and computer terminals, mail and stamping devices, facsimile machines, typewriters and adding machines. The City Administrator may grant use of City equipment in special circumstances. The use of library equipment shall be determined by the Harrison Memorial Library Board of Trustees.*
Membership Rolls:

Membership rolls of support groups and the City can be exchanged if an agreement is reached between the parties and is consistent with both State and Federal laws.

Postage:

Each support group shall secure and maintain its own Post Office box or mailing address. The City’s or a City department’s Post Office box or bulk mailing permit is to be used for official City business only. Each support group shall incur all expenses associated with the mailing of its literature, minutes, agendas and fund-raising requests.
__________________________
* For statutory provisions governing use of library facilities and equipment, see Education Code, Title 1, Division 1, Part 11, Chapter 5, Section 18919 and Carmel-by-the-Sea Municipal Code Section 2.72.050.

Attachment 3
Political Activities:

No support group, organized for the purpose of assisting the City or one of its departments shall partake, either officially or unofficially, in any political activity involving the City of Carmel-by-the-Sea, its officers, employees, or facilities. Political activity includes, but is not limited to:
• Mayoral and City Council elections
• Local ballot issues
• Involvement in administrative or personnel matters
Support Groups are encouraged to use proper and accepted internal City communication channels and the public appearances section of City Council meetings.

Insurance:

The City will provide general liability insurance coverage for support groups including the cost of the insurance deductible as long as the support groups are meeting or holding events in public buildings or at public facilities. If a support group meets away from a public building or public facility and/or outside the City limits, then it shall be the option of the support group as to whether it desires to secure insurance protection. The City will not provide insurance protection for activities and events held outside of the City limits or away from public buildings and/or public facilities and will not provide coverage at any activity where alcoholic beverages are being served unless such activity is officially sanctioned and cosponsored via a Resolution of the City Council.

Should support groups desire to serve alcoholic beverages at an event, either in a public building or at a public facility, the support group will be required to secure its own insurance coverage, unless the City Council adopts a Resolution of co-sponsorship.

Co-Sponsorship:

A Resolution of the City Council of the City of Carmel-by-the-Sea is required in order for the City to cosponsor with any support group any event, performance, activity or function, whether one-time, cumulative or ongoing.

Fund-Raising Events within Public Facilities:

The City recognizes that support groups from time to time will request the utilization of public facilities for fund-raising activities. Such requests for the use of public facilities shall be forwarded to the City Council for its review at least thirty (30) days prior to the scheduled event. The City will give preferential consideration to support groups over other groups for fund-raising activities within public facilities.

Requests for the use of Library facilities shall be forwarded to the Harrison Memorial Library Board of Trustees for its review at least thirty days (30) prior to the scheduled event.* However, any event approved by the Library Board of Trustees at which alcoholic beverages are to be offered must also have prior approval of the City Council as set forth in this Policy in the paragraph titled “Insurance”.

Support Groups are cautioned that obtaining such approval by both bodies could take seven weeks or more, depending on the scheduling of their respective meetings.

Attachment 3
Bylaws:

Each support group shall provide a copy of its current bylaws to the City Clerk.

Annual Audit:

The City requires a copy of the annual audit, review or internal financial report of each support group.

Responsibility for Implementation of Policy:

The City Administrator is delegated as the City official responsible for the implementation of this policy.

Periodic Review:

The City Council will, from time to time, review the intent and content of this policy and make any necessary amendments which it deems necessary to protect the interests of the City and the support groups. All support groups will be notified whenever a review is determined to be needed. __________________________
* For statutory provisions governing use of library facilities and equipment, see Education Code, Title 1, Division 1, Part 11, Chapter 5, Section 18919 and Carmel-by-the-Sea Municipal Code Section 2.72.050.

Attachment 3
Attachment 3
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

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

Resolution 2024-017 Rescinding Resolution 2023-105 and Establishing the City Council meeting dates for the 2024 Calendar Year
RECOMMENDATION:

Adopt Resolution 2024-107 Rescinding Resolution 2023-105 and establishing the City Council meeting dates for the 2024 calendar year.

BACKGROUND/SUMMARY:

On December 4, 2023, the City Council established the 2024 meeting schedule via Resolution 2023-105 in accordance with City Municipal Code Chapter 2.04. Upon review, it has come to our attention that an inadvertent error exists in the resolution that requires correction.

Background
The City's Municipal Code, Chapter 2.04, sets the standard schedule for City Council Meetings on first Tuesday of each month at 4:30 p.m., with a Special Meeting scheduled for the day preceding the regular monthly meeting.

If a holiday occurs in the first week of the month, the Council meeting shifts to the second week for holiday accommodation and agenda preparation.

Upon review, it found that the adopted schedule in Exhibit A of Resolution 2023-105 incorrectly lists the Regular Council Meeting date in October as October 8th instead of the first Tuesday, which is October 1st. The Special Meeting date should be corrected as well, from October 7th to September 30th. As there is no holiday during the first week of October, the first Tuesday meeting scheduled should remain unchanged. The rest of the meeting dates for 2024 are accurate and require no changes.

Below is a redline version to show the correction to be made to the October meeting schedule:

Exhibit A - 2024 City Council Meeting Dates
Recommendation
To remedy the error, staff recommends rescinding Resolution 2023-105 and adopting the corrected 2024 meeting schedule included in Attachment 1.

FISCAL IMPACT:

No direct fiscal impact for this action.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution 2024-017

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RESCINDING RESOLUTION 2023-105 AND ESTABLISHING THE MEETING DATES OF THE CITY COUNCIL FOR CALENDAR YEAR 2024
WHEREAS, Section 2.04.010 of the City’s Municipal Code stipulates that the Council regular meetings are held on the first Tuesday of the month beginning at 4:30 p.m. and the Tour of Inspection (Special Meeting) are held on the Monday preceding the regular meeting, unless otherwise established by Resolution; and
WHEREAS, on December 2, 2023, Council adopted Resolution 2023-105, establishing the meeting dates of the City Council for calendar year 2024; and WHEREAS, a correction to the schedule of meeting dates adopted by Resolution 2023- 105 needs to be made to reflect that the October Regular Council Meeting will be held on October 1, 2024, with a Special Meeting the day before on September 30, 2024; and WHEREAS, the corrected 2024 City Council Meeting dates are reflected in “Exhibit A” attached.

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

Rescind Resolution 2023-105, and approve the corrected calendar of the City Council Meetings for calendar year 2024 as attached hereto as Exhibit A.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Resolution No. 2024-017

Page 2 of 2 ends

EXHIBIT A
2024 City Council Meeting Dates
Special Council Meeting
(Monday preceding the Regular
meeting)
4:30 p.m.

City Council Regular Meeting
(Tuesday)
4:30 p.m.

January 8* January 9*
February 5 February 6
March 4 March 5
April 1 April 2
May 6 May 7
June 3 June 4
July 8* July 9*
August 5 August 6
September 9* September 10*
September 30 October 1
November 4 November 5
December 2 December 3
* Due to holiday the first week of the month
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

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

Receive a follow up presentation by Wave Astound Broadband to address public comments regarding their Fiber Optic Project and authorize issuance of an Encroachment Permit with Special Conditions of Approval RECOMMENDATION:

BACKGROUND/SUMMARY:

Background
At the October 3, 2023 City Council meeting, Public Works staff and a representative of Wave Astound Broadband (Wave) presented a proposed Fiber Optic Project that has been in review in some form with the City since 2017. The bulk of the Project consists of installing a continuous fiber optic cable attached to existing PG&E power poles in the northern and central portions of the City, and installing a segment of fiber optic conduit below San Carlos Street between Ocean and Seventh Avenues. The Staff Report, which includes the Project Location Map, is included in Attachment 1.

The Public Works and Community Planning and Building Departments have performed extensive reviews of the proposed Project alignment, plans, and potential impacts. Special Conditions of Approval to a proposed Encroachment Permit were prepared to minimize public disruption during and after installation, and all conditions were accepted by Wave. Included in the permit application process was an Arborist Report documenting all trees in the easterly half of the Project. Although aerial cables are to be installed through existing tree crowns, no trees will be removed, and utility pruning, which is expected to be minimal, will be performed by a Certified Arborist with utility line clearance certification under the direction of the City Forester.

Once started, construction is anticipated to last approximately three months, pending weather conditions. Wave will provide construction management over their contractors, and Public Works will lead the oversight during construction and help resolve problems as they arise. The Directors of Public Works and Public Safety have the authority to immediately shut down the Project if serious problems or safety issues arise.

Council and Public Comments and Responses
At the October meeting, Councilmembers and the public voiced various questions and concerns regarding the proposed Project. Council directed staff to work with Wave to address these comments and return to Council with responses.

Below are the questions and comments received and our collective responses. At the February 6, 2024 meeting, Wave will expand on certain responses, such as pros and cons for undergrounding the cable at this time, and potential benefits to the City and residents.

1. Question: Can the public see Wave’s Application?
Response: The Permit Application is included in Attachment 2. The construction plans, traffic control plans, technical reports, and other information is available for review at the Public Works Office upon appointment.

2. Question: Was the weight of the cable evaluated with the structural integrity of the power poles they are being placed on?
Response: Yes. Up to eight support anchors or guy wires are required to reinforce the poles.

3. Question: Can Wave ensure the Project will be constructed in its entirety and to the satisfaction of the City? Can they post a Performance Bond? Response: In response to this comment, a Special Condition of Approval was added to require Wave to post a Performance Bond in the amount of $100,000. See Attachment 3, Condition #4.

4. Comment: This Project is not minor and is not Exempt under the California Environmental Quality Act (CEQA).

Response: Staff confirmed that this Project is exempt from CEQA in accordance with Section 15303 (Class 3) of the CEQA Statues.

5. Question: Will the cable be attached to any trees?
Response: No.

6. Question: Will more fiber optic lines be installed in the City? Response: Possibly from Wave and/or other utility providers in the future. This would require a separate Encroachment Permit(s) and project-specific Conditions of Approval based on the scope of the proposed future projects.

