Agenda packet — Carmel-by-the-Sea City Council, May 6, 2024

CITYOF CARMEL-BY-THE-SEA

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

CITY COUNCIL SPECIAL MEETING
Monday, May 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/85129541226 Webinar ID: 851 2954 1226 Passcode:
423087 Dial in: (253) 215-8782

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

CALL TO ORDER AND ROLL CALL

PUBLIC APPEARANCES
Members of the public are 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. If a member of the public attending the meeting remotely violates the Brown Act by failing to comply with these requirements of the Brown Act, then that speaker will be muted.

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. March 26, 28, and April 1, 2024, Special Meeting Minutes, and April 2, 2024 Regular Meeting Minutes

2. March 2024 Monthly Reports

3. March 2024 Check Register Summary

4. Resolution 2024-030 Authorizing the City Administrator to Execute Amendment No. 3 to a Professional Services Agreement with Traffic Patterns, LLC for a not-to-exceed amount of Sixty-Five Thousand Dollars ($65,000.00) and extending the term through June 30, 2025 for recruitment consulting services

5. Resolution 2024-032 authorizing a refund of a Track One Design Study referral to Planning Commission fee in the amount of $1,338.75 to Lewis Builders.

6. Resolution 2024-033 amending Agreement #PBD-Harris-40-23-24 with Harris & Associates for contract planning support, to increase the not to exceed amount by $14,000 from $60,000 to $74,000, and extending the duration of the contract to May 30th, 2024

7. Resolution 2024-034 confirming Councilmember appointments to the Community Human Services Board and Tor House Foundation

8. Resolution No. 2024-031 granting an appeal by Krista Ostoich, Esq., on Behalf of James and Marion Melani, to overturn the January 24, 2024 decision of the Planning Commission to deny the after-the-fact rebuilding of a non-conforming structure that was torn down and rebuilt with the same non-conforming setbacks for the subject property is located at Carmelo Street 4 southwest of 2nd Avenue in the Single-Family Residential (R-1) District. APN: 010-124-024-000.

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:

Agency Designated Representatives: Assistant City Administrator Brandon Swanson, Senior HR Analyst Marisa Bermudez, and Police Chief Paul Tomasi Employee Organization: Carmel Fire Ambulance Association B. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:

Agency Designated Representatives: Assistant City Administrator Brandon Swanson, Senior HR Analyst Marisa Bermudez, Katy Suttorp (Burke, Williams & Sorensen) Employee Organization: General Employees Unit, an Affiliated Unit of LiUNA C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9 (d)(4): One potential case
PUBLIC APPEARANCES - Limited to items on Closed Session Agenda

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
May 6, 2024

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

March 26, 28, and April 1, 2024, Special Meeting Minutes, and April 2, 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) March 26, 2024 Special Meeting Minutes
Attachment 2) March 28, 2024 Special Meeting Minutes
Attachment 3) April 1, 2024 Special Meeting Minutes
Attachment 4) April 2, 2024 Regular Meeting Minutes

CARMEL-BY-THE-SEA

CITY COUNCIL

SPECIAL MEETING MINUTES
Tuesday, March 26, 2024
CALL TO ORDER AND ROLL CALL - 4:30 PM
Mayor Potter called the meeting to order at 4:33 p.m.

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

PUBLIC APPEARANCES
The following members of the public spoke:

Jo Todd

ORDERS OF BUSINESS
Item 1 - Receive a presentation from Integral Corp./Haro Kasunich & Associates/EMC Planning Group providing the findings of the Coastal Engineering Study, Phase 1 Mary Bilse, Environmental Programs Manager, introduced David Revell, Integral-Corp. Mr. Revell gave a presentation to Council on the Overview of Phase 1 Coastal Engineering and Hazard Assessment for Carmel Beach. He provided a presentation on the following:
• Overview of Phase 1, Tasks 1-4
o Task 1 - Coastal Engineering and Protection Assessment o Task 2 - Shoreline and Beach Change Analysis: Seasonal and Long-Term o Task 3 - Shoreline and Beach Erosion Exposure Modeling o Task 4 - Coastal Hazard and Sea Level Rise Vulnerability Assessment • Introduction to Phase 2
Public Comment:

Dale Byrne
Matthew
Integral-Corp representative answered questions from Council. Council received the presentation; no action was taken.

Item 2 - Second Review of the Proposed Fiscal Year 2024/25 Capital Improvement Program and provide direction to staff
Public Works Director Bob Harary gave a presentation on the 15 completed CIP projects in Fiscal Year (FY) 23-24, 4 projects to consider modifying or canceling, review of 14 carry-over projects, and initial review of 12 potential new CIP projects for FY 24-25, and introduction of updated 5- year CIP projects.

Attachment 1
Public Comment:

Michael Comer
Dale Byrne
Shirley Moon
Council approved the following recommendations from staff:
• Cancel/modify 4 projects
• Approved 15 carry-over projects
• Approved supplemental funding for 6 shovel ready carry-over projects (paving, drainage repairs, MTNP drainage, City Hall roof replacement, Sunset cottage window repairs) o Come back with information on delaying the concrete street repairs and trading the concrete repairs with paving more residential streets with asphalt. • Approved the 6 V&EF Projects
o Come back with an estimated cost on added more space at the dais.

Council approved the following projects to be included in the FY 24-25 CIP draft budget:

1. Junipero Bypass Drainage Project - Design

2. San Antonio Pathway Reconstruction – project management, construction

3. Sunset Center Retaining Walls – project management, construction

4. Lincoln / 4th Trestle Bridge - $40,000 for study
a. Council field trip in May

5. Vista Lobos - 3 EV Charging Stations, and Building Electrical Panel - construction

6. ADA Upgrades, Year 7

7. Norton Court Garage Security Access System

8. MTNP Laiolo Bridge and Path Realignment – environmental and design a. Council field trip in May

9. Shoreline Wall: Fourth Ave Outfall – project management, environmental & design

10. Park Branch Library – windows and dry rot repair

11. CIP contingency FY 25 ($400,000)

12. Ocean Avenue, Carpenter to Highway 1
o Explore working with the County on this project.

ADJOURNMENT
Council adjourned at 7:36 pm.

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

CARMEL-BY-THE-SEA

CITY COUNCIL

SPECIAL MEETING MINUTES
Thursday, March 28, 2024
CALL TO ORDER AND ROLL CALL:

Mayor Potter called the meeting to order at 10:03 a.m.

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

PUBLIC APPEARANCES
The following members of the public spoke:

Nancy Twomey
Beth Bowman
Unknown speaker
ORDERS OF BUSINESS – COUNCIL PRIORITIES WORKSHOP
Item 1 - Conduct a workshop/retreat to discuss the City Council’s Strategic Priority Projects, gather input from the public, and provide direction to staff regarding prioritization of each project on the list. City Council may give directions to staff during strategic planning, however, any actions to implement such directions will be considered at future scheduled Council meetings.

City Administrator Chip Rerig provided a presentation on the status of the 29 active priorities. He summarized the percentage complete, the current priority level (high/low), and a brief status update on each. He requested that Council to provide direction to staff on whether the priority is a “high” priority to focus on now, or a “low” priority, to remain on list to focus on later as more of the higher priorities are completed. He added that Council may also decide to remove some priorities that are considered ongoing. He clarified that at the next priorities workshop in the fall, staff will provide an update on the priorities and Council may give further instruction at that time.

Mayor Potter invited public comment on each priority.

PUBLIC COMMENT
The following members of the public spoke:

Tim Twomey
Nancy Twomey
Andi Carr
Ian Martin
Sue McCloud
Rich Pepe
Attachment 2

Page 2 of 3 ends

City Council Special Meeting Minutes – March 28, 2024
Greg D’Ambrosio
Melanie Billig
Sarah Berling
Shirley Moon
Dale Byrne
Laura Privesio
Ken White
Mike Buffo
Girard Rose
Laura Bolling
Mary Gifford
Council gave the following consensus direction on each of the active priorities:
1) Telecommunication Ordinance – Low priority, waiting for Coastal Commission approval.
2) Stormwater Ordinance – Low priority, waiting for Coastal Commission approval. 3) Car Week - Remove from list; ongoing.
4) Review Barriers to Affordable Housing – High priority; 6th Cycle Housing Element is planned for adoption by April 15th.
5) Volunteer Group Facilitation - Remove from list; ongoing. 6) Board and Commissioner Training – Low priority.
7) Develop Accessory Dwelling Unit (ADU) Ordinance – High priority. 8) Explore Street Addresses – High priority.
9) Develop a plan to ensure that the City’s natural areas, as well as private property, are properly maintained to reduce fire risk – High priority; focus on outreach and education.
10) Develop Urban Forest Master Plan (UFMP) & Update Tree Ordinance – High priority. 11) Increase Beautification Efforts - Remove from list; ongoing. 12) Update Zoning Code and Design Guidelines (Residential & Commercial) and Explore Reinstatement of the Design Review Board (DRB) – High priority. 13) Develop a Facilities Maintenance Plan (Facility Renovation Projects) - Remove from list; we have condition assessment plans for all city owned buildings. Facility maintenance is an ongoing project.
14) Underground Utilities Rule 20A – High priority; Rule 20A funds are time sensitive. 15) Develop a Social Media Plan – Low priority; discuss priority ranking in September.

Attachment 2

Page 3 of 3 ends

City Council Special Meeting Minutes – March 28, 2024
16) Explore Parking and Traffic Management Program – Low priority; discuss priority ranking in September.
17) Explore Opportunities for Scout House - Low priority. 18) Review Opportunities for Enhanced Fire Ambulance Service – High priority. 19) Coastal Engineering Study and Climate Committee – High priority. 20) Review/Reformulate Approach to Reserves/Update Financial Policies – Low priority. 21) Police/Public Works Building Project – High priority. 22) Explore Opportunities for Permanent Outdoor Dining/Downtown Master Plan – Low priority.
23) Explore Opportunities for Flanders Mansion – Low priority; discuss priority ranking in September.
24) Undergrounding Power Lines (separate from Rule 20A) – Low priority; Rule 20A Undergrounding priority is a way to find out more about the process and cost of undergrounding.
25) Transient Occupancy Tax (TOT) Increase: Explore adding to the 2024 ballot – High priority; time sensitive.
26) Carmel Area Wastewater District (CAWD) Bridge to Everywhere Project – High priority. 27) Explore Redevelopment of north lot at Sunset Center - Remove from list. 28) Housing Element Implementation – Low priority; Housing Element must be adopted first before implementation can begin, discuss priority ranking in September. 29) Outdoor Wine Tasting Ordinance – Low priority.

ADJOURNMENT
Council adjourned the meeting at 2:43 pm.

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

CARMEL-BY-THE-SEA

CITY COUNCIL

SPECIAL MEETING
Monday, April 1, 2024

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

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

PUBLIC APPEARANCES
The following members of the public spoke:

Michael McWalters

CONSENT AGENDA
Councilmember Ferlito commented on item #2, the Fire and Ambulance Monthly report and the Public Works Department monthly report. She said it’s alarming how many trees were lost in February due to the storms as well as the length of time for ambulances to respond to calls due to difficulty finding the address, and noted that sometimes the delay is due to the AMR Ambulances responding from farther away.

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

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - February 9, and March 4, 2024, Special Meeting Minutes, and March 5, 2024, Regular Meeting Minutes
Item 2 - February 2024 Monthly Reports
Item 3 - February 2024 Check Register Summary

ORDERS OF BUSINESS
Item 4 - Receive a presentation by California American Water Company to introduce the Dolores Street Water Main Replacement Project and authorize issuance of an Encroachment Permit with Special Conditions of Approval
Attachment 3
David Pezzini, California American Water Engineering Project Manager, gave a presentation to Council and answered questions from Council.

Public Comment: None
Motion by Mayor Potter to authorize the issuance of an encroachment permit with special conditions of approval to California American Water for the Dolores Street Water Main Replacement Project, seconded by Mayor Pro Tem Richards and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmembers Dramov, Ferlito, Richards, and Mayor Potter NOES: Councilmember Baron
ABSENT: None
ABSTAIN: None
Item 5 - Resolution 2024-023 approving Change Orders #3 for each of the City’s On-Call Tree Service Contractors to include prior tree-related budgeted items totaling $200,000 in addition to a $200,000 mid-year budget allocation
Public Works Director Bob Harary gave a summary of the item and answered questions from Council.

Public Comment: None
Motion by Mayor Pro Tem Richards to approve Resolution 2024-023, seconded by Councilmember Ferlito, and approved 5-0-0-0 by the following roll call vote:

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

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

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Sections 54956.9 (d)(1)
Name of Case: Daniel Logan v. City of Carmel-by-the-Sea; Superior Court of Monterey County Case #24CV000088
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9 (d)(4): One potential case Attachment 3
C. 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-theSea Agency negotiators: City Administrator, City Attorney
Negotiating parties: Carmel Heritage Society and Chamber of Commerce Under negotiation: Lease amount and terms
D. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

Agency Designated Representatives: Assistant City Administrator Brandon Swanson, Senior HR Analyst Marisa Bermudez, and Police Chief Paul Tomasi
Employee Organization: Carmel Fire Ambulance Association PUBLIC APPEARANCES - Limited to items on Closed Session The following members of the public spoke:

Jan Ledgers
Cindy Lloyd
Sygale Lomas

ADJOURNMENT
Council adjourned to closed session at 5:14 p.m. Council adjourned from closed session at 6:45 p.m.

APPROVED: ATTEST:
___________________________ ______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 3

CARMEL-BY-THE-SEA

CITY COUNCIL

REGULAR MEETING
Tuesday, April 2, 2024
TOUR TIME - 3:30 PM

TOUR OF INSPECTION
Prior to calling the meeting to order, the Council conducted an on-site tour of inspection of the following properties:

A. Scenic Road 2 NW of 8th Avenue, Carmel-by-the-Sea (Chadwick Appeal) B. Carmelo Street 4 SW of 2nd Avenue, Carmel-by-the-Sea (Melani Appeal) C. SE Corner of Casanova Street and 11th Avenue, Carmel-by-the-Sea (Monterey Pine)

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

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

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Richards led the pledge of allegiance.

EXTRAORDINARY BUSINESS
A. Carmel High School Report Out - no report
B. Volunteer Appreciation Proclamation – Councilmember Ferlito read the proclamation and presented it to the various volunteer groups present.

PUBLIC APPEARANCES
The following members of the public spoke:

Dennis Johnson
Lacey Rock

ANNOUNCEMENTS
A. City Administrator Announcements - Thanked Staff for the storm response over the past month. Reiterated the thanks to the Volunteer Groups, and all the public attendees at the B. City Attorney Announcements - no reportable action from closed session yesterday.

Attachment 4
City Council Regular Meeting Minutes – April 2, 2024

Page 2 of 6 ends

C. Councilmember Announcements - Councilmember Baron and Mayor Potter thanked the public who attended the Police Station tours last week and the Police Chief Tomasi for leading the tours.

Mayor Pro Tem Richards – Gave out to previous Mayor of Carmel, Sue McCloud, who is mentioned in the book The Sisterhood: Women of the CIA by Liza Mundy.

ORDERS OF BUSINESS
Item 1 - Receive a report on the Library Facilities Master Plan Project and provide staff with direction
Library and Community Activities Director Ashlee Wright and Public Works Director Bob Harary gave a presentation on the Library Facilities Master Plan including a brief history of the Harrison Memorial Library and Park Branch Library, and summarized the facilities assessment prepared by Jayson Architecture for both Libraries. Library Director Wright answered questions from Council.

Public Comment: None
Council received a report; no action was taken.

PUBLIC HEARINGS
Item 2 - Adopt Resolution 2024-025 declaring a dead Monterey pine tree on private property, at the southeast corner of Casanova Street and Eleventh Avenue, a Public Nuisance and establishing a subsequent Public Hearing on May 7, 2024 City Forester Justin Ono presented on the item, outlining the process detailed in the City’s Municipal Code Chapter 17.48.130. He stated that if the City Forester determines that a dead tree, whether on public or private property, is a safety threat the next step is for Council to adopt a Resolution declaring a tree on the SE corner of Casanova Street and Eleventh Avenue a public nuisance. He added that after the Resolution's adoption, a notice will be sent to the owner and posted on the property as per the municipal code, and a hearing date will be scheduled for May 7, 2024, to address any objections to the tree's abatement.

Public Comment: None
Councilmember Dramov suggested considering an exception in this case due to the tragic circumstances surrounding the property. She proposed not placing a lien on the property for the cost of abatement if the family members cannot be reached.

Motion by Councilmember Baron to adopt Resolution 2024-025 declaring the tree a nuisance and setting a hearing for May 7, 2024, seconded by Councilmember Ferlito, and approved 4-1-0-0 by the following roll call vote:

Attachment 4
City Council Regular Meeting Minutes – April 2, 2024

Page 3 of 6 ends

AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None
Item 3 - APP 24036 (Chadwick): Consideration of an Appeal of the Planning Commission's decision to deny a Track 1 Design Study referral (DS 23-108) and associated Coastal Development Permit for the installation of a driveway gate located on Scenic Road 2 northwest of 8th Avenue in the Single-Family Residential (R-1) District, Archaeological Significance (AS) Overlay, and Beach/Riparian (BR) Overlay. APN: 010-312-026000.

Councilmember Dramov recused herself from this item due to the proximity of her home to the property and left the dais at 5:32 p.m.

City Planner Evan Kort gave a presentation to Council on the item and answered questions from Council.

Public Comment:

Eric Miller, architect, spoke on behalf of the applicant Paul Dobel
Art and Farah Chadwick
Mayor Potter and Mayor Pro Tem Richards expressed support for installing the gate for safety reasons and were inclined to accept the proposed open design due to the lack of adopted design guidelines. Councilmember Baron proposed placing the gate along the side of the driveway to prevent the public walking up to their front door while leaving the driveway open. Councilmember Ferlito agreed with this suggestion and emphasized the importance of supporting the Planning Commission's decisions and not setting precedents on gate designs before the updated guidelines are adopted. Community Planning and Building Director Swanson noted that the gate design the applicant is presenting to Council this evening is different than the proposed design they showed to the Planning Commission. Council discussed the option of not denying the appeal, and instead directing the applicant, who modified their gate design since its initial Planning Commission approval, to resubmit the design plan to the Planning Commission without prejudice.

Motion by Mayor Pro Tem Richards, to adopt a Resolution to deny the appeal, and remand the applicant back to the Planning Commission without prejudice to submit new design plans for a gate, seconded by Mayor Potter,
and approved 4-0-0-1 by the following roll call vote:

AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: Councilmember Dramov (recused)
Councilmember Dramov returned to the dais at 6:04 p.m.

Attachment 4
City Council Regular Meeting Minutes – April 2, 2024

Page 4 of 6 ends

Item 4 - DS 21-186 (Melani): Appeal by Krista Ostoich, Esq., on Behalf of James and Marion Melani, from the January 24, 2024 decision of the Planning Commission to deny the after-the-fact rebuilding of a non-conforming structure that was torn down and rebuilt with the same nonconforming setbacks. The subject property is located at Carmelo Street 4 southwest of 2nd Avenue in the Single-Family Residential (R-1) District. APN: 010-124-024-000.

Councilmember Baron recused himself from the item due to the proximity of his home to project and left the dais at 6:04 p.m.

Assistant City Administrator Brandon Swanson and Acting Community Planning and Building Director summarized that the Planning Commission determined that the work performed on the structure (subject property) exceeded 50% demolition, necessitating correction of non-conforming setbacks according to the City’s Municipal code. He said that in order for the homeowners to remedy this, they would need to demolish parts of the framing already constructed and redesign their floorplan to comply with existing building code requirements. He explained that the homeowners have appealed the Planning Commission’s decision because inspections by the city occurred on site before a stop work order was issued, and the demolition and rebuild did not result in a larger structure footprint.

Public Comment:

Krista Ostoich, Attorney for the applicant
Ryan McNichol, builder for the applicant
Adam Jeselnick, architect for the applicant
Marian Melani, applicant/home owner
Brian Sours
Ira Durian, framer for the applicant
Karyl Hall
Dixie Smith
Joe Danucci
Brian Sours
Assistant City Administrator Swanson explained that the original project approval involved extending the foundation to meet the wall, which was always part of the plan, however, the extent of demolition on the wall was not approved, although the building inspector did inspect and approve the foundation.