7. Question: Is Wave entitled to install the new Fiber Optic as a matter of right? Response: The company has a state franchise to use the public right-of-way for their new fiber optic facilities, but it is subject to the City's authority to reasonably determine whether the proposed installations will incommode the public use of the streets. This can include a consideration of aesthetics. The City cannot charge a fee for using the public right-of-way, but can charge for permits.

8. Question: What discretion does the City have regarding this item in terms of either denying the encroachment permit or imposing conditions?
Response: Under state law, denial is allowed if the installation would incommode the public use. The City appears to have established the criteria for exercising its authority over utility encroachments in Carmel Municipal Code (CMC) Chapter 12.08, (see 12.08.050 and 12.08.060 among others), for the standards, process and some conditions. The City would have to approve the application if the applicant meets the code standards. Conditions of approval are common. They must be reasonable and proportionate.

9. Question: Is the City entitled to collect a Franchise fee for this project? Response: The City will not receive any Franchise Fees for the proposed fiber cable for the following reasons. Under state law, local governments have no authority to grant or refuse to grant franchises to communications companies to allow them to use local public rights of way. Franchises are granted pursuant to state law. Telephone companies have a statutory state franchise under Pub. Util. Code 7901 to use all public rights of way within the state, and in most cases are also required to obtain a certificate of public convenience and necessity (CPCN) from the California Public Utilities Commission (CPUC). Cable TV/video service providers are required to obtain a state video franchise from the CPUC under Pub. Util. Code 5840.

Telephone companies and cable TV/video service providers do not need any additional franchise or authorization to provide internet services. Under state law, the City may collect very limited franchise fees. Cable TV/video service providers must pay a franchise fee to the City in the amount of 5% of gross revenues derived solely from the provision of cable TV/video services to residents and businesses within the City; they do not pay franchise fees on other revenues such as internet. No franchise fees may be collected from telephone companies.

Astound LLC is authorized by the state both as a telephone company with a CPCN, and as a video/cable TV services provider. Astound intends to use it fiber network to offer business and enterprise class broadband internet and telephone. The current footprint of Astound’s video/cable TV authorization does not include Carmel-by-the-Sea so it cannot offer cable TV/video services to residents/businesses at this time. If in future, the company decides to offer video services within the City, then it would have to obtain an amendment to its state authorization from the CPUC, and Astound would then have to pay franchise fees to the City on those cable TV/video services revenues.

10. Comment: The Project appears to be inconsistent with the General Plan.

Response: The General Plan does not include a specific policy requiring undergrounding of new electrical/fiber utilities. In the General Plan Public Facilities and Services Element, Graph 6.1, “Priorities for Improving/Maintaining City Facilities,” notes that based on a 1982 community survey, 59% of respondents stated that undergrounding utilities was “most important.”

11. Comment: The Project appears to be inconsistent with Municipal Code Section 13.32, Cable System Regulations.

Response: Staff’s review of CMC Section 13.32 did not reveal any inconsistencies with the proposed Project.

12. Question: What customer service ratings does Wave have? Response: Wave will provide this information in their presentation.

13. Question: Why can’t Wave install the fiber optic cable underground by micro-trenching? Can Wave assure the City that they will relocate their aerial cable to underground when PG&E and other utilities are converting to underground, at no cost to the City? Response: Wave will provide this information in their presentation.

14. Question: What types of benefits will this Project bring to Carmel-by-the-Sea? Response: Wave will provide this information in their presentation.

Environmental Review
The City finds that this Project is exempt from CEQA in accordance with Section 15303 (Class 3) of the CEQA Statues for new construction and conversion of small structures. A Notice of Exemption will be filed by the City upon Project approval by the City Council.

FISCAL IMPACT:

Based on the combined length of the aerial cables and underground conduit, this Encroachment Permit fee is $25,155, of which Wave previously paid $19,306.

PRIOR CITY COUNCIL ACTION:

In October 2023, Council received a presentation from Wave Astound Broadband regarding installation of their proposed Fiber Optic Project and requesting authorization for issuance of an Encroachment Permit with Special Conditions of Approval. Council directed staff to work with Wave to address public comments and return to Council with responses.

ATTACHMENTS:

Attachment 1) October 3, 2023 Staff Report and Project Map Attachment 2) Encroachment Permit Application
Attachment 3) Updated Special Conditions of Approval
Attachment 1
Attachment 1
Attachment 1
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1. Property Owner: ____________________________________ Date: ______________

2. Project Location: _______________________________________________________ Block: ____________Lot(s):_____________Parcel #:_______________________________ Mailing Address: ________________________ City: ___________ State: ____ Zip: _______

3. Contractor/Contact Person (Circle One):________________________________________ Mailing Address: _______________________ City: ___________ State: ____ Zip: ______ Telephone # (_____) ___________________ E-Mail: _______________________________ Contractor State Lic #:_________________ Contractor City Lic #:________________ Type: _______

4. Date Work is Scheduled to Begin: _________ Projected Completion Date: _________ *PLEASE ATTACH SITE PLAN AND PHOTOS DETAILING PROPOSED* FULLY DESCRIBE ALL WORK PROPOSED:__________________________________________________ ÆPLEASE NOTIFY USA DIG (Call 811) 48 HOURS PRIOR TO DIGGING ÆPLEASE NOTIFY PUBLIC WORKS DEPT. (831-620-2074) 48 HOURS

PRIOR TO START OF WORK
ÆCONTROL OF DRAINAGE DURING AND AFTER CONSTRUCTION IS
REQUIRED.

Applicant Acknowledgement
I understand and agree to comply with all pertinent conditions, standards and requirements as specified by the Carmel Municipal Code, State, County and Federal regulations pertaining to this permit application. I agree to properly maintain the subject work at no expense to the City and to indemnify the City from any liability arising from the permit issued.

Acceptance by the City of the work described hereon is not a waiver of my obligations as stated herein.

Applicant Name (Print Clearly):______________________________________________________________________ Signature: _______________________________________________________________Date:___________________

PERMANENT ENCROACHMENT

PERMIT APPLICATION
City of Carmel-by-the-Sea
Department of Community Planning & Building
P2%R[&&, Carmel, CA 93921
(831) 620-2010 OFFICE
EN ____________
FEE PD _____________
REC # _____________
Copy Given to:
____________________
Date:

Astound Broadband, LLC 03/24/2023
See Attached Supplemental Page
215 Mason Circle Concord CA 94520
Albert Borbon
215 Mason Circle Concord CA 94520
925 532-5670 [email protected]
See Supplemental Page See Supplemental Page
05/01/2023 06/02/2023
All work operations are detailed on
attached plans and supplemental page for this project.

Cory L Pacheco on behalf of Astound Broadband, LLC Digitally signed by Cory L Pacheco Reason: I attest to the accuracy and integrity of this document Location: Gilroy, CA
Date: 2023-03-24 10:48:58
Foxit PhantomPDF Version: 9.7.5
Cory L Pacheco 03/24/2023
Attachment 2
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CITY USE ONLY BELOW
Lead Department: Planning & Building Public Works
Public Works: Approve/Disapprove Forestry/Beach: Approve/Disapprove By: __________________Date:_______ By: __________________Date:_______ Planning Department: Approve/Disapprove Police Department: Approve/Disapprove (Optional) (Optional)
By: __________________Date:_______ By: __________________Date:_______ Additional Insurance: Approve/Disapprove
(Optional)
By: __________________Date:_______
Please protect all trees during construction:

ÆHAND DIG WITHIN 10 FEET OF TREES.

ÆNOTIFY FORESTER OF ROOTS 2” OR MORE THAT NEED TO BE CUT. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ FINAL INSPECTION FROM PUBLIC WORKS: ______________
DATE: ______________
Attachment 2
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INSTRUCTIONS TO THE APPLICANT

PERMIT FOR ENCROACHMENT IN THE PUBLIC RIGHT-OF-WAY

CITY OF CARMEL-BY-THE-SEA
An application for an encroachment in the public right-of-way includes all of the following steps. Encroachment Permit Application
This is the first step in the process of requesting the City’s approval for an encroachment in the public right-of-way. The application and the form entitled “Information Regarding Improvements in the ROW” are to be completed and returned, along with the encroachment application fee, DVGHWHUPLQHGE\WKHPDVWHUIHHVFKHGXOH, to the Department of Community Planning & Building. A site plan sketch on an 8.5” x 11” sheet is also typically required (refer to the Site Plan Requirements handout, included with this application packet). Hold Harmless Encroachment Agreement
Upon preliminary staff approval of the Encroachment Permit Application forms, submittal of the Hold Harmless Encroachment Agreement is required. This document must be executed by the legal owner(s) of the property adjacent to the public right-of-way upon which the encroachment is planned to be installed. The names must be written and signed as they appear in the official records of the City, i.e., “William L. and Elizabeth W. Jones” – not “Bill and Liz Jones.” The applicant(s)’ signature(s) must be notarized.

Special attention should be paid to paragraph 3 of this Agreement and the insurance requirements set forth therein. If the application is approved, WORK MAY NOT BEGIN until the Certificate of Insurance is on file with the City Clerk’s Office.

IMPORTANT NOTICE

TO THE AGENT PROVIDING INSURANCE COVERAGE ON THE ADDITIONAL INSURED

POLICY FORM
When required to supply Liability Insurance, either in the amount of LQ FRPELQHG VLQJOH OLPLW LQVXUDQFH IRU SHUVRQDO LQMXU\ DQGRU SURSHUW\ GDPDJH SHU RFFXUHQFH DQG LQ DJJUHJDWH FDXVHG E\ RU GXH WR WKH SUHVHQW RI WKH HQFURDFKPHQW LQ WKH && 6& 5& DQG 5 GLVWULFWV OR LQ WKH 5 GLVWULFW it is imperative that the additional insurance coverage be in the form of an “endorsement” using the following language:

3. Notice Pursuant to Municipal Code § 12.08.110
“The City of Carmel-by-the-Sea, its elected officials, officers, agents and employees are additionally insured under the policy.”
Attachment 2
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CITY OF CARMEL-BY-THE-SEA

INFORMATION REGARDING IMPROVEMENTS IN THE PUBLIC

RIGHT-OF-WAY
NAME: _______________________________________________________________________________ MAILING ADDRESS: ___________________________________________________________________ TELEPHONE: (Business): ___________________ (Home or Cell): __________________________ (E-Mail Address):_____________________________________
EXACT LOCATION OF PROPOSED ENCROACHMENT(S): _____________________________________________ BLOCK: ___________________ Lot(s): ________________________ APN: _______________________ TYPE OF ENCROACHMENT(S): If there is more than one required (e.g. fence and steps), please list each separately.