Mayor Pro Tem Richards and Councilmember Dramov expressed a desire to grant the homeowners some flexibility in maintaining their home, considering the significant expense and environmental impact of demolishing non-conforming work. Councilmember Dramov highlighted that the home's square footage footprint remained unchanged.

Councilmember Ferlito and Mayor Potter expressed empathy for the homeowners but emphasized the Planning Commission's responsibility to uphold the city's code. Councilmember Ferlito expressed concern that the contractors, who are familiar with the area, should have Attachment 4
City Council Regular Meeting Minutes – April 2, 2024

Page 5 of 6 ends

contacted the planning department before proceeding with demolition to avoid this situation and the need for exceptions to building code violations.

Mayor Pro Tem Richards motioned to uphold the appeal and overturn the Planning Commission’s decision, upon the Council’s finding that the demolition and nonconforming work be considered as maintenance and repair, and to direct staff to return with a Resolution for council to adopt this finding, seconded by Councilmember Dramov, and approved 3-1-0-1 by the following roll call vote:

AYES: Councilmembers Dramov, Richards, and Mayor Potter NOES: Councilmember Ferlito
ABSENT: None
ABSTAIN: Councilmember Baron (recused)
Council adjourned to a break at 6:58 pm. Returned at 7:12 p.m.

Councilmember Baron returned to the dais at 7:12 p.m.

Item 5 - 6th Cycle 2023-2031 Housing Element Adoption - Consideration of a General Plan/Local Coastal Plan amendment, updating the Housing Element and adopting an Initial Study/Mitigated Negative Declaration - Recommended for continuance to April 8, 2024 at 4:00 p.m.

Assistant City Administrator Brandon Swanson and Acting Community Planning and Building Director recommended continuing the adoption of the Housing Element to a Special Meeting on April 8th. Council gave consensus direction to continue the item to the April 8th Special Meeting.

Swanson provided a brief presentation summarizing the process timeline and addressed public concerns that have recently been brought up. He continued that on April 8th, staff will request Council policy direction on whether to include city-owned sites as "potential sites" and if language from the March 5th meeting should be included in the version.

City Attorney Brian Pierik reiterated that since Council is continuing this item they should not make decisions or provide staff direction on the Housing Element at this time. He clarified that Council may receive public comment on the subject tonight since it is a publicly noticed agenda item.

Public Comment:

Beth Bowman
Nancy Twomey
Victoria Beach
Sam Farr
Hans Buder
Richard Pepe
Ian Martin
Kristi Reimers
Christy Hollenbeck
Vince Koller
Andi Carr
Attachment 4
City Council Regular Meeting Minutes – April 2, 2024

Page 6 of 6 ends

Michael McWalters
Michael Noakes
Jeanne McWalters
Parker Logan
Joe Danucci
No action was taken, Council received comments from the public.

Item 6 - MA 23-103 (Cypress Inn): Consideration of a Mils Act Contract application, MA 23103 (Cypress Inn), for the historic "La Ribera Hotel" located on the northeast corner of Lincoln Street and 7th Avenue in the Residential-Commercial (R-C) District. APN: 010-147-008-000 Assistant City Administrator Brandon Swanson and Acting Community Planning and Building Director said that the applicant did not conduct the necessary public noticing requirement required for today’s public hearing, and therefore requested that the item be continued to a future meeting date. Council gave consensus approval to continue the item to the next meeting in May.

ADJOURNMENT
Council adjourned the meeting at 8:48 pm.

APPROVED: ATTEST:
___________________________________ _______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: March 2024 Monthly Reports
RECOMMENDATION:

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:

City Administrator Contract Log - 2 contracts under $60K in Feb., none in March.

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) City Administrator Contract Log (Feb & March) Attachment 2) Community Planning and Building Department Reports Attachment 3) Police, Fire, and Ambulance Reports
Attachment 4) Public Records Act Requests
Attachment 5) Public Works Department Reports
City Administrator Contract Log
FY 2023‐24
FEBRUARY 2024
Date entered Into Contractor Contract Amount Purpose
2/5/2024 PENINSULA COMPUTER SOLUTIONS $2,500.00
Troubleshoot the Exacqvision network at all 6
remote locations and them work with the police
dept. main location, make sure the video wall are
on the same VLAN, configure 2 video walls.
2/8/2024 ZFA STRUCTURAL ENGINEERS $55,000.00
Structural Engineering Design Services for: San
Antonio Avenue Walkway Repairs; Sunset
Center Retaining Wall Repairs; and OnCall, AsNeeded services; Design of the 2 projects due for completion by 6/30. On-call will extend into future
FYs
Attachment 1

CITY OF CARMEL-BY-THE-SEA
Monthly Report

Community Planning and Building Department
MARCH 2024 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:

In March 2024, 29 planning permit applications were received.

II. BUSINESS LICENSE APPLICATIONS:

In March 2024, 5 business license applications were received.

III. BUILDING PERMIT APPLICATIONS:

In March 2024, 37 building permit applications were received.

IV. CODE COMPLIANCE CASES:

In March 2024, 4 new code compliance cases were created.

V. TRANSIENT RENTAL COMPLIANCE CASES:

In March 2024, 1 new transient rental compliance case was created.

VI. ENCROACHMENT PERMIT APPLICATIONS:

In March 2024, 25 encroachment permit applications were received.

VII. TREE PERMIT APPLICATIONS:

In March 2024, 26 tree permit applications were received.

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah R. Young, Administrative Coordinator SUBMITTED ON: April 1, 2024
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 2
VIII. YEAR-TO-DATE TRENDS
Table 1 includes the following March 2024 totals:
• Planning Permit Applications
• Business License Applications
• Building Permit Applications
• Code Compliance Cases
• Transient Rental Cases
• Encroachment Permit Applications
• Tree Permit Applications
March 2024 totals are provided alongside March 2023 totals for comparison. Compared to the same time period in the year 2023, Table 1 denotes percentage changes in the year 2024.

Table 1
Permit Application Totals and YTD Percentage Changes

PLANNING BUSINESS

LICENSES BUILDING CODE COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE
ENCROACHMENTS
TREE

REMOVAL &

PRUNING
2023 YTD
Totals 84 21 138 52 12 62 121
2024 YTD
Totals 86 22 137 57 10 59 105
YTD %
Difference + 2.38% + 4.76% - 0.72% + 9.62% - 16.67% - 4.84% - 13.22% Attachment 2
Page: 1 of 6
Planning Permit Report
03/01/2024 - 03/31/2024
Permit
#
Permit Type Project Description Address/Location Date
Received
Date
Approved
Status
24086 Preliminary Site
Assessment
Preliminary Site Assessment NW Corner Torres
and 3rd
3/29/2024 In Review
24085 Historic
Evaluation
Historic Evaluation. Associated
Design Study DS 24072.

Proposed Project: REMODEL

KITCHEN AND BATH REPLACE

INTERIOR AND EXTERIOR

DOORS AND ALL WINDOWS

REPLACE EXISITING FENCE

AND SCREENS REPLACE

WALL HEATER W/ MINI

SPLITS REPLACE WATER

HEATER WITH TANKLESS

WATER HEATER PAINT

EXTERIOR HOUSE AND TRIM

COLOR UPDATE ELECTRICAL

PANEL UPDATE PATIO AND

PATH MATERIALS TO
“CARMEL STONE” UPDATE

LIGHTING AND ELECTRICAL

PER PLAN REPLACE GUTTERS
Crossroad of
Carpenter and 2nd
4/1/2024 In Review
24084 Design Study ADD THREE NEW SKYLIGHTS Junipero 6 NE of 8th
3/28/2024 In Review
24083 Design Study Replacement of 11 windows
with retrofit Fibrex in-kind.

SW Corner of Santa
Fe & 5th
3/27/2024 Pending
Assignment
24082 Landscape Plan
Check/Inspection
Landscape plan check NWC Santa Rita
and Ocean
3/26/2024 In Review
24081 Design Study ASSOCIATED PSA 23-145
(Sherer). Track 2 Design
Review
Forest Road 2 NW
of 7th Ave
3/29/2024 In Review
24080 Preliminary Site
Assessment
New Art Studio (208 s.f.)
Conversion of existing storage
room into a full bathroom (49
s.f.) New Laundry Room (90
s.f.), New Stairs (78 s.f.)
Upper Floor: Proposed
Sunroom (96 s.f.)
San Carlos Street 2
NW of Santa Lucia
3/29/2024 In Review
24079 Preliminary
Review -
Planning
Commission
2nd story office addition,
building repaint and ADA
elevator
Monte Verde 4 SW
of 8th
3/26/2024 In Review
24078 Design Study Remodel house SW Corner of San
Carlos & 2nd
3/29/2024 In Review
Attachment 2
Page: 2 of 6
24077 Use Permit The mission of VIN Kitchen is
to bring a curated food and
wine experience to Carmel by
the Sea, in the form of a small
bistro style restaurant located
in Su Vecino Court on Dolores
between 5th and 6th.

Su Vecino Court,
Dolores Street
between 5th & 6th
3/21/2024 In Review
24076 Reasonable
Accommodation
PAVER WORK 5th Avenue 2 NW
of Lincoln
In Review
24075 Historic
Evaluation
HISTORIC EVALUATION.

Proposed Project: SFD
Remodel (DS 24-040):
requiring a new Historical
Evaluation as the previous
expired in Sept 2023.

Torres 4 SW of
10th Ave
3/25/2024 In Review
Attachment 2
Page: 3 of 6
24074 Design Study ASSOCIATED PSA 23-380.

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
3/20/2024 In Review
24073 Design Study Revision NE corner of 12th
and San Antonio
3/19/2024 In Review
Attachment 2
Page: 4 of 6
24072 Design Study Remodel kitchen and bath;
replace interior and exterior
doors; replace existing fence
and screens; replace wall
heater with mini-splits;
replace water heater with
tankless water heater; paint
exterior house and trim;
update electrical panel;
update patio and path
materials to "Carmel Stone;"
update lighting and electrical
per plan; replace gutters.
2nd 2 SW of
Carpenter
3/18/2024 In Review
24071 Design Study ASSOCIATED HISTORIC
EVAL, HE 23-264. Proposed
Project: Remodel of an
existing 2-bedroom and 2
bathroom 1113 square foot
residence. The remodel will
also expand the kitchen and
bedrooms by adding 147 sf
(less than 10%). The new
residence will be a 3-
bedroom, 2-bathroom
residence. The exterior will
receive new materials to
replace the existing materials
in a like-for-like aesthetic.

Junipero 2 SW of
10th
3/15/2024 In Review
24070 Authorized Work Replace approximately 268
square feet of an existing
concrete walkway and steps
in the north side yard of a
single family dwelling as a
result of damage to the
walkway from the demolition
of the residence to the north
(BP 22-412, Paboojian). Refer
to plans (Sheet A1.0 Neighbor
and Sheet A1.0p Neighbor)
prepared by James Newhall
Smith, Architect.

Scenic Road 4 SW
of Ocean
3/11/2024 3/13/2024 Approved
24069 Design Study JADU conversion & Main
house kitchen, bath remodel
5013 Lobos Street 3/21/2024 In Review
24068 Design Study Replace existing 36"x32"
window w/ new 48"x40", all
materials to match.

San Carlos 2 NE of
Vista Ave.
3/11/2024 In Review
Attachment 2
Page: 5 of 6
24067 Historic
Evaluation
HISTORIC EVALUATION.

Proposed Project: Apply Tyver
house wrap over existing
rough sawn siding (T-111).

Apply James Hardie primed
fiber cement lap siding, paint
to match existing. Both sides
of house approximately
24'x11'.

Dolores 3 SW of
3rd
3/11/2024 Approved
24066 Historic
Evaluation
HISTORIC EVALUATION.

Assessment of partially
collapsed adobe front wall.

Tree falling necessitates the
removal/repair of the wall.
2 Torres Street 3/8/2024 In Review
24065 Preliminary Site
Assessment
707 S.F. One and Two Story
Addition
4910 Monterey St.

Carmel, CA 93923
3/8/2024 In Review
24064 Closed
24063 Historic
Evaluation
Historic Evaluation.

ASSOCIATED DESIGN STUDY:

DS 24014 (Lewis & McClellan
Trust).

San Carlos Street 3
SW of Vista Avenue
3/12/2024 Approved
24062 Historic
Evaluation
Historic Evaluation Santa Rita Street
SW corner of 1st
Avenue
3/13/2024 In Review
24061 Historic
Evaluation
Re-evaluation: Historic
Determination of APN
010075023000 (formerly APN
010075020000).

Mission 3 NE 11th,
Carmel-by-the-Sea,
CA 93921
3/5/2024 In Review
24060 Use Permit THE PROJECT INCLUDES

DEMOLITION OF THE

EXISTING HOFSAS HOTEL
AND

RENOVATION/PRESERVATION

OF THE EXISTING HOFSAS
HOUSE. See DR 24059
"HOFSAS HOUSE LEGACY
PROJECT DESCRIPTION" for
additional details.

San Carlos 2 NW of
4th Ave.
3/4/2024 In Review
24059 Design Review THE PROJECT INCLUDES

DEMOLITION OF THE

EXISTING HOFSAS HOTEL
AND

RENOVATION/PRESERVATION

OF THE EXISTING HOFSAS
HOUSE. See attached
"HOFSAS HOUSE LEGACY
PROJECT DESCRIPTION" for
additional details.

San Carlos 2 NW of
4th Ave.
3/4/2024 In Review
Attachment 2
Page: 6 of 6
24058 Sign NEW SIGN: 20x20 doublesided, western Cedar sign.

Colors: Black trim, SW 9061
"Rest Assured" Blue
Dolores between
5th & 6th
3/1/2024 Approved
Total Records: 29 4/5/2024
Attachment 2
Page: 1 of 1
Business License Report
03/01/2024 - 03/31/2024
Entity
#
Application
Type
Business
Name
Business
Description
Location Date
Received
Date
Approved
Status
24022 Ownership
Change
Esperanza
Carmel
Commercial,
LLC
Office Space SW Corner of 5th &
Junipero
3/27/2024 In Review
24021 New
Business
Mother Hearth Botanical shop:
flowers, supplies,
spices, and dry tea
Lincoln 2 SW of
Ocean
3/22/2024 In Review
24020 New
Business
Wally's Vintage clothing
store focused on
men's clothing
San Carlos 3 SW of
5th
3/22/2024 In Review
24019 Location
Change
Patricia Qualls
Contemporary
Art
Art Gallery & Studio Dolores Street 3 NE
of 6th Avenue
3/22/2024 In Review
24018 New
Business
Edi Matsumoto
Art & Design
Art gallery and retail SW Mission Street
between 5th & 6th
3/1/2024 Final
Inspection
Pending
Total Records: 5 4/5/2024
Attachment 2
Page: 1 of 4
Building Permit Report
03/01/2024 - 03/31/2024
Permit
#
Date
Submitted
Date
Approved
Project Description Valuation Permit
Type
Property
Location
240136 3/29/2024 Residential Solar Panel Install
- Install additional 5 Panels in
reference to permit #EP23-
415
11,000 Electrical Monte Verde
4 NE of 3rd
240135 3/29/2024 3/29/2024 Replace two zero clearance
fireplaces and install gasline
to existing outdoor fireplace
20,000 Building Dolores 2
SW of 11th
240134 3/29/2024 3/29/2024 Storm damage repair to
exterior deck. Replace 288sf
and replace 35 linear feet of
railing.
36,560 Building 2nd 2 SE of
Junipero
240133 3/28/2024 Remove and replace leaking
cedar shingle roof with new
asphalt Malarkey Highlander
shingles in color Heather.
10,000 Roofing Junipero 3
NE of 3rd
240132 3/27/2024 Interior remodel of existing
residence including new
cabinetry, appliances,
electrical & plumbing fixtures
in the kitchen, moving closet
wall & outlet in primary
bedroom, replace water
closet door to primary
bathroom, remove hallway
door to bath 2, replace
vanities, finishes, and fixtures
in all bathrooms, remove
barn doors and install
switchable glass wall in
bedroom 3, and replace
cabinetry in bedroom 3.
200,000 Building Scenic 1 NE
of 10th
240131 3/26/2024 135sf fungus damage repair
of existing SFR. Exterior
repairs to siding to match
existing color and materials.
30,000 Building NW Corner
of San
Antonio &
10th
240130 3/26/2024 3/26/2024 Removal and replacement of
45K BTU furnace and
ducting.
15,021 Mechanical SE Corner of
Santa Rita &
1st
240129 3/25/2024 14kW Generac Generator
Installation.
20,000 Electrical SW Corner
on 4th &
Santa Fe St
Attachment 2
Page: 2 of 4
240128 3/22/2024 3/22/2024 Abandonment of a 30 amp
circuit and installation of a
20-amp circuit breaker, run
conduit, pull wires, and
install a box and receptacle.
0 Electrical NE Corner of
Santa Rita &
Mountain
View
240127 3/22/2024 3/25/2024 Reroof: Remove existing and
replace with CertainTeed
Landmark Pro Composition
roofing, Color: Max Def
Weathered Wood
21,760 Roofing San Antonio
3 NE of 12th
240126 3/21/2024 Remove old shake roof and
install new tile roof to main
house only.
47,870 Roofing Torres 2 SW
of 10th
240125 3/20/2024 New ESS: 1 New Tesla
Powerwall 2 5kw, 1 New 200
Amp Gateway
24,495 Electrical Monte Verde
4 NW of
13th
240124 0
240123 3/18/2024 3/20/2024 Reroof. Tear off and
replacement comp shingle
32sqs and install new GAF
HDZ in color Weatherwood.
16,996 Roofing Monte Verde
2 SE of 9th
240122 3/18/2024 3/20/2024 Replace old galvanized water lines with new Copper Type L
in one bathroom, kitchen,
and water heater.
9,500 Plumbing NW Corner
of Lincoln &
8th
240121 3/18/2024 Remove (e) tar and gravel
roof and install new 60 mil
TPO membrane roofing.
4,200 Roofing Mission 2 NE
of 12th
240120 3/18/2024 Repair Storm Damage 250,000 Building Mission 2 SE of 10th
240119 3/18/2024 4/4/2024 Kitchen remodel 91,000 Building Escolle 2 NE of Perry
Newberry
240118 3/15/2024 3/15/2024 Upgrade main electrical panel from 100 amp to 200 amp.
5,000 Electrical Scenic 4 SE
of 10th
240117 VOID AND CLOSED 0
240116 3/15/2024 3/18/2024 Adding solar battery cabinet to pair with existing solar
panels.
27,251 Electrical Carmelo 2
NW of 9th
240115 3/13/2024 Tear off (e) roof, install new
underlayment, install 10
squares of Davinci MultiWidth Slate in color Sonora,
install 8 squares of 50 mil
Durolast in color Tan, remove
and reinstall 17 solar panels,
install copper gutters and
downspouts.
98,755 Roofing Ocean 2 SE
of Forest
Attachment 2
Page: 3 of 4
240114 3/12/2024 3/12/2024 Remove and replace 80k BTU
furnace
14,226 Mechanical NW Corner
of Carpenter
& 6th
240113 3/12/2024 3/12/2024 Replacement of existing
furnace with new.
6,000 Mechanical Junipero 2
NE of 2nd
240112 3/11/2024 3/12/2024 Repairs of damages caused
by tree falling and damaging
garage area. All work to be
repairs in-kind, structural
engineer Christian Lee to
oversee and observe the
project.
38,000 Building Dolores 2
SW of 1st
240111 3/11/2024 Repair of existing 2-story
house. Replace existing glass
sunroom with new wall
framing, roof framing,
windows, and doors. Repair
floor framing from water
damage as required.

Remodel downstairs
bathroom per plan: replace
finishes and plumbing
fixtures.
195,000 Building Santa Fe 2
SW of 4th
240110 3/8/2024 3/12/2024 Interior painting and floor tile replacement for the "glass
house".
0 Exempt
Work
San Carlos 4
NE of 5th
240109 3/8/2024 3/8/2024 Replace water heater with
new Bradford White 40
gallon unit.
2,000 Plumbing Mission 2
SW of 1st
240108 3/8/2024 Replacement of existing
audio speakers in auditorium,
including addition of two new
speaker clusters under
catwalk.
400,000 Electrical Sunset
Center, San
Carlos
between 9th
and 10th
Attachment 2
Page: 4 of 4
240107 3/7/2024 Remodel of guestroom
bathrooms and interior
finishes in building #1.