Attach additional sheet(s) if necessary.

1. ____________________________________________________________________________________

2. ___________________________________________________________________________________

3. ___________________________________________________________________________________ DIMENSION(S) OF ENCROACHMENT(S): (Attach an 8 ½” x 11” site plan showing all existing and proposed improvements in the right-of-way.)

1. ___________________________________________________________________________________

2. ___________________________________________________________________________________

3. ___________________________________________________________________________________ TYPE OF MATERIAL TO BE USED FOR EACH ENCROACHMENT REQUESTED:

1. ___________________________________________________________________________________

2. ___________________________________________________________________________________

3. ___________________________________________________________________________________

4. Astound Broadband, LLC
215 Mason Circle, Concord, CA 94520
(925) 459-1038 (925) 532-5670
[email protected]
See Supplemental Page
O'lash 11,607' +/- of Existing Strand/Cable w/ (1) FOC
Place 11 New Anchors
Open Trench/Directional Bore 378' from Existing Utility Pole to New Vault AER Layout | Sheets 12-23
Anchor Details | Sheets 24-27
UG Layout | Sheet 4
Fiber Optical Cable (FOC) to be used for Overlash on Existing OSP Concrete Anchors to be used for Guying
2" HDPE Conduit to be used for Open Trench and Directional Bore Reinforced Concrete Box to be used for Proposed New Vaults Attachment 2
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WHEN RECORDED, MAIL TO:

CITY OF CARMEL-BY-THE-SEA
$771
(1&52$&+0(176
32 BOX CC
CARMEL-BY-THE-SEA, CA 93921
THIS SPACE FOR RECORDER’S USE ONLY

HOLD HARMLESS ENCROACHMENT AGREEMENT
AGREEMENT made this _________ day of _____________, 20___, between the CITY OF CARMEL-BY-THE-SEA, hereinafter called CITY, and ____________________________________, hereinafter called OWNER, with reference to the following facts:

OWNER is in possession of and owns certain real property in CITY known as Block ________, Lot(s) _________, Assessor’s Parcel No. ________________________ Zoning District _____, street location ________________________________________.

OWNER has requested from CITY permission to construct and maintain a structural encroachment on CITY street or sidewalk area adjacent to or near the property, described as follows:
______________________________________________________
__________________________________________________________________________________ _____________________________________________________________.

NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, agree as follows:

1. CITY grants permission to OWNER to construct and maintain a structural encroachment on CITY street or sidewalk area adjacent to or near OWNER’S property, as described above. Said permission is subject to the following conditions:
a. Execution of the Hold Harmless Agreement and compliance with the provisions of paragraph 3 below.
b. ________________________________________________________________ ____________________________________________

2. OWNER, his successors and assigns, agrees to name CITY an additional insured and to hold CITY harmless from any and all claims, actions and demands of third parties of any kind, character and description arising out of or due to any accident or mishap in, on , or about said structural encroachment so constructed or so maintained or any error or omission resulting in personal injury or property damage.

Attachment 2
6 3. OWNER, agrees to provide CITY and maintain a certificate of insurance from an insurance carrier acceptable to CITY certifying that OWNER has public liability and property damage insurance with limits of not less than $ combined single limit for personal injury and/or property damage for property located in the R-1 zoning district and limits of not less than $,000,000 for property located in all other zoning districts. The certificate must indicate this insurance is primary over any other valid or collectible insurance CITY may have, insures owner’s performance of this Hold Harmless Agreement and that the Carrier will notify CITY in the event of any material change in the policy, including the nonrenewal thereof. Said Certificate of Insurance must name CITY, its elected officials, officers, agents and employees as additional insured insofar as the insurance pertains to this encroachment. Owner further agrees to maintain said insurance as long as said encroachment remains on CITY property.

In the event of cancellation or nonrenewal, the insurance company will give thirty (30) days’ written notice to CITY. The Certificate must be signed by an authorized employee of the insurance carrier and mailed to: City Clerk, Carmelby-the-Sea, P.O. Box CC, Carmel-by-the-Sea, CA 93921.

4. CITY may terminate and revoke this Agreement at any time that it is determined by the City Council to be in the best interests of City and necessary to promote the public health, safety or welfare. Any expenses caused to OWNER, his successors or assigns, by termination of this Agreement shall be borne by OWNER, his successors or assigns.

5. The parties agree that this contract is for the direct benefit of the land in that it makes the property more usable and increases its value, as such, agree that the covenants herein shall run with the land, and the parties agree that the covenants shall bind the successors and assigns of OWNER.

OWNER(S):
________________________
________________________
CITY OF CARMEL-BY-THE-SEA:
_______________________________
By: &KLS5HULJ&LW\$GPLQLVWUDWRURU
'HVLJQHH
ATTEST:
_______________________________
%ULWW$YULW, City Clerk
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3ULQW1DPH

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Attachment 2
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ___________________________
On ______________________ before me, _____________________________________ Insert Name and Title of the Officer
personally appeared _______________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphs is true and correct.

WITNESS my hand and official seal.

Signature_______________________________ (Seal)
Attachment 2
Structure Leasing & Engineering, Inc.
8833 Monterey Road, Suite B
Gilroy, CA 92020
http://www.slegroup.net
TO: City of Carmel-by-the-Sea
Department of Community Planning & Building
PO Box CC, Carmel, CA 93921
(831) 620-2010 Office
March 24, 2023
RE: Submittal of Supplemental Application Page – Aerial and UG – Carmel-by-the-Sea To Whom It May Concern:

Enclosed is the Permanent Encroachment Permit Application we are submitting on behalf of Astound Broadband, LLC. This is a supplemental page to identify the Contractors and their Work Operations for this Project.

UG Contractor:

J. Moraga Construction
385 Grogan Avenue
Merced, CA 95341
P: (209) 388-9200
Cont. St. Lic#: 882920, Type A
Cont. City Lic#: 2764
Proposed UG Work:

Place (1) 2” HDPE Conduit by Open Trench and
Directional Bore at a Minimum Depth of 48”, 378’
from Existing Utility Pole to Proposed New Vault
along and crossing San Carlos Street through the
7th Avenue Intersection.

Aerial Contractor:

EDT TEC, Inc.
4398 Contractors Common
Livermore, CA 94551
P: (925) 245-9533
Cont. St. Lic#: 830873, Type A, B, C-7
Cont. City Lic#: On File
Proposed Aerial Work:

O’lash 11,607’ +/- of Existing Strand with (1) FOC
Aerially on Existing Utility Poles along Palou
Avenue, N Casanova Street, 8th Avenue, Ocean
Avenue, Carpenter Street, Torres Street and San
Carlos Street.

Please advise if there are any issues, corrections or redlines.

Sincerely,
Cory L Pacheco / Site Acquisition/CFO
(408) 767-8119 [email protected]
Attachment 2
1 ENCROACHMENT PERMIT #_______________

WAVE ASTOUND BROADBAND FIBER INSTALLATION PROJECT

SPECIAL CONDITIONS OF APPROVAL
January 22, 2024

The following Conditions of Approval of the Encroachment Permit were developed by the City, and reviewed and accepted by WAVE Astound Broadband (WAVE), to minimize impacts and inconvenience to the public while accommodating construction. All Conditions of Approval are subject to modification by the City to ensure the safety and welfare of the public, construction workers, and public and private property. References to the City mean the Director of Public Works Robert Harary, P.E., or his designee.

Administrative

1. Revocability: This permit shall be revocable by the City at any time. Encroachment permit actions may be appealed to the City Council by filing an appeal with the City Clerk within fifteen (15) days of the date of notification.

2. Hold Harmless Agreement: Prior to issuance of and encroachment permit a Hold Harmless Agreement will need to be completed and recorded.

3. Liability Insurance: WAVE will provide evidence of general liability insurance to the City with a minimum limit of $3 million per incident and $5 million in aggregate.

4. Performance Bond: WAVE will provide a performance bond to the City in the amount $100,000.

5. City Business License: Prior to conducting any work in the City right-of-way, all contractors, subcontractors, and consultants must obtain a City Business License.

6. Encroachment Permit: City acknowledges receipt of $19,306.75 deposit for this permit.

WAVE to submit the balance due of $5,848.16 for the Permit plus $50.00 to reimburse the City’s CEQA filing fee.

7. Fiscal Impact: In the event that staff becomes increasingly involved with oversight and inspection of this Project during construction, an agreement with WAVE will be deployed so that WAVE reimburses the City for any actual City labor costs and expenses incurred.

Attachment 3
2 Environmental

8. CEQA Documentation: The City finds that this Project is exempt from CEQA in accordance with Section 15303 (Class 3) of the CEQA Statutes for new construction and conversion of small structures. A Notice of Exemption will be filed by the City upon Project approval by the City Council.

9. Environmental Mitigation: The following measures are of particular concern to the City:
 Enclose or cover exposed stockpiles daily.
 Designate worker parking areas that minimize parking displacement along the Alignment in the downtown area
 Sweep all paved access roads no less than weekly or as requested by the City

10. BMP’s: All construction activities require adequate protection for any catch basin, drain inlet, ordrainage swale to prevent spills, sediment, or construction debris from entering the drainage system. Provide sediment filter bags at catch basins, place 2-bag high gravel berms for silt protection, and provide stockpile covers with sediment barrier. Provide secondary containment tray with sanitary facility.