Alteration of one guestroom
(#14) to comply with
mobility accessibility
standards. Alteration of two
guestrooms (#2 & #14) to
comply with communication
accessibility standards.

Alteration of one singleaccommodation restroom in
the lobby for accessibility
standards. Accessibility
improvements at the existing
guest check-in counter.

Improvements and removal
of barriers along the path-oftravel from the right-of-way and accessible parking to the
hotel lobby/amenities and
new accessible guest room.
195,000 Building SE Corner of
Mission &
7th
240106 3/7/2024 Two story addition including
bathroom to existing SFD. 6
CY of soil disturbance for
footings, no tree removal, no
grading. Addition of 800sf
ADU.
200,000 Building Pine Ridge
Way 3 NE of
Forest
240105 3/7/2024 3/11/2024 Replace main water service
with PRV.
4,000 Plumbing NW Corner
of Carmelo
& 13th
240104 3/6/2024 3/13/2024 Renovation of existing master bath with new cabinetry, tile,
plumbing, electrical, paint
and finish
60,000 Building Santa Rita 4
NW of 2nd
240103 3/6/2024 3/22/2024 Install new energy storage
system. (2) Enphase 5p
batteries. 10kwH total.
18,000 Electrical SW Corner
of Santa Fe
& 1st
240102 3/6/2024 3/6/2024 Replace 100 amp service
with 200 amp.
4,000 Electrical Monte Verde
2 SE of 12th
240101 3/5/2024 3/5/2024 Remove (e) wood shingle
roof and replace with new
CUPA lightweight American
Slate in color Gray.
130,000 Roofing NW Corner
of Casanova
& 9th
240100 3/5/2024 3/14/2024 Replace existing indoor air
handler.
21,945 Mechanical San Carlos
between 9th
and 10th
Total Records: 37 4/5/2024
Attachment 2
Page: 1 of 1
Code Compliance Report
03/01/2024 - 03/31/2024
Case # Case
Date
Status Location Problem
Description
Date
Received
Date Closed
24071 3/28/2024 Open Shed too close to
property line
3/27/2024
24070 3/20/2024 Open Lobos 2 NE of 4th Altering site
coverage
3/19/2024
24069 3/8/2024 1st NOV
sent
Torres 5 NE of 5th Transient Rental 3/8/2024
24060 3/14/2024 Closed Torres 2 SE of 1st Unpermitted
construction
2/13/2024
Total Records: 4 4/5/2024
Attachment 2
Page: 1 of 1
Transient Rental Report
01/01/2024 - 03/31/2024
Case # Street Status Date Received Last Status
Date
Date Closed
24069 Torres 1st NOV sent 3/8/2024 3/8/2024
24067 Carmelo Closed 2/26/2024 3/22/2024 3/22/2024
24051 Rio Closed 2/8/2024 3/5/2024 3/5/2024
24049 8th Closed 2/2/2024 2/20/2024 2/20/2024
24047 Lopez 1st NOV sent 1/29/2024 2/28/2024
24046 2nd STR verified 1/30/2024 2/6/2024
24045 Lobos Closed 1/29/2024 3/6/2024 4/6/2024
24029 7th Closed 1/16/2024 2/26/2024 2/26/2024
24028 Forest Closed 1/16/2024 2/9/2024 2/9/2024
24027 Scenic Closed 1/15/2024 2/8/2024 2/8/2024
Total Records: 10 4/4/2024
Attachment 2
Page: 1 of 3
Encroachment Permit Report
03/01/2024 - 03/31/2024
Permit
#
Permit
Type
Date
Submitted
Project Description Property
Location
Date
Issued
Status
240059 Perm
Ench
3/29/2024 Pursuant to Forest & Beach
Commission approval on 3/14/24 -
Re-landscaping will consist of
replacing much of the current
topsoil/plants in favor of a broad
native plant mix. As estimated 250
plants and 40 boulders will be
distributed across each of the five
islands. Stumps and irrigation will be
removed/replaced. There will be
variation in plant latouts from one
median to the next as to not be
uniform in appearance.

Ocean Ave
Median from
Junipero to
Monte Verde
In
Review
240058 Temp
Ench
3/26/2024 PG&E to replace overhead electrical
equipment. PM# 35122469.

NE Corner of
Monte Verde
& 11th
3/27/2024 In
Review
240057 Temp
Ench
3/25/2024 Reservation of two parking stalls for
vehicle/dumpster placement. Remove
construction debris and haul away.

NOTES: SPACES AUTHORIZED FOR

USE ARE THE TWO SPACES

DIRECTLY ADJACENT TO THE UNIT
EXIT.

SE Corner of
Ocean &
Mission
4/1/2024 Issued
240056 Temp
Ench
3/25/2024 TCP for MH, aerial crossing access,
place and splice fiber cable, no
excavation.

CONDITION: No work allowed on 6th
street on Thursday's due to City
events.
6th from
Junipero to
Mission,
Dolores from
5th to 4th
3/25/2024 Issued
240055 Temp
Ench
3/21/2024 PG&E to replace overhead electrical
equipment. PM# 35122469.

NE Corner
Monte Verde
& 11th
In
Review
240054 Temp
Ench
3/20/2024 Repair 6'x7' asphalt patch for CalAm
Job #1422
SE Corner of
Junipero &
12th
3/20/2024 Issued
240053 Temp
Ench
3/20/2024 Repair 5'x20' asphalt patch for CalAm
Job #0879.

Casanova 5
SE of 4th
3/20/2024 Issued
240052 Temp
Ench
3/18/2024 Restore 5'x6' asphalt patch for
CalAm, job #1423.

NE Corner of
Junipero &
10th
3/20/2024 Issued
Attachment 2
Page: 2 of 3
240051 Temp
Ench
3/18/2024 Closure of street for tree removal. Santa Fe 4 NW of 2nd
In
Review
240050 Temp
Ench
3/18/2024 TCP for MH access to place and
splice fiber cables on Junipero from
7th to 6th, and 4th from Mission to
San Carlos. AT&T job #A02SNA6.

CONDITION: NO WORK ALLOWED
ON 6TH ON THURSDAYS DUE TO
CITY EVENTS.

Junipero
from 7th to
6th, and 4th
from Mission
to San
Carlos.
3/18/2024 Issued
240049 Temp
Ench
3/18/2024 Repair 6'x6' asphalt patch for CalAm
job #1424.

SE Corner of
Dolores &
4th
3/18/2024 Issued
240048 Temp
Ench
3/12/2024 Replace sewer lateral using pipe
bursting.

Lincoln 7 SW
of 13th
3/12/2024 Issued
240047 POD 3/11/2024 Placement of pod in ROW for one
week.

Santa Rita 3
SW of 5th
3/11/2024 Issued
240046 Temp
Ench
3/11/2024 TCP for MH access, splicing fiber
through existing cables, no
excavation. AT&T Job# A02SKB9,
SW Corner
of Junipero
& 7th
3/11/2024 Issued
240045 Perm
Ench
3/8/2024 Replace existing presentation case
with one made from hardwood to
allow display of showbills related to
Sunset Center shows
SE Corner of
San Carlos &
8th
3/11/2024 Issued
240044 Temp
Ench
3/8/2024 Replace 45' of sewer line 16' deep in
the street
Santa Rita 2
NW of 4th
3/8/2024 Issued
240043 Temp
Ench
3/8/2024 TCP For access, splicing fiber,
through existing cable, no
excavation. AT&T # A02SH4A.

Camino Real
Between 8th
& 9th
3/8/2024 In
Review
240042 Temp
Ench
3/7/2024 Excavate a 2'x110' trench to repair
damaged asphalt due to a water
service renewal.

Camino Del
Monte 550'
North of
Junipero
3/7/2024 Issued
240041 Temp
Ench
3/6/2024 Install 60 linel ft. of 6''x6'' asphalt
berm along path way edge to
prevent rain water to go to the
home owner.

Carmelo 4
NE of 4th
3/8/2024 Issued
240040 Temp
Ench
3/6/2024 TCP for MH access to place and
splice fiber cables on Junipero from
7th to 5th, and 4th from Mission to
San Carlos. AT&T job #A02SG6M.

Junipero
from 7th to
5th, and 4th
from Mission
to San
Carlos
3/12/2024 Issued
240039 Temp
Ench
3/5/2024 Propose addition of 140sf crushed
rock from property line to asphalt
curb at edge of pavement to prevent
soil erosion and street tracking.

San Antonio
2 NW of
11th
3/7/2024 Issued
Attachment 2
Page: 3 of 3
240038 Temp
Ench
3/5/2024 PG&E to complete gas ER repairs on
2/02. Excavated a 4'x5' bellhole and
restore. PM# 46178236.

SE Corner of
Scenic & 8th
3/6/2024 Issued
240037 Temp
Ench
3/5/2024 Hazardous material removal and
interior and exterior painting.

NE Corner of
Ocean &
Lincoln
3/6/2024 Issued
240036 Temp
Ench
3/5/2024 Hazardous material removal and
exterior painting.

NE Corner of
San Carlos &
10th
3/5/2024 In
Review
240035 Temp
Ench
3/1/2024 Emergency work to replace sewer
lateral with pipe bursting.

Junipero 1
SE of 7th
3/1/2024 Issued
Total Records: 25 4/5/2024
Attachment 2
Page: 1 of 3
Tree Permit Report
03/01/2024 - 03/31/2024
Permit
#
Permit
Date
Permit Type Location of
Property
Description Status Approved
Date
24080 3/1/2024 Tree Evaluation Mission 3
NW of Santa
Lucia
EVALUATE FOR REMOVAL:

Two (2) Pine trees.

In
Review
24081 3/1/2024 Tree with
Construction
Mission 3 NE
of 10th
Associated Design Studies:

DS 23-120 & 23-383.

EVALUATION: Two (2) Oak
trees (14" & 16"). PRUNING:

One (1) Oak tree branch
(~8"-10" diameter).

REMOVAL: One (1) Oak
tree, 14."
In
Review
24082 3/4/2024 Tree Evaluation Acacia Way EVALUATE: One (1) 75' - 100' Monterey Pine, dead.

Approved 3/8/2024
24083 3/7/2024 Tree
Removal/Pruning
Guadalupe 4
SE of 5th
Removal of 1 Monterey Pine
60-70 tall 34" diameter base
In
Review
24084 3/7/2024 Tree
Removal/Pruning
Santa Fe 3
SW of 8th
Removal of dead tree In
Review
24085 3/7/2024 Tree with
Construction
13th 2 SE of
Lincoln
Associated Planning Permit:

PSA 23-317. Pruning of one
(1) Oak.

In
Review
24086 3/7/2024 Tree with
Construction
Carmelo 3
SW of 7th

ASSOCIATED BUILDING
PERMIT: BP 20-418.

PRUNING: Cypress Tree, 3-4
limbs. REMOVAL: One (1)
Juniper Tree and one (1)
Pittosporum Tree.

In
Review
24087 3/8/2024 Tree
Removal/Pruning
Junipero
Street 2 NE
of 10th
Avenue
PRUNING: One (1) Holly
tree, mature; one (1)
Pittosporum tree, mature.

Approved 3/29/2024
24088 3/11/202
4 Tree
Removal/Pruning
N. Carmelo
5 NW of 4th
Ave.

Removal of One (1)
Redwood tree; size is 22' x
55-60'.

Approved 3/11/2024
24089 3/11/202
4 Tree
Removal/Pruning
Mission 2 SE
of 10th
Remove 1 25" DBH dead
pine back right corner of
property
Approved 3/19/2024
24090 3/12/202
4 Tree
Removal/Pruning
NW Corner
of Santa
Lucia and
San Carlos
Removal of (1) 72"
Monterey Pine. Reason for
removal is tree safety
hazard. Tree is at end of its
life and poses a danger to
life and property.

Approved 3/13/2024
Attachment 2
Page: 2 of 3
24091 3/12/202
4 Tree
Removal/Pruning
Lincoln 2
SW of 9th
Ave
Tree pruning of multiple
trees on property to remove
storm damaged limbs,
deadwood trimming, and
thinning. One lower limb on
cypress tree, 12" dbh, and
other smaller limbs to be
trimmed to thin tree.

Thinning and crown
reduction of two pine trees,
no major limbs to be
removed.

Approved 3/29/2024
24092 3/13/202
4 Tree
Removal/Pruning
Junipero
Southeast
Corner of
11th Ave
Dying Monterey pine
believed to be on city
property
In
Review
24093 3/13/202
4 Tree
Removal/Pruning
3080 Rio
Road
Removal of one Cypress
tree.

Approved
24094 3/14/202
4 Tree
Removal/Pruning
Camino Real
3NW of 8th
One 46" Pine tree In
Review
24095 3/16/202
4 Emergency Tree
Work
Santa Fe, 4
NW of 2nd
Remove pine tree that has
become uprooted and is
falling into the street, power
lines
Approved 3/18/2024
24096 3/19/202
4 Tree
Removal/Pruning
Mission 2SE
of 13th
1 Monterey Cypress 6"+ or -
base
Approved 3/19/2024
24097 3/19/202
4 Tree Evaluation Lincoln 4 SE
of 2nd
One mature Monterey pine,
40+ feet tall
In
Review
24098 3/20/202
4 Tree Evaluation Camino Del
Monte 1 S.E.

Torres St.,
Carmel Ca.
93921
1 Pine Tree, 60-70 feet high
on city property
Approved 3/22/2024
24099 3/21/202
4 Tree
Removal/Pruning
Ne Corner of
Dolores and
Santa Lucia
Pine Tree 30' high Approved 3/21/2024
24100 3/21/202
4 Tree
Removal/Pruning
Mission 2NW
of Vista
2 Monterey Pines (24", 19").

Only 2 pines on property.

Approved 4/4/2024
24101 3/25/202
4 Tree
Removal/Pruning
NW Corner
of 13th &
Monte Verde
2 Mature live Oaks, 16" dbh Approved 3/25/2024
24102 3/25/202
4 Tree Evaluation Casanova
3SE Ocean
Remove tree leaning
towards house
Approved 4/1/2024
24103 3/26/202
4 Tree
Removal/Pruning
Santa Fe
2SW of
Ocean Ave
Tree fell in storm (21"DBH
Acacia), Coast live Oak 12"
DBH
In
Review
24104 3/28/202
4 Tree
Removal/Pruning
NW Corner
of 9th &
Dolores
One Coast Live Oak directly
in front of the house near
front door.

Approved 3/29/2024
Attachment 2
Page: 3 of 3
24105 3/28/202
4 Tree
Removal/Pruning
Junipero 3
NE of 3rd
QTY- 1; 110" Diameter,
Native pine tree
Denied
Total Records: 26 4/5/2024
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%.

CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Safety
March 2024

AMBULANCE REPORT
Summary of Carmel Fire Ambulance March 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 March 2024, the ambulance was unable to meet the performance measure. The response was 92% with (3) code-3 calls over 5 minutes.
40 Calls for service in CBTS Average response time: 4:09 min. 37 Code 3 calls for service –Three calls over 5:00 min. 53 Calls for service outside CBTS
03/16/2024; Franciscan Way (5:03 min response); Delay due to distance from station. 03/26/2024; Guadalupe & 4th; (5:23 min response); Delay due to early morning call. 03/22/2024; Mission & 10th; (5:02 min response); Delay due to early morning call.

MONTEREY FIRE REPORT
Summary of Monterey Fire March 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 March 2024 the fire department was able to meet the performance measure. The response was 95% with (2) code-3 call over 5 minutes.
49 total calls for service in CBTS Average response time: 3:50 min. 38 total Code-3 calls
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Paul Tomasi, Director of Public Safety
APPROVED BY: Chip Rerig, City Administrator
Attachment 3
*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%.
03/14/2024; Casanova & 8th; (5:01 min response) Delay due to distance 03/16/2024; Franciscan Way; (6:03 min response) Delay due to distance

BEACH FIRES
There were two illegal beach fires recorded during the month of March.

Attachment 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Building fire 3/30/2024 5:28 PM 240330-MNT02396 0:04:50 13TH AVE SAN ANTONIO AVE 3 1 0:04:50
Medical assist, assist EMS crew 3/9/2024 12:54 PM 240309-MNT01894 0:02:42 JUNIPERO AVE 8TH AVE 3 Medical assist, assist EMS crew 3/14/2024 11:32 AM 240314-MNT01997 0:03:51 MONTE VERDE ST 13TH AVE 3 Medical assist, assist EMS crew 3/14/2024 3:31 PM 240314-MNT02009 0:05:01 CASANOVA ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/22/2024 1:40 PM 240322-MNT02196 0:00:35 SAN CARLOS ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 3/8/2024 2:56 PM 240308-MNT01876 0:02:00 7TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 3/3/2024 6:45 PM 240303-MNT01768 0:02:02 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 3/22/2024 6:45 PM 240322-MNT02212 0:02:13 MISSION ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/17/2024 5:01 PM 240317-MNT02093 0:02:32 6TH AVE MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 3/30/2024 12:27 PM 240330-MNT02384 0:03:10 MONTE VERDE ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/13/2024 11:22 AM 240313-MNT01973 0:03:12 7TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 3/20/2024 5:47 PM 240320-MNT02154 0:03:21 SCENIC RD 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/26/2024 8:25 AM 240326-MNT02288 0:03:34 TORRES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 3/23/2024 3:41 AM 240323-MNT02222 0:03:41 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/9/2024 1:10 PM 240309-MNT01895 0:03:47 25995 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 3/1/2024 7:14 AM 240301-MNT01706 0:03:51 CAMINO REAL ST 10TH AVE 3 EMS call, excluding vehicle accident with injury 3/29/2024 8:17 PM 240329-MNT02367 0:03:51 25995 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 3/28/2024 8:20 PM 240328-MNT02348 0:03:54 3RD AVE CARPENTER ST 3 EMS call, excluding vehicle accident with injury 3/15/2024 11:50 AM 240315-MNT02023 0:04:04 SAN CARLOS ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/31/2024 1:46 PM 240331-MNT02415 0:04:43 SCENIC RD 11TH AVE 3 EMS call, excluding vehicle accident with injury 3/20/2024 7:06 AM 240320-MNT02147 0:05:39 CRESPI AVE S MOUNTAIN VIEW AVE 2 EMS call, excluding vehicle accident with injury 3/16/2024 11:51 PM 240316-MNT02080 0:06:03 2957 FRANCISCAN WAY 3 21 0:03:31
Motor vehicle accident with no injuries. 3/11/2024 1:34 PM 240311-MNT01935 0:03:28 7TH AVE DOLORES ST 3 1 0:03:28
Chemical spill or leak 3/8/2024 1:02 PM 240308-MNT01873 0:03:10 DOLORES ST 4TH AVE 2