11. Arborist Report: Report provided to the City is sufficient for the work being conducted.

This project does not have to be presented to the Forest and Beach Commission.

However, it is the responsibility of Astound to provide a City approved, Certified Arborist with line clearance certification for the duration of the Project.

12. Street Trees: No trees are to be removed under this Permit. A Certified Arborist shall be on site for the aerial cable installation and utility pruning. Minimal impact utility pruning shall meet ISA BMP’s and Standards. “No pruning will come remotely close to excessive pruning.” Arborist will consult with City Forester prior to pruning and to address treatment requirements, if any, See also Condition #39, Tree Protection Requirements.

13. Archeologist Monitoring: WAVE acknowledges that archeologically-sensitive zones exist in the vicinity of San Carlos Street and Eighth Avenue, and near the Casanova Street and Palou Avenue. WAVE will provide a qualified archeological monitor for any below groundwork in these areas. Monitoring shall be done by a City-approved consultant. If any archaeological finds are encountered, all excavating is to cease immediately and the City shall be so notified.

Public Notifications

14. City Council: This project would need to be presented to City Council at an upcoming meeting, date to be determined, plan on a 5 to 10-minute presentation.

15. Public Relations: Implement the following outreach program as a minimum during Attachment 3
3 construction:
 Provide a 24/7 WAVE Public Hotline Number
 Provide door hangers and notices to each property/business prior to working along the next street segment
 Place barricades at each road or lane closures identifying the Project name and including the WAVE hotline number
WAVE to keep the City’s Project Manager informed as to these public relations activities.

City will support such efforts in good faith.

16. Emergency Access: Maintain access for emergency vehicles at all times.

17. Emergency Response Notifications: Contractor shall notify Police and Fire (831) 646-3914, and ambulance service providers atleast 48 hours in advance asto proposed road or lane closures, and detours. Also, provide schedule updates.

18. Road/Lane Closure Notifications: Notify postal carrier, MST, Green Waste, and affected residences and businesses at least 48 hours in advance as to proposed road/lane closures.

Also, provide schedule updates.

19. Ingress, Egress, andParking Impacts: Notify, coordinate, and resolve access,ingress, egress, special needs (disabilities), and parking Issues with all private property owners/tenants and businesses along the alignment.

Utilities and Private Improvements

20. Potholing for Utilities: Call Underground Service Alert, at 811, before you dig.

21. Damage to Existing Facilities: Promptly make repairs to the public right-of-way or underground utilities that are damaged by the work authorized by this Permit. Damage to City streets outside of the alignment caused by construction operationsshall also be repaired to pre-constructionconditions. Theserepairsshallbetothe satisfaction oftheCity.

Damagetothird party utilitiesshall be repaired asrequired bythe applicable utility.

22. Private Improvements: Restore, repair, or replace private property improvements damaged by construction operations to pre-construction conditions as commercially practical and to the private property owner's satisfaction. In the event the private property owner is not satisfied with the restoration or repair of damaged improvements, WAVE’s Project Manager, and/or other such representative,shall meetwith the property owner to resolve the issue. The City may be asked to assist in the resolution of private improvement repair matters, but the City shall not be responsible for such repairs.

General Construction Requirements
Attachment 3
4 23. Traffic Control Plans: Traffic Control Plans for the Project have been submitted by WAVE and approved by the City. Additional or modifications to approved Traffic Control Plans must also be approved by the City prior to implementation along the affected street segment. Provide safe provisionsfor pedestrians and bicycles around construction zones.

24. Preconstruction Video: Prior to boring along San Carlos Street, provide City with an indexed, preconstruction video of existing surface Improvements shown from both directions of travel, of acceptable clarity and quality to the City.

25. Project Schedule: Provide City with a Master Project Schedule prior to construction, and updated Master Project Schedule(s) weekly or upon request by the City.

26. Staging Areas: Provide to the City legal evidence of the use of any staging areas located within City limits.

27. Parking Notices: Provide a minimum of 72-hour advance notices for no-parking zones every 25 feet in each direction affected. Parking notices will indicate the start date and anticipated duration of work within the affected area. Please do not be overly conservative as to the duration/completion of work on the signs.

28. Construction Work Hours: All work is to be completed between the hours of 8:00 AM – 5:00 PM, Monday through Friday. If after hours, weekend, or holiday work is requested, prior authorization must be granted by the City.

29. Construction Inspection: Day-to-day oversite of construction operations, including subcontractors, shall be performed by WAVE’s Construction Manager. City’s inspections are intended for Quality Assurance purposes.

30. Security: Permittee shall be exclusively responsible for the security of its property and any use thereof.

31. Cutting Street Surfaces: All pavement, concrete, and asphalt sidewalks, curbs, gutters, medians, and berms will besawcutwith smooth straight edges. The City shall field verify saw cut limits prior to saw cutting.

32. Clean-up of Right-of-Way: Upon completion of work along a streetsegment, all materials, equipment, traffic control devices, BMPs, and debris shall be entirely removed, and the right-of-way shall be left in a clean condition satisfactory to the City.

33. Concrete Washout Locations: Washout locationsmust be pre-approved by the City.

Attachment 3
5 34. Final Inspection: Prior to release of the Permit, all surface improvement work must be completed and approved by the City.

35. Guy Wire Special Conditions:
 Detail A (8th and San Carlos) - Add Queen's Post to allow the anchor to be shifted south near perpendicular to the parking tee, this will allow sufficient clearance for doors and trunk access.
 Detail E (Ocean and Forest) – Guy Wire is not permitted in location shown on plans. Three acceptable options are listed below in order of preference.

Contractor to provide revised alternative to City prior to construction. o Use pole to pole tension mounting extending east two poles o Move location of guy wire to pole west of intersection of Ocean and Forest o Move location of guy wire two poles east of current designated location.

Technical Requirements

36. Striping & Signage: Existing signs, striping, pavement legends, markings, markers, crosswalk striping, painted curbs, and parking tees damaged by the Project will be restored to City standards and as directed by the City.

37. Restoration of Pits Submittals and Testing Lab: Provide shop drawings and submittals for boring pit layouts, backfill, aggregate base, and concrete surface material along San Carlos Street. Bedding, trench backfill, and Class 2 Aggregate Base shall be compacted to 95% minimum relative compaction. WAVE shall retain an independent testing laboratory to field-verify proper compaction. For the boring operations, City requests copies of inspection reports and material testing results performed by the independent laboratory.

38. Pavement Restoration:
a. Incomplete Street Openings (Barriers and Steel Plates): Where boring openings cannot be backfilled during the day of opening, suitable barriers shall be placed around the excavation pit to prevent accidents, and lighted barricades shall be continuously maintained at the opening site. Alternatively, steel plates may be placed over the trench with temporary cold mix ramps along each edge.

b. Final Surface Restoration: Iron/valve cans, vaults, and manhole lids shall be raised to finish grade within five (5) business days of concrete surfacing.

39. Tree Protection Requirements: Per Carmel-by-the-Sea Municipal Code Section 12.28.340, for safeguarding of trees during construction, the following conditions shall apply to all trees:

Attachment 3
6 a. Prior to the commencement of construction, all significant trees located within 15 feet of the alignment shall be inventoried by WAVE’s arborist as to size, species, and location, and the inventory shall be submitted to the City. - COMPLETED b. Damage to any tree during construction shall be immediately reported by a person causing the damage, or the responsible subcontractor to the Director of Public Works, and the Contractor shall treat the tree for damage in the manner specified by the City Forester.
c. Oil, gasoline, chemicals and other construction materials shall not be stored within the drip line of any tree.
d. Wires, signs and other similar items shall not be attached to trees. f. Cutting and filling around the base of trees shall be done only after consultation with the City Forester.
g. No paint thinner, paint, plaster or other liquid or solid excess or waste construction materials or wastewater shall be dumped on the ground or into any grate between the dripline and the base of the tree, or uphill from any tree where such substance might reach the roots through a leaching process.
h. The Contractor shall be required to erect protective barricades around all trees along the building site. These barricades must be in place prior to the start of any construction activities.
i. Wherever cuts are made in the ground near the roots of trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots. j. Trimming cuts shall conform to arboricultural standards and shall be made along the branch bark ridge.
k. Earth surfaces within the drip line of any tree shall not be changed or compacted. All equipment, material, and soil storage shall be kept beyond the drip line of trees. l. Hand digging (and/or hydro vacuum) is required within ten (10) feet of trees. m. Failure to protect or maintain trees on construction sites is a violation of the Municipal Code and grounds for suspension of the permit. (Ord. 91-4 §§ 1 – 7, 1991; Ord. 84-6 § 1, 1984; Ord. 83-25 § 1(G), 1983; Ord. 81-4 § 12, 1981; Code 1975 § 1237).

Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 6, 2024

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

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 009-423-001-000
RECOMMENDATION:

Accept the recommendation of the Historic Resources Board and approve the Mills Act Historical Property Contract MA 23-116 (Esperanza Carmel, LLC) for the historic "Mrs. Clinton Walker House” located at 26336 Scenic Road (APN 009-423-001-000) and authorize the City Administrator to execute the contract (Attachment 1).

BACKGROUND/SUMMARY:

The property is at 26336 Scenic Road in the Single-Family Residential (R-1) District (Attachment 1, Exhibit A). The existing residence is known as the “Mrs. Clinton Walker House” and is also referred to as “Cabin on the Rocks.” The low, one-story, concrete, and Carmel stone building is situated on a granite outcropping projecting into Carmel Bay. The residence was designed by world-renowned architect Frank Lloyd Wright in 1948 and was constructed by Miles Bain and Walter Olds in 1951-1952 for the original owner, Mrs. Della Clinton Walker.

A Department of Parks and Recreation (DPR) Form 523 was completed for the “Mrs. Clinton Walker House” in 2001 by Richard N. Janick (Attachment 1, Exhibit B), and the property was added to the Carmel Historic Inventory on May 25, 2005. A Resolution Designating a Historic Resource for APN 009- 423-001-000 was recorded with the Monterey County Recorder on January 4, 2007 (Document #2007001115).

In order to qualify for a Mills Act contract, a property must first be included on the Carmel Historic Inventory and then added to the Carmel Register of Historic Resources. As noted above, the property was added to the Carmel Inventory in 2005. The property was also listed on the National Register (reference #16000634) and the California Register on September 19, 2016. CMC Section 17.32.090.A.1 states, “Resources identified as significant at a State or national level in the inventory shall be automatically listed in the register.” The resource was automatically added to the Carmel Register on September 19, 2016.

On May 28, 2019, then-property owner Charles Henderson, et. al. submitted an application for a Mills Act Historical Property Contract. The Historic Resources Board recommended approval of the contract on June 17, 2019, and on December 8, 2020, the City Council voted to enter into a Mills Act Historical Property Contract with the property owner. However, before the contract was signed and recorded with the County of Monterey, the property owner withdrew the application.

The property was sold to Esperanza Carmel, LLC, on February 17, 2023. On April 20, 2023, Christopher Mitchell, Managing Director of Esperanza Carmel, LLC, submitted a Mills Act application (MA 23-116) on behalf of the current property owner. On August 21, 2023, the Historic Resources Board adopted Resolution 2023-011-HRB (Attachment 2), recommending that the City Council enter into a Mills Act Contract with Esperanza Carmel, LLC for the historic “Mrs. Clinton Walker House.” On October 3, 2023, the City Council considered the Mills Act contract application and continued the item with direction to the applicant to provide additional information on the estimated property tax reduction. A Monterey County Assessor’s office staff member attended the meeting virtually to answer the Council's questions regarding Mills Act property values but could not provide a preliminary calculation of the tax reduction.

On December 5, 2023, the City Council again discussed the Mills Act contract application and whether the contract represents an equitable balance of public and private interests. For example, the prior ownership volunteered to make the home available for public tours 1-2 times per year, and under the new ownership, a public tour was not offered in 2023.

Another example was the impact a reduction in property taxes would have on local school revenue and whether this constituted a “substantial adverse financial impact on the City” since children in Carmel attend these schools. The Council considered whether direct payments from the property owner to the school district to offset the lost revenue was a viable option.

Finally, the Council discussed the potential tax savings to the property owner being higher than the amount estimated to be spent under the rehabilitation/restoration and maintenance plan.

Staff met with the applicant following the December City Council meeting and discussed the topic of required public tours, equalizing the cost of maintenance with the total tax reduction, and direct payments to the school district. The applicant stated that they are not interested in formalizing either of these requirements in a contract at this time. The applicant also expressed concerns about additional requirements being asked of them that have not been equally applied to other Mills Act contract applicants.

The Council discussed the estimated property taxes being $220,000 per year based on the property's $22 million sales value in February 2023. Staff notes that the property tax increased from $7,544 in 2021/2022 to $73,446 in 2023/2024 and has not yet been adjusted based on the recent sale of the property.

The Council assumed a 70% reduction in property taxes under the Mills Act contract, which would result in a savings of $154,000 annually to the property owner, or $1.54 million over ten years. The rehabilitation/restoration and maintenance plan includes an estimated $1.34 million in rehabilitation/restoration and maintenance work over a 10-year period between 2024 and 2034. The applicant notes that this does not include any costs associated with sea wall repairs to protect access to the residence from potential bluff failure.

According to the Office of Historic Preservation, applicants may realize substantial property tax savings between 40% and 60% of recently purchased properties. If the City assumed a 50% reduction in property taxes, the estimated 10-year savings would be $1.1 million.

Staff notes the prior Mills Act contract applications were not evaluated based on a 1-1 ratio of tax savings to rehabilitation/restoration and maintenance but rather based on whether the proposed 10-year plan included maintenance and rehabilitation more significant than just routine maintenance that would be expected for any property.

Contract Value
The Monterey County Assessor’s Office is responsible for determining the value of a property with a Mills Act contract in accordance with Revenue and Taxation Code sections 439 through 439.4. Properties with a Mills Act contract are not valued based on sales data but by a prescribed income capitalization method (Attachment 3). After the local jurisdiction approves a contract, it is forwarded to the Monterey County Assessor, who determines the Mills Act value.

Contract Summary
A Mills Act contract under State law is an agreement between the City of Carmel and a property owner of a historic building listed on the Carmel Register. In exchange for reduced property taxes, the property owner is contractually obligated to perform restoration, rehabilitation, and necessary maintenance to preserve and protect the historic resource in accordance with an approved rehabilitation/restoration and maintenance plan prepared or reviewed by a qualified professional. The property owner benefits from a reduction in property taxes. The City and the public benefit from assurance, via contractual obligation, that the historic building is preserved with a portion of the property taxes that the city is giving up.

The primary purpose for offering Mills Act contracts to owners of historic properties in the City of Carmelby-the-Sea is to incentivize the rehabilitation/restoration and long-term maintenance of historic resources.

Historically designated properties may qualify for a Mills Act Contract if, the original historic size of the building has not been expanded by more than 15 percent, among other requirements. For example, the Duckworth Cottage, The Doll House (aka Hansel and Gretel), and the Alfonso Ramirez Cabin (refer to Attachment 4) would not qualify for a Mills Act contract because all have additions that exceed 15 percent of the historic building size.

All Mills Act contracts have a minimum term of 10 years, and one year is added to this term annually upon each anniversary date of the contract unless one or both parties (City and/or property owner) have taken action to terminate the contract. The City Administrator is authorized to initiate contract termination on behalf of the City based on recommendations of the Community Planning & Building Department.

The contract rights and obligations are binding upon all successive property owners during the life of the contract. This means the property retains the Mills Act Contract tax rate when sold.

To end a contract, either party may submit a notice of non-renewal to the other party. Such notices shall cause the contract to terminate at the end of the then-current 10-year contract period. Cancellation of a contract by the City due to non-compliance requires a public hearing and, if canceled, results in the immediate termination of the contract and a penalty equal to 12.5 percent of the assessed market value of the property.

The contract requires that the historical elements of the property are maintained in good condition. This includes a plan for rehabilitation/restoration and maintenance. All recipients of Mills Act contracts are required to implement a rehabilitation/restoration and maintenance plan prepared or reviewed by a qualified professional.

An annual report is submitted to the Community Planning & Building Department, itemizing all work that has been done to maintain and preserve the historic resource over the year in compliance with the approved rehabilitation/restoration and maintenance plan. All rehabilitation/restoration and maintenance work must be completed in conformance with the Secretary of Interior’s Standards for Rehabilitation, and all proposed projects are subject to a Design Study review prior to commencement of the work. Minor alterations, as defined in CMC section 17.32.150, may be approved by staff; however, major alterations, as defined in CMC section 17.32.160 would be reviewed by a qualified professional and approved by the Historic Resources Board.

The Historic Resources Board also evaluates all applications for a Mills Act contract and recommends that the City Council approve, approve with conditions, or deny the application.

The City Council considers the recommendations from the Historic Resources Board at a public hearing and approves, approves with conditions, or denies the contract. All applications for a Mills Act contract must be submitted no later than June 30th each year to ensure sufficient time to review contracts before December 31
st
.

STAFF ANALYSIS
Findings
Carmel Municipal Code Section 17.32.100.B.6(c) sets forth five findings that the Historic Resources Board and City Council shall make in order to grant approval of a Mills Act Contract. The required findings are listed below, followed by a staff response on how the application meets the requirements.

1. The building is designated as a historic resource by the City and is listed on the Carmel Register.

Staff Response: A DPR 523 form was prepared by Richard N. Janick in 2001 (Attachment 1, Exhibit B), evaluating the property for historical significance and finding the property meets the criteria for listing as a local historic resource. The City added the property to the Carmel Inventory on May 25, 2005. A Resolution Designating a Historic Resource for APN 009-423-001-000 was recorded with the Monterey County Recorder on January 4, 2007 (Document #2007001115). The property was also listed on the National Register (reference #16000634) and the California Register on September 19, 2016. CMC Section

17.32.090.A.1 states, “Resources identified as significant at a State or national level in the inventory shall be automatically listed in the register.” The resource was, therefore, automatically added to the Carmel Register. The application meets finding no. 1.

2. The proposed rehabilitation/restoration and maintenance plan is appropriate in scope and sufficient in detail to guide long-term rehabilitation/restoration and maintenance. Required maintenance and rehabilitation should be more significant than just routine maintenance that would be expected for any property.

Staff Response: The applicant submitted a rehabilitation/restoration and maintenance plan (Attachment 1, Exhibit C). The plan covers a period of 10 years from 2024-2033 and estimates $1,343,654 in work projects. The plan was prepared by Christopher Barlow, Architect (and qualified professional), on behalf of the applicant. The plan includes routine maintenance (such as exterior painting) as well as more substantial repairs, including replacing the roof, electrical and plumbing upgrades, window rehabilitation and replacement (if deteriorated beyond repair), and replacing the interior boiler. All rehabilitation/restoration and maintenance work will be performed in conformance with the Secretary of Interior’s Standards. All exterior work is subject to Design Study approval and a determination of consistency with the Secretary of the Interior's Standards. The application meets finding no. 2.

3. Alterations to the historic resource have been in the past and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards (future additions only); and (B) Do not significantly alter, damage, or diminish any primary elevation or characterdefining feature; and (C) Do not increase the floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource; and (D) Do not result in any second-story addition to a single-story historic resource.

Staff Response: Past exterior rehabilitation has not significantly altered, damaged, or diminished any primary elevation or character-defining feature or resulted in a second-story addition. An addition constructed in 1960-1961 by Sandy Walker, AIA, was based on a design by Frank Lloyd Wright and is considered part of the historic fabric of the resource. As noted above, planned rehabilitation/restoration and maintenance work will be performed in conformance with the Secretary of Interior’s Standards. Any future alterations are required to be consistent with conditions A-D above. Minor alterations, as defined in CMC section 17.32.150, may be approved by staff; however, major alterations, as defined in CMC section

17.32.160, would be evaluated by a qualified professional and reviewed by the Historic Resources Board.