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 03/01/2024 To: 03/31/2024
100 Series (Fires)
300-321 Series (EMS)
322-399 Series (Rescues)
400 Series (Hazardous Material)
24 03 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
Electrical wiring/equipment problem, other 3/22/2024 4:27 PM 240322-MNT02203 0:01:44 SAN CARLOS ST 8TH AVE 3 Electrical wiring/equipment problem, other 3/25/2024 9:08 AM 240325-MNT02271 0:04:27 SANTA RITA ST 2ND AVE 3 Power line down 3/26/2024 5:41 AM 240326-MNT02285 0:05:11 GUADALUPE ST 4TH AVE 2 4 0:03:38
Lock-out 3/13/2024 11:14 AM 240313-MNT01972 0:14:00 SAN CARLOS ST 12TH AVE 2 Water or steam leak 3/31/2024 10:53 PM 240331-MNT02425 0:05:01 LINCOLN ST 2ND AVE 2 Public service 3/2/2024 10:57 AM 240302-MNT01736 0:00:00 PINE RIDGE RD FOREST RD 2 Public service 3/20/2024 8:32 AM 240320-MNT02148 0:00:58 MISSION ST 4TH AVE 2 Public service 3/19/2024 9:08 AM 240319-MNT02132 0:02:18 LINCOLN ST 12TH AVE 2 Public service 3/7/2024 11:44 AM 240307-MNT01853 0:04:04 JUNIPERO AVE 2ND AVE 3 Public service 3/22/2024 12:20 AM 240322-MNT02177 0:05:23 MISSION ST 10TH AVE 2 Dispatched & canceled en route 3/25/2024 12:14 AM 240325-MNT02264 0:04:53 LINCOLN ST 8TH AVE 2 No incident found on arrival at dispatch address 3/18/2024 3:42 PM 240318-MNT02119 0:00:58 CAMINO REAL ST 7TH AVE 3 No incident found on arrival at dispatch address 3/31/2024 2:26 PM 240331-MNT02416 0:01:00 6TH AVE MISSION ST 3 No incident found on arrival at dispatch address 3/15/2024 3:45 PM 240315-MNT02033 0:01:57 6TH AVE MISSION ST 3 No incident found on arrival at dispatch address 3/21/2024 10:48 AM 240321-MNT02163 0:03:28 LOPEZ AVE 2ND AVE 3 EMS call, party transported by non-fire agency 3/18/2024 11:01 PM 240318-MNT02125 0:02:11 MISSION ST 6TH AVE 3 EMS call, party transported by non-fire agency 3/16/2024 8:22 PM 240316-MNT02073 0:02:52 DOLORES ST 7TH AVE 3 14 0:03:30
Heat detector activation due to malfunction 3/19/2024 4:24 AM 240319-MNT02127 0:04:14 OCEAN AVE DOLORES ST 3 Alarm system sounded due to malfunction 3/14/2024 2:56 PM 240314-MNT02006 0:04:03 2 NW 8TH SAN CARLOS AVE 7TH AVE 3 Extinguishing system activation 3/13/2024 10:27 AM 240313-MNT01969 0:02:18 MISSION ST OCEAN AVE 3 Smoke detector activation, no fire - unintentional 3/22/2024 5:02 AM 240322-MNT02181 0:04:56 SAN CARLOS ST 7TH AVE 3 Smoke detector activation, no fire - unintentional 3/30/2024 10:45 AM 240330-MNT02382 0:09:22 13TH AVE SAN ANTONIO AVE 2 Detector activation, no fire - unintentional 3/2/2024 3:31 PM 240302-MNT01741 0:02:15 OCEAN AVE LINCOLN ST 3 Detector activation, no fire - unintentional 3/11/2024 9:36 AM 240311-MNT01930 0:02:23 OCEAN AVE LINCOLN ST 3 Alarm system activation, no fire - unintentional 3/30/2024 2:29 PM 240330-MNT02386 0:02:50 LINCOLN ST 6TH AVE 3 8 0:04:03
Code 2 Calls 11
Code 3 Calls 38
49 95%
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
240314-MNT02009 Delayed due to distance
240316-MNT02080 Delayed due to distance
500 & 600 Series (Service Calls)
700 Series (False Alarms)
400 Series (Hazardous Material) cont.
24 03 Carmel Fire Activity Report.xlsx 2
Type of Call Number Average Response Time
Fire 1 4:50
EMS 21 3:31
Rescue 1 3:28
Hazardous Condition 4 3:38
Service Calls 14 3:30
Severe Weather 0 0:00
False Call 8 4:03
Total Responses 49 3:50
Total Code 3 Calls: 38
Response Times for Code 3
Calls ≤ 5 minutes: 95%

CARMEL-BY-THE-SEA
MARCH 2024
Response Summary Report by Incident Type
Fire
2%
EMS
43%
Rescue
2% Hazardous Condition
8%
Service Calls
29%
Severe
Weather
0%
False Call
16%
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\24 03 Carmel Fire Response Summary.xlsx 4/10/2024 Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
Fire, other 3/30/2024 240330-CFA00364 00:04:55 13TH AVE SAN ANTONIO AVE 3 1 0:04:55
300-321 Series (EMS)
EMS call, excluding vehicle accident with injury 3/1/2024 240301-CFA00266 00:04:43 CAMINO REAL ST 10TH AVE 3 EMS call, excluding vehicle accident with injury 3/3/2024 240303-CFA00272 00:02:14 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 3/8/2024 240308-CFA00283 00:01:58 LINCOLN ST 7TH 3 EMS call, excluding vehicle accident with injury 3/9/2024 240309-CFA00286 00:02:11 JUNIPERO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/14/2024 240314-CFA00298 00:02:50 MONTE VERDE ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 3/14/2024 240314-CFA00300 00:01:53 CASANOVA ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/15/2024 240315-1553-CARMEL 00:01:00 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 3/16/2024 240316-CFA00306 00:01:36 DOLORES ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/16/2024 240316-CFA00308 00:05:03 2957 FRANCISCAN WAY 3 EMS call, excluding vehicle accident with injury 3/17/2024 240317-CFA00310 00:01:32 6TH AVE MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 3/18/2024 240318-CFA00316 00:01:26 CAMINO REAL ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/18/2024 240318-CFA00318 00:02:15 MISSION ST 6TH AVE 3 EMS call, excluding vehicle accident with injury 3/20/2024 240320-CFA00321 00:04:16 CRESPI AVE S MOUNTAIN VIEW AVE 3 EMS call, excluding vehicle accident with injury 3/20/2024 240320-CFA00324 00:03:01 SCENIC RD 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/20/2024 240320-CFA00326 00:04:53 26217 ISABELLA AVE 3 EMS call, excluding vehicle accident with injury 3/22/2024 240322-CFA00334 00:01:09 SAN CARLOS ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 3/22/2024 240322-CFA00337 00:01:22 MISSION ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/22/2024 240322-CFA00333 00:04:31 SAN CARLOS ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/23/2024 240323-CFA00338 00:04:05 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/25/2024 240325-CFA00342 00:04:05 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 3/25/2024 240325-CFA00343 00:04:31 DOLORES ST VISTA AVE 3 EMS call, excluding vehicle accident with injury 3/26/2024 240326-CFA00346 00:04:00 TORRES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 3/28/2024 240328-CFA00357 00:04:00 3RD AVE CARPENTER ST 3 EMS call, excluding vehicle accident with injury 3/29/2024 240329-CFA00358 00:04:42 2ND AVE DOLORES ST 2 EMS call, excluding vehicle accident with injury 3/29/2024 240329-CFA00359 00:03:01 25995 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 3/30/2024 240330-CFA00361 00:02:55 MONTE VERDE ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 3/31/2024 240331-CFA00369 00:04:07 SCENIC RD 11TH AVE 3 EMS call, excluding vehicle accident with injury 3/31/2024 240331-CFA00370 00:03:55 6TH AVE MISSION ST 3 28 0:03:07

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 03/01/2024 To: 03/31/2024
24 03 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
400 Series (Hazardous Material)
Hazardous condition, other 3/7/2024 240307-CFA00279 00:04:18 JUNIPERO AVE 2ND AVE 3 Hazardous condition, other 3/22/2024 240322-CFA00336 00:03:04 SAN CARLOS ST 8TH AVE 3 Hazardous condition, other 3/25/2024 240325-CFA00344 00:04:34 SANTA RITA ST 2ND AVE 3 Hazardous condition, other 3/26/2024 240326-CFA00345 00:05:23 GUADALUPE ST 4TH AVE 3 Chemical spill or leak 3/8/2024 240308-CFA00282 00:04:09 DOLORES ST 4TH AVE 2 5 0:04:18
500 & 600 Series (Service Calls)
Water or steam leak 3/31/2024 240331-CFA00372 00:05:07 LINCOLN ST 2ND AVE 2 Assist invalid 3/22/2024 240322-CFA00332 00:05:02 MISSION ST 10TH AVE 3 2 0:05:05
700 Series (False Alarms)
False alarm or false call, other 3/11/2024 240311-CFA00290 00:02:28 OCEAN AVE LINCOLN ST 3 False alarm or false call, other 3/19/2024 240319-CFA00319 00:04:07 OCEAN AVE DOLORES ST 3 False alarm or false call, other 3/21/2024 240321-CFA00328 00:03:31 LOPEZ AVE 2ND AVE 3 Smoke detector activation, no fire - unintentional 3/30/2024 240330-CFA00362 00:03:24 LINCOLN ST 6TH AVE 3 4 0:03:23
Code 2 Calls 3
Code 3 Calls 37
40 92%
Total Average Response Time 0:04:09
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
240316-CFA00308 Delayed due to distance
240326-CFA00345 Delayed due to early morning response
240322-CFA00332 Delayed due to early morning response
24 03 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 3/4/2024 240304-CFA00273 00:12:24 183 SAN REMO RD 3 1 0:12:24

CARMEL VALLEY
EMS call, excluding vehicle accident with injury 3/8/2024 240308-CFA00281 00:07:53 288 HACIENDA CARMEL 3 Dispatched & canceled en route 3/15/2024 240315-CFA00303 00:20:48 53 E CARMEL VALLEY RD 2 2 0:14:20