The application meets finding no. 3.

4. The Mills Act contract will aid in offsetting the costs of rehabilitating and maintaining the historic resource.

Staff Response: Approval of the Mills Act contract would aid in offsetting the rehabilitation and maintenance costs of preserving the “Mrs. Clinton Walker House” by reducing the tax liability on the property, thereby freeing up funds for rehabilitation. Within the first few years of the contract, the applicant proposes to complete electrical and plumbing upgrades, boiler replacement, window repair (where possible) and in-kind replacement (where deteriorated beyond repair), and façade brickwork maintenance. The application meets finding no. 4.

5. Approval of the Mills Act contract will represent an equitable balance of public and private interests and will not result in substantial adverse financial impact on the City.

Staff Response: Approval of the Mills Act Contract is consistent with Goal 1-5 and Objective 1-16 of the Land Use & Community Character Element of the General Plan which encourages providing incentives for property owners to preserve and rehabilitate historic resources. Although approving a Mills Act Contract will decrease property tax revenue to the City, the contract represents an equitable balance of public and private interests:
1) The City Council adopted Resolution 2016-068 on September 13, 2016, limiting the number of Mills Act contracts that can be approved to fifteen (15) in any three-year calendar period. During the three-year period of 2021-2023, six applications were approved. An additional three applications remain under review.

No new applications are being accepted at this time.
2) Carmel currently has approximately 292 historic resources. Since adopting the Mills Act program in 2004, the City has entered into a total of fifteen Mills Act Contracts. Three Contracts have completed their ten-year maintenance plans and will be issued nonrenewal notices. A fourth contract will complete their tenyear plan at the end of 2024. 3) The City will continue to receive a portion of the property tax revenue (which has increased following the February 2023 sale of the property from approximately $7,500/year to $73,500/year). As of the writing of this report, the sale value of the property is not reflected in the most current tax bill. 4) The investment in rehabilitation/restoration and maintenance of the historic Cabin on the Rocks, a home designed by world-renowned architect Frank Lloyd Wright, supports local tourism, which benefits private and public interests.
5) The value of preserving a historic resource is a long-term investment that offsets a temporary loss in property tax revenue.

FISCAL IMPACT:

The City’s property tax revenue from 26336 Scenic Road will be reduced for the contract term. The amount is unknown at this time. According to the Office of Historic Preservation, Technical Assistance Bulletin #12, Mills Act Property Tax Abatement Program, the Program is especially beneficial for recent buyers of historic properties. Participants may realize property tax savings between 40 percent and 60 percent each year. Because rental values vary from area to area, property savings will vary from county to county. It is important to note that County Assessors are required to assess all Mills Act contract properties annually.

Participants may see a fluctuation in property taxes each year.

PRIOR CITY COUNCIL ACTION:

On December 8, 2020, the City Council voted to enter into a Mills Act Historical Property Contract with the then-property owner. However, before the contract was signed and recorded with the County of Monterey, the property owner withdrew the application.

On March 3, 2020, the City Council adopted standard contract language for Mills Act Contracts.

On April 4, 2023, the City Council reviewed the City’s Mills Act Policy and opted not to make any changes.

On December 5, 2023, the City Council adopted Urgency Ordinance 2023-008, stating that the City will not accept or process any applications for Mills Act Contracts except those already in review until the Urgency Ordinance is rescinded.

ATTACHMENTS:

Attachment 1) Mills Act Contract
Attachment 2) Resolution 2023-011-HRB
Attachment 3) Guidelines for the Assessment of Enforceably Restricted Historical Property Attachment 4) DPR 523A Forms for Duckworth Cottage, Hansel & Gretel, Alfonso Ramirez Cabin Attachment 5) Technical Assistance Bulletin #12, Mills Act OAK #4831-0417-0411 v2

RECORDING REQUESTED BY

CITY OF CARMEL-BY-THE-SEA

AND WHEN RECORDED MAIL TO

Carmel City Hall
Attn: Community Planning & Building
P.O. Box CC
Carmel-By-The-Sea, CA 93921 This space is reserved for the Recorder’s use only

CITY OF CARMEL-BY-THE-SEA

MILLS ACT HISTORIC PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered by and between the CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as “City”), and ESPERANZA CARMEL, LLC (hereinafter referred to as “Owner”) on February 6, 2024.

RECITALS
(i) California Government Code Section 50280, et seq. (known as the Mills Act) authorizes cities to enter into contracts with the owners of qualified historic properties to provide for their appropriate use, maintenance, and restoration such that these historic properties retain their historic characteristics;
(ii) The Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at 26336 Scenic Road (APN:
009-423-001), Carmel-By-The-Sea, California, (hereinafter referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as “Exhibit A” and is incorporated herein by reference;
(iii) The property is identified as a historic resource on the City of Carmel-by-the-Sea Historic Inventory and Register of Historic Resources and is further described in the DPR 523A Form attached hereto, marked as “Exhibit B” and is incorporated herein by reference; (iv) City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property, as it exists at the date of this contract and as described in the City’s Register of Historic Resources and the National Register of Historic Places, and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

Attachment 1
OAK #4831-0417-0411 v2
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions contained herein, do hereby agree as follows:

1. INCORPORATION OF RECITALS. All recitals are incorporated into this Agreement.

2. EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on the date the Agreement is signed by the City, unless otherwise indicated by the County of Monterey, and shall remain in effect for a minimum term of ten (10) years thereafter.

3. AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this Agreement (hereinafter referred to as “annual renewal date”), one (1) year shall be added automatically to the term of this Agreement, unless timely notice of nonrenewal is given as provided in paragraph 4 of this Agreement. The total length of the contract shall not exceed twenty (20) years.

4. NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this Agreement, that party shall serve written notice of nonrenewal in advance of the annual renewal date of this Agreement as follows: Owner must serve written notice of nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.

If notice is not received, the Agreement shall automatically be renewed for another year.

Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. At any time prior to the annual renewal date, City may withdraw its notice of nonrenewal.

5. EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely notice of nonrenewal in any year, and this contract is not renewed, this Agreement shall remain in effect for the balance of the period remaining since the original execution or the last annual renewal date.

6. FEES. The City may require that the Owner(s) of the Historic Property pay a fee that shall not exceed the reasonable cost of providing services, such as inspections, pursuant to Government Code Section 50281.1 (Article 12 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code), for which the fee is charged.

7. VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to seek assessment of valuation of the Historic Property pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

8. PRESERVATION OF PROPERTY. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property and agrees to complete rehabilitation and/or maintenance activities as defined in the Rehabilitation/Restoration and Maintenance Plan attached as “Exhibit C”. Requests for revisions to the Maintenance and Attachment 1
OAK #4831-0417-0411 v2
Rehabilitation plan shall be reviewed by the Historic Resources Board prior to implementation. In addition, Owner shall comply with the terms of the City’s Historic Preservation Ordinance (CMC 17.32). Owners shall not be permitted to further impede any view corridor with any new structure, including but not limited to walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-ofway.

9. RESTORATION OF PROPERTY. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, U. S. Secretary of the Interior’s Standards for Rehabilitation, the State Historical Building Code, and the City of Carmel-by-the-Sea, all as amended.

10. INSPECTIONS. Owner shall allow periodic examinations, at least every five (5) years, with reasonable notice thereof, of the interior and exterior of the Historic Property by representatives of the County of Monterey Assessor and the City of Carmel-By-The-Sea as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. The City will coordinate inspections by such other agencies that have jurisdiction and will keep them to the minimum necessary to determinate such compliance.

11. PROVISION OF INFORMATION. Owner shall furnish City with any and all information required by City, in order to determine the eligibility of the Historic Property, and that City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement.

12. ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each annual renewal date (October 1st) to the Department of Planning and Building specifying all work that has been done to maintain and preserve the historic resource over the preceding year in compliance with the approved maintenance plan.

13. CANCELLATION. The City has the right to cancel the contract if the owner allows the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The City also has the right to cancel this contract if the owner(s) breaches the provisions of paragraph’s # 8, 9, 10 or 12 of this Agreement after the City has provided reasonable notice of any failure to comply with the agreement, and a public hearing. Notice of the hearing shall be mailed to the last known address of each owner of the property, with the notice conforming to the provisions of Government Code section 6061., If after notice and a hearing, the contract is cancelled, termination of the Agreement is immediate, and the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the Monterey County Assessor as though the property were free of the contractual restriction. The cancellation fee shall be paid to the Assessor, at the time and in the manner that the Assessor shall prescribe. City’s right to cancel this Agreement pursuant to this paragraph Attachment 1
OAK #4831-0417-0411 v2
shall in no way limit or restrict its rights or legal remedies arising from City’s Historic Preservation Ordinance and Municipal Code.

14. ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement.

15. WAIVER. City does not waive any claim or default by Owner if City does not enforce or cancel this Agreement. All remedies at law or in equity, which are not otherwise provided for this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

16. BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to the covenants, reservations and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who executed the Agreement.

Each and every contract, deed or other instrument hereinafter executed, governing or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historic characteristics and significance of the Historic Property for the benefit of the public and Owner.

17. NOTICE. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below, by personal delivery or United States mail, postage prepaid, addressed as follows:

City: Carmel-By-The-Sea
Community Planning & Building Department
Attn: Community Planning & Building Director
P.O. Box CC
Carmel-By-The-Sea, CA 93921
Attachment 1
OAK #4831-0417-0411 v2
Owner: Esperanza Carmel, LLC
PO Box 134
Carmel, CA, 93921
Notice to successors in interest to either party shall be sent to the appropriate address.

In the case of future Owner(s) of the Historic Property, notice shall be sent to the address on file with the county property tax office in power at the time.

18. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Monterey. From and after the time of the recordation, this Agreement shall impart a notice thereof to all persons as is afforded under state law.

19. STATE LAW. The Owner or agent of Owner shall provide written notice of this Agreement to the State Office of Historic Preservation within six (6) months of the date of this Agreement.

20. GOVERNING LAW; VENUE. This Agreement shall be constructed and governed in accordance with the laws of the State of California. Should either party to this agreement bring legal action against the other, the case shall be handled in Monterey County, California and the party prevailing in such action shall be entitled to a reasonable attorney fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment together with all costs.

21. AMENDMENTS. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.

22. DESTRUCTION OF PROPERTY; EMINENT DOMAIN; CANCELLATION. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be preplaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled.

No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this paragraph. Such Agreement shall be null and void for all purposes of determining the value of the property so acquired.

23. INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any Attachment 1
OAK #4831-0417-0411 v2
federal, state or local government agency, arising out of or incident to the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner’s activities in connection with the Historic Property; and (iii) any restriction on the use of development of the Historic Property, from application or enforcement of the City’s Municipal Code, or from the enforcement of this Agreement.

This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of the City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

24. SEVERABILITY. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.

IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year written above.

CITY OF CARMEL-BY-THE-SEA:

By: _______________________ Date: __________________
Name: Richard L. Rerig (“Chip”)
Title: City Administrator

PROPERTY OWNER(S):

By: __________________________ Date: ___________________ Name: Christopher Mitchell on behalf of Esperanza Carmel, LLC Title: Managing Director
Attachment 1
OAK #4831-0417-0411 v2

EXHIBIT A

LEGAL DESCRIPTION

EXHIBIT B
DPR 523A FORM

EXHIBIT C

REHABILITATION/RESTORATION AND MAINTENANCE PLAN
Attachment 1
All of Block “B-18”, as show on that certain map of Addition No. 7 Carmel-by-the-Sea, in the City of Carmel-by-the-Sea, County of Monterey, State of California, filed for record May 4, 1910 in the Office of the County Recorder of said county in Volume 2 of Maps, “Cities and Towns”, at page 24; Also that certain strip of land lying between said block “B-18” and the shore line of the Pacific Ocean and bounded on its easterly end by a line running N. 20 a 17’ W., from the most easterly point of said Block “B-18”; and bounded on its westerly end by the common line between lots 16 and 18 in Block “B-16”, as show on said map, projected northerly to the shore line of the Pacific Ocean.

Attachment 1
P1. Other ldentHler:. __ C_a_b_i_n _________________ .....,.. _____________ _ •P2. Location: D Not for Publication • Unrestricted •a. County _M_o_n_t_e_r_e_.y ___________ _ and (P2b and P2c or P2d. Attach a Location Map as necessary.) •b. USGS7.5'0uad __________ Date __ T~ R~ _¼of _¼of Sec_; ___ B.M. c. Address N. S. Santa Lucia bet. Martin Way & BaV. City Carmel By The Sea Zip 93921 d. UTM: (Give more than one for large and/or linear resources) Zone~ _____ mE/ _____ mN e. Other Locational Data: (e.g., parcel#, directions to resource: elevation, etc., as appropriate) Monterey County Assessor's Parcel #9-423-1 (Block B, Lot 18) •P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) See Continuation Sheet.
•P3b. Resource Attributes: (List attributes and codes) HP-2 Single Family Residence •P4. Rl'' · tn:: t: 1:c "di, =F<, --:x,ject • SHe D
.,. - 1 of District • Other (Isolates, etc.)
,PSb. Description of Photo:.(View,
daJe, a~ssicm #J West Facade
8/14/01 1tl857-1B
•P&. Date Constructed/Age and
Sources: • Historic
f!Jsi~!t~ri~'The ~8:nn on
the Rocks 11 (1994)
•P1. Owner and Addreaa:

H~ndersaa Eawi J y Trnst 77 New Place Road
Hillsborough, CA 94010
•PS. Recorded by: (Name,
,affiliation, and address)" ·· Richard N. Jani-c~k---
MART
•P9, Date Recorded: 7 /20/01
•P10. Survey Type: (Describe)
Carmel HRI
2001
•i,1. Re_pqrt ~it;itiq_n,: (Cite s~rvey repot,t ;ind other ~qrces, or enter "none.'),. ~C.-~~-,,~ -- -_,__:_:~~ --,-:•,~~=·~~--- - __ . _, · _ _ - _ _ , ___ . -- · - _ ____ . - Carmel By-Tne-Sea Survey J 989 J 996 • Attachments: NONE • Location Map • Sketch Map • Continuation Sheet • Building, Structure, and Object Record • Archaeological Record • District Record • Linear Feature Record • Milling Station Record • Rock Art Record • Artifact Record • Photograph Record D Other (List) ________________________ _ DPR 523A (1195) •Required Information
Attachment 1
Page _I_ of -2_ "1\lRHP Status Code ____ 3=S------~------ •Resource Name or# (Assigned by recorder) Mrs. Clinton Walker House

81. Historic Name: Mrs. Clinton Walker House

82. Common Name:_-:--.,,,:--""':"":=--=---,--,---------------:-:-----::------------- B3. Original Use: Single Family Residence B4. Present use:_V.,;;,.a..;;_c.,;;,.a....ct..;;;i....co...;;.n'--H""'o""'u'"'s""'e'--_________ _ •es. .t\rchltectural Style: Frank Lloyd Wright - Organic Architecture QBG. Coilstructlon History: (Constructton date, alterations. and date of alterations) See Continuation Sheet.
•a1. Mov~? IINo • Y~lll • UnlmolAm Ost~: ___ _ Original Location: _____________ _ 0 88. RelEiied Fealu~~:

1. The stone work was done by the DeMaria Bros. and was Mrs. Walker's contribution to the design when the"Desert Masonry" proved ineffective. 2. A kitchen door was also fabricated by Mrs. Walker's insistance against Wright's plan~ BSa. Architect Frank Llovd Wright b. Builder: ____ .,.,M,...i_l_e_s_B--=a=-i_n_(-'--,L..,..o... c_a_l~)_a_n_d_ "810. Slgr.tflc11nce: "fh~me "Organic Architecture" Am~ _______ W_a_l_t_e_r_· _O_l_d_s_-'-(B_a.....a:,.y_A_r_e_a..c.)_ Period oI Significance Post WW II ProP®rty Type1_S..;..._F.;... R-"-. _____ Applicable Criteria CR3 (Discuss importance in tenns of historical or architectural conteict as defined by theme, period, arni geographic scope. Also address integrity.) See Continuation Sheet.
811. Additional Resource Attributes: (List attributes and codes) HP-2 Single Family Residence "B12. Aef~rences:

See Continuation Sheet.

B 13. Remarks:

Zoning R-1
*B14. Evaluator: Richard N. Janick, MARI
0 Date of Evaluation: Carmel HRI, Summer 2001
(This space reserved for official comments.)
DPR 523B (1/95) •Required information
Attachment 1
Primary 1# State of California - The Resources Agency

DEPARTMENT OF PARKS ANO RECREATION
HAI# ______________ _
CONTINUATION SHEET Trtnomial
•Resource Name or# (Assigned by recorder) rs. Clinton Walker Honse Page_of_ •Recorded by
Richard N. Janick •OateSumrner 2001 • Continuation • Update P3a. Description:

A low one-story concrete and "Carmel Stone" house that projects out on a granite outcropping into Carmel Bay. The plan features a hexagonal living room covered by a hexagonal low hipped roof sheathed in weathered copper. The gabled roof bedroom wing extends into a hipped roof carport that features an open window to a Thomas Church-landscaped garden and the ocean. The waves of Carmel Bay break against a triangular ship-like prow of concrete and "Carmel Stone" forming a terrace beyond the panoramic glazed living room. Inverse stepped windows framed in Cherokee-red painted steel enclose and surround the living room. The bedroom wing features a loggia of redwood French doors that open out into the garden and diagonal redwood screens that shield the wind. The master bedroom, the stud10· addition of 1960-61, features a fireplace and extends at an angle opposite the carport giving the plan a footprint of a "fish" form when seen from above. The stepped in window treatment is used in the master bedroom and two smaller guest bedrooms.

A glass and steel screen shields a private patio off the master bedroom accessible through redwood and glass French doors. A long redwood fence and overgrown cypress trees shield the property from Scenic Road and a trapezoidal shaped redwood gate extends from the fence to a concrete and "Carmel Stone" triangular support post that originally contained a circular planter filled with blue-green tinted glass spheres illuminated by recessed lighting. The house sits on a concrete slab foundation and red-tinted concrete floor inscribed by hexagonal patterns and containing copper tubes for radiant heating. From the west, the terrace and living room form a distinct ship cutting through the waves. From the east, the terrace disappears and the long-low roof line and ribboned windows of the guest bedrooms form a natural extension of the rock outcrop that anchors the house to the site.

B6. Construction History:

1. First Rendering and Plans - 1948 - Carport facing southwest copper roof.

2. Revised Rendering and Plans - 1949 - Carport facing southeast copper roof.

3. Working Drawings - Specifications - 1950 - Based on Revised 1949 Plan.

4. Monterey County Zoning Permit Application #C-46, 4/24/50. Architect: Frank Lloyd Wright. Contractor:

Miles Bain. Building 2,000 sq. ft. - 9,170 sq. ft. lot. Initial Projected Cost: $35,000.

5. Construction Period (April 1951 to November 1952):
a. "Desert Masonry" changed to "Carmel Stone." Supervising Architects: Aaron Green and Walter Olds. b. Concrete floor instead of "Green Slate."
c. "Kitchen door" added- against Wright's scheme.
d. Fireplace in bedroom - main fireplace problems (Pole wood). e. Loggia doors and screens on west versus east.
f. Copper roof changed to "Ludowichi-Celadon" roof. Triangular ceramic glazed interlocking metal panels in blue-green color pattern. Architectural porcelain construction - Oakland - Roos Roofing Co. Final cost $55,000.
g. Tommy Church Landscape.
•Required Information
DPR 523L (1/95}
Attachment 1
Primary-,; State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
HAI# ______________ _
CONTINUATION SHEET Trtnomial
P f *Resource Name or# (Assigned by recorder) rs· age_o _ •Recorded by Richard N. Janick
inton Walker House
•oateSummer 2001 D Continuation D Update
B6. Construction History (Continued):
h. Roofleaks (May 1956). Replaced with copper panels of original design - P.M.C. Roofing Co., Pacheco, California ·

1. Studio Addition design to bedroom -November 1956 - later carried out in 1960-61 by Sandy Walker, A.I.A., nephew of Mrs. Walker (Wright died in April 1959. Became Master Bedroom.