CYPRESS
EMS call, excluding vehicle accident with injury 3/1/2024 240301-CFA00267 00:06:51 5 CROSSROADS MALL 3 EMS call, excluding vehicle accident with injury 3/2/2024 240302-CFA00269 00:04:50 3771 RIO RD 3 EMS call, excluding vehicle accident with injury 3/3/2024 240303-CFA00271 00:05:29 2643 15TH AVE 3 EMS call, excluding vehicle accident with injury 3/5/2024 240305-CFA00275 00:07:24 3523 MESA CT 3 EMS call, excluding vehicle accident with injury 3/5/2024 240305-CFA00276 00:06:51 26245 CARMEL RANCHO BLVD 2 EMS call, excluding vehicle accident with injury 3/7/2024 240307-CFA00280 00:06:54 24525 OUTLOOK DR 3 EMS call, excluding vehicle accident with injury 3/9/2024 240309-CFA00285 00:07:04 3771 RIO RD 2 EMS call, excluding vehicle accident with injury 3/9/2024 240309-CFA00287 00:04:10 3001 LASUEN DR 3 EMS call, excluding vehicle accident with injury 3/9/2024 240309-CFA00288 00:07:11 26249 OCEAN VIEW AVE 3 EMS call, excluding vehicle accident with injury 3/11/2024 240311-CFA00291 00:04:44 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 3/12/2024 240312-CFA00292 00:04:47 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 3/12/2024 240312-CFA00293 00:05:34 3262 TAYLOR RD 3 EMS call, excluding vehicle accident with injury 3/13/2024 240313-CFA00296 00:04:21 275 CROSSROADS BLVD 3 EMS call, excluding vehicle accident with injury 3/14/2024 240314-CFA00297 00:05:44 24603 LOWER TRL 3 EMS call, excluding vehicle accident with injury 3/15/2024 240315-CFA00301 00:04:22 24576 PORTOLA RD 3 EMS call, excluding vehicle accident with injury 3/15/2024 240315-CFA00302 00:08:22 174 HACIENDA CARMEL 3 EMS call, excluding vehicle accident with injury 3/16/2024 240316-CFA00304 00:07:11 48 HWY 1 3 EMS call, excluding vehicle accident with injury 3/16/2024 240316-CFA00305 00:06:52 1518 PALMERO WAY 3 EMS call, excluding vehicle accident with injury 3/17/2024 240317-CFA00311 00:05:35 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 3/18/2024 240318-CFA00313 00:05:47 2567 16TH AVE 3 EMS call, excluding vehicle accident with injury 3/18/2024 240318-CFA00314 00:05:21 26135 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 3/20/2024 240320-CFA00322 00:07:21 2718 PRADERA RD 3 EMS call, excluding vehicle accident with injury 3/21/2024 240321-CFA00329 00:05:57 4380 CARMEL VALLEY RD 3 EMS call, excluding vehicle accident with injury 3/21/2024 240321-CFA00327 00:07:40 3850 RIO RD 2 EMS call, excluding vehicle accident with injury 3/21/2024 240321-CFA00330 00:05:22 3645 RIO RD 3 CYPRESS cont.

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 03/01/2024 To: 03/31/2024
24 03 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
EMS call, excluding vehicle accident with injury 3/21/2024 240321-CFA00331 00:06:33 25682 CARMEL KNOLLS DR 3 EMS call, excluding vehicle accident with injury 3/27/2024 240327-CFA00351 00:03:04 3600 OCEAN AVE 3 EMS call, excluding vehicle accident with injury 3/28/2024 240328-CFA00354 00:00:44 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 3/28/2024 240328-CFA00353 00:07:53 4000 RIO RD 3 EMS call, excluding vehicle accident with injury 3/28/2024 240328-CFA00355 00:03:25 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 3/27/2024 240327-CFA00349 00:05:16 26126 CAMINO REAL 3 EMS call, excluding vehicle accident with injury 3/28/2024 240328-CFA00356 00:08:21 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 3/27/2024 240327-CFA00350 00:02:12 3600 OCEAN AVE 3 EMS call, excluding vehicle accident with injury 3/31/2024 240331-CFA00368 00:05:56 4000 RIO RD 3 EMS call, excluding vehicle accident with injury 3/30/2024 240330-CFA00360 00:06:43 3745 RAYMOND WAY 3 Motor vehicle accident with injuries 3/26/2024 240326-CFA00347 00:05:47 HWY 1 S CARMEL HILLS DR 3 Swift water rescue 3/18/2024 240318-CFA00315 00:08:41 CALLE LA CRUZ RIBERA RD 3 Assist invalid 3/5/2024 240305-CFA00277 00:06:45 173 DEL MESA CARMEL 3 False alarm or false call, other 3/24/2024 240324-CFA00341 00:06:21 HWY 1 RIO RD 3 39 0:05:53

MID COAST
EMS call, excluding vehicle accident with injury 3/14/2024 240314-CFA00299 00:29:24 37723 PALO COLORADO RD 3 1 0:29:24

MONTEREY
EMS call, excluding vehicle accident with injury 3/3/2024 240303-CFA00270 00:11:11 200 IRIS CANYON RD 3 EMS call, excluding vehicle accident with injury 3/5/2024 CFA00278 00:13:00 1575 SKYLINE 3 EMS call, excluding vehicle accident with injury 3/13/2024 240313-CFA00295 00:00:44 665 MUNRAS AVE 3 EMS call, excluding vehicle accident with injury 3/22/2024 240322-CFA00335 00:11:52 543 RAMONA AVE 3 False alarm or false call, other 3/23/2024 240323-CFA00340 00:06:35 467 ALVARADO ST 3 5 0:08:40

PEBBLE BEACH
EMS call, excluding vehicle accident with injury 3/1/2024 240301-CFA00268 00:07:26 1217 BRISTOL LN 3 EMS call, excluding vehicle accident with injury 3/20/2024 240320-CFA00325 00:10:10 3075 STRAWBERRY HILL RD 3 EMS call, excluding vehicle accident with injury 3/27/2024 240327-CFA00352 00:10:25 1400 CANTERA CT 3 EMS call, excluding vehicle accident with injury 3/31/2024 240331-CFA00371 00:13:25 SPYGLASS HILL RD STARBOARD TRL 3 4 0:10:21

SEASIDE
EMS call, excluding vehicle accident with injury 3/31/2024 240331-CFA00367 00:11:26 1630 JUDSON ST 3 1 0:11:26
Code 2 Calls 4
Code 3 Calls 49
53 Total Average Response Time 0:13:21
Total # of Incidents
24 03 CFA Activity Report.xlsx 2
District Response Number Average Response Time
Carmel-By-The-Sea 40 4:09
Carmel Highlands 1 12:24
Carmel Valley 2 14:20
Cypress 39 5:53
Mid Coast 1 29:24
Monterey 5 8:40
Pacific Grove 0 0:00
Pebble Beach 4 10:21
Seaside 1 11:26
Total Responses 93 8:24
Total Code 3 Calls: 37
CFA Response Times for Code 3
Calls ≤ 5 minutes: 92%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
MARCH 2024
Response Summary Report by District Type
Carmel-By-The-Sea
43%
Carmel Highlands
1%
Carmel Valley
2%
Cypress
42%
Mid Coast
1%
Monterey
6%
Pacific Grove
0%
Pebble Beach
4%
Seaside
1% 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\24 03 CFA Response Summary.xlsx 4/10/2024 City Clerk PRA Log
March 2024
request
number
Date
Requested
10-day
response
date
14-day
extension
due date
records requested requestor
date
completed
notes
2024-24 3/4/2024 3/14/2024
copies of letters sent from Councilmember Ferltio
to the Carmel Post Office regarding street
addresses, and any response.

Nancy Twomey 3/4/2024 records sent
2024-25 3/4/2024 3/14/2024
email Karen Ferlito received from the USPS
regarding house numbers Mary Schley 3/4/2024 records sent 2024-26 3/8/2024 3/28/2024
All records related to construction on real property
called "white sands" located at Scenic Rd, 9 SW of
Ocean Ave. Including the following: 1) all
communications, emails, attachments, texts, etc.
2) all permits, applications. 3) all plans, 4) plan
checks, 5) all calculations related to the project, 6)
all reports, 7) all payments to the City, 8) dates or
logs of site visits to White Sands related to the
project
Subpoena for
records served
3/8/24,
20CV003018, for
Richard Moley,
Plaintiff
4/1/2024 records ready for pick up on
4/1/2024
2024-27 3/13/2024 3/25/2024
All texts sent and received by Councilmember
Alissandra Dramov during the Carmel City Council
meeting on March 5, 2024.

Any emails sent or received by Dramov concerning
the housing element, from Feb. 26, 2024 - March 5,
2024.

Pam Marino 3/21/2024 records sent
2024-28 3/14/2024 3/25/2024 The code that governed construction (in Carmel-bythe-Sea) in 1939 Laura Sanders 3/14/2024 Sent response and copy of
Ordinance No. 183 (adopted
in 1937)
2024-29 3/19/2024 3/29/2024
bid tabulation and contract award information AS
IT IS AVAILABLE for Mission Trails Nature Preserve,
3 Stream/drainage Project Bid Date: 03/19/24
North American
Procurement
Council
3/20/2024 sent copy of bid tabulation.

No contract awareded yet.
2024-30 3/20/2024 4/1/2024 4/15/2024
correspondence and records related to a Public
Works vehicle, the Gardener's truck, Dodge Dakota
2001, from late 2022 through Feb. 2024."
Andrew Ciscel 4/5/2024
Correspondence sent
4/5/2024, requested an
extension to April 15
2024-31 3/21/2024 4/1/2024 most recent employment contract for your Town / City Manager (or the most similar position to this).

The Institute for
Sunshine Law and
Open Data
3/21/2024 records sent
2024-32 3/19/2024 3/29/2024
"In order to avoid utility conflicts for our clients, we would like to obtain BOTH Map or list of streets
under paving moratorium AND Map or list of
planned paving projects"
Barndon Cohen 3/19/2024 response sent
2024-33 3/18/2024 3/28/2024
I am looking for the year built for the fifth house on
the Eastern Street between 4th and 5th Avenue.

Additionally, I am requesting any documentation
you have regarding an exterior stairway.

Laura sanders 3/19/2024 no responsive records, sent
email to requester.
2024-34 3/18/2024 3/28/2024
I am looking for the year built of the following
premises: Lincoln Street & 5th Street, Carmel, CA
93921.

Additionally, if you could provide me with the
Ordinance that adopted the building code for the
year built for this property.

Laura Sanders 3/19/2024
address is incomplete. Sent
email to requester to provide
a full address so we can
process the request.
2024-35 3/26/2024 4/5/2024 zoning or land use Shapefile/Geodatabase for the city. Andy Minor 4/5/2024 GIS shapefile sent 4/5/2024
Attachment 4
Police Records Request Log
March 2024
Request No.

Request Date &
Received By
10-Day Due
Date Requestor Info Requested Status Date & PSO Mailed
2023-0001 3/5/2024 ALI 3/15/2024 Hutchings, David CG2400092 completed released at counter 3/8 jk 2023-0002 03/11/2024 ALI 3/21/2024 LexisNexis CC2400054 completed mailed 03/12/24 mw 2023-0003 03/11/2024 ALI 3/21/2024 LexisNexis CA2400054 completed mailed 03/12/24 mw 2023-0004 3/19/2024 ALI 3/29/2024 Ferrari, Marta In car video CA2300580 2023-0005 3/22 JK 4/1/2024 Fawzi Alnazer CG15000514 completed released at counter