J. Mermaid Sculpture on deck - Mrs. Walker acquisition. k. Permit #97-102-May 1997 - new copper roof by P.M.C. Roofing, Pachec0, California - $50,000 - original contractors in 1956.

I. N_ew Gate - 1999 - Built to original specifications. m. Permit# R.E. 00-41 - New fence built to exact specifications of old fence - October 2000 ( completed 2001) (horizontal redwood board and batten - 5 ft. high).

6. 1996 - "Frank Lloyd Wright Conservancy" - detailed "as-is" analysis of the house, identifying future maintenance.

BIO. Significance:

This house qualifies as both a State Historical Resource and National Historic Resource under Criteria #3 as the only house designed and constructed by Frank Lloyd Wright in Carmel that also relates directly to its seaside location and environment. It has been internationally photographed and published and was even featured in the 1960 motion picture "A Summer Place." The house, originally designed as a vacation home, has been willed to the Henderson Family Trust (Harriet Henderson is Mrs. Clinton Walker's daughter), and continues to be utilized with its original intent. Wright also designed three other houses on coastal sites in the Carmel-Pebble Beach area

1. The John Nesbitt House - "Sea Garden" 1941 - Pebble Beach.

2. The Stuart Haldorn House- "The Wave" 1945 - Carmel Point.

3. The George Clark House - "Sunbonnet" 1952- Carmel Beach. that were not built.

The Clark House was adapted to the Arizona Desert for Georgine Boomer in 1955-1956. The Nesbitt and the Haldom Houses were featured in a color portfolio of Wright's renderings published in the 1960s.

The Walker House fully embodies Wright's concept of "organic" architecture. The hexagonal plan derives from the Paul Hanna House. At Stanford University (1937) and the stepped recessed window pattern is seen in the Haldom House of 1945 and was also utilized at "Kentuck-Nob," S.W. Pennsylvania in the mid-1950s.

The walls of native "Carmel Stone" and the natural redwood and Douglas fir trim speak to Wright's use of "natural" materials. Radiant heating and the steel-framed inverse pyramid windows express Wright's innovative use of new technology. The unique siting, it's the only house in complete public view within Carmel City limits on the ocean side, is a masterpiece, as each fa~ade emphasizes its harmony with nature.

This house is one of the trademarks within Wright's vast architectural spectrum and universally recognized throughout the world.
*Required Information
DPR 523L (1/95)
Attachment 1
Slate of California - The Resources Agency Primary•
DEPARTMENT OF PARKS AND RECREATION HAI# ______________ _ CONTINUATION SHEET Trlnomial
Page_ of ---2
Richard •Recorded by
*Resource Name or# (Assigned by recorder) rs• Clinton Walker Honse N. Janick •oate Summer 2001 D Continuation 0 Update
BIO. Significance (Continued):

THOMAS D. CHURCH
Church was born in 1902 and graduated from the University of California, Berkeley, in 1921. In 1925, he received the degree of Master of Arts in Landscape Architecture from Harvard University. Since 1928, he has practiced in the San Francisco Bay Area and has made a major contribution to the field of modern landscape design, principally•in the decades 1930-1960.

The Walker family are descended from the Walker Art Center in Minneapolis,_~innesota, and the Henderson Family Trust also owns houses designed by William Wilson Wurster in Hillsborough, California, and Joseph Frederick in Lake Tahoe, California.

B12. References:
"The Cabin on the Rocks," Chronology of Mrs. Clinton Walker's House, correspondence from Tahesin Archives, compiled by Richard N. Janick, Carmel, California, 1994.

Homes Illustrated: Carmel By The Sea, Home for Mrs. Clinton Walker. Photography by George Seidenech.

List of Contractors.

DPR 523L ( 1/95} *Required Information
Attachment 1
Mills Act Application - Frank Lloyd Wright House 'Cabin on the Rocks' 10 Year Rehabilitation and Maintenance Plan
Work Item 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Totals Year 1 2 3 4 5 6 7 8 9 10
Front Gate Repair & Maintenance (incl. front pedestal light) $10,000.00 $5,000.00 $500.00 $515.00 $530.45 $546.36 $562.75 $579.64 $597.03 $614.94 $19,446.17 Replace Roof $600,000.00 $600,000.00
Roof & Roof Drainage Maintenance Programme $1,000.00 $1,030.00 $1,060.90 $1,092.73 $1,125.51 $1,159.27 $1,194.05 $1,229.87 $1,266.77 $1,304.77 $11,463.88 Electrical Upgrade & Maintenance Programme $4,000.00 $20,000.00 $1,500.00 $1,545.00 $1,591.35 $1,639.09 $1,688.26 $1,738.91 $1,791.08 $1,844.81 $37,338.50 Plumbing Upgrade & Maintenance Programme $3,000.00 $3,090.00 $10,000.00 $3,278.18 $3,376.53 $3,477.82 $3,582.16 $3,689.62 $3,800.31 $3,914.32 $41,208.94 Replace Interior Boiler $18,000.00 $18,000.00
Exterior Window Rehabilitation / Repair & Maintenance $1,000.00 $1,030.00 $50,000.00 $1,092.73 $1,125.51 $55,000.00 $1,194.05 $1,229.87 $60,000.00 $1,304.77 $172,976.94 Brickwork / Façade Maintenance Programme $2,000.00 $2,060.00 $20,000.00 $2,185.45 $2,251.02 $2,318.55 $2,388.10 $25,000.00 $2,533.54 $2,609.55 $63,346.21 Ongoing Patio Restoration & Maintenance Programme $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $160,000.00 Exterior Painting Programme $3,000.00 $3,180.00 $3,370.80 $3,573.05 $3,787.43 $16,911.28 Interior Stonework Repair, Cleaning and Restoration $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $30,000.00 Interior Wood Panel Restoration Programme $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,796.37 $30,796.37 Historic Fireplace Maintenance Programme $1,030.00 $1,092.73 $1,159.27 $1,229.87 $1,304.77 $5,816.65 Exterior Lighting Maintenance / Replacement Programme $3,182.70 $3,477.82 $3,800.31 $10,460.83 Repair Upper Level of existing Stone Steps $8,000.00 $8,000.00 Ongoing Maintenance: House $5,000.00 $5,150.00 $5,304.50 $5,463.64 $5,627.54 $5,796.37 $5,970.26 $6,149.37 $6,333.85 $6,523.87 $57,319.40 Ongoing Maintenance: Grounds $5,000.00 $5,150.00 $5,304.50 $5,463.64 $5,627.54 $5,796.37 $5,970.26 $6,149.37 $6,333.85 $6,523.87 $57,319.40 Administrative budget for new 10 year budget $3,250.00 $3,250.00 Totals $50,000.00 $96,540.00 $120,852.60 $48,909.09 $45,255.45 $707,741.74 $47,346.28 $69,569.58 $105,456.74 $51,983.10 $1,343,654.56

MAINTENANCE TABLE

CITY OF CARMEL-BY-THE-SEA

HISTORIC RESOURCES BOARD

HISTORIC RESOURCES BOARD RESOLUTION NO. 2023-011-HRB

A RESOLUTION OF THE HISTORIC RESOURCES BOARD OF THE CITY OF CARMEL-BY-THE-SEA

RECOMMENDING THAT THE CITY COUNCIL ENTER INTO A MILLS ACT CONTRACT WITH ESPERANZA CARMEL, LLC FOR THE PROPERTY LOCATED AT 26336 SCENIC ROAD IN THE SINGLE-FAMILY RESIDENTIAL DISTRICT (APN 009-423-001).

WHEREAS, on April 20, 2023, Christopher Mitchell, Managing Director of Esperanza Carmel, LLC (“Applicant”) submitted an application on behalf of Esperanza Carmel, LLC (“Owner”) requesting to enter into a Mills Act contract (MA 23-116, Esperanza Carmel, LLC) described herein as (“Application”) for the historic “Mrs. Clinton Walker House”; and WHEREAS, the Application has been submitted for the property located at 26336 Scenic Road, in the Single Family Residential (R-1) District (Block B, Lot 18); and WHEREAS, the historic “Mrs. Clinton Walker House” is listed on the Carmel Inventory and the Carmel Register of Historic Resources; and
WHEREAS, one of the benefits of being included on the Register is the ability to enter into a Mills Act Historical Property Contract with the City; and WHEREAS, the Applicant is requesting to enter into a Mills Act contract with the City and in accordance with Carmel Municipal Code (CMC) Section 17.32.100.B.6 (Review Process), the Historic Resources Board shall consider the application and make a recommendation to the City Council to approve, approve with conditions, or deny the application; and WHEREAS, on August 11, 2023, notice of the August 21, 2023 public hearing was published in the Carmel Pine Cone, in compliance with State law (California Government Code 65091), and mailed to owners of real property within a 300-foot radius of the project indicating the date and time of the public hearing; and
WHEREAS, on or before August 11, 2023 the Applicant posted the public notice on the project site and hand-delivered a copy of the public notice to each property within a 100-foot radius of the project site indicating the date and time of the public hearing; and WHEREAS, on or before August 18, 2023 the meeting agenda was posted in three locations in compliance with State law indicating the date and time of the public hearing; and WHEREAS, on August 21, 2023, the Historic Resources Board held a public meeting to consider the application for a Mills Act contract, including without limitation, information provided to the Historic Resources Board by City staff and through public testimony; and DocuSign Envelope ID: 33392135-F8F6-45DF-BDA3-0C9F63588F42 Attachment 2
Resolution No. 2023-011-HRB

Page 2 of 3 ends

Carmel-by-the-Sea City CouncilFebruary 6, 2024

Carmel-by-the-Sea City Council
February 6, 2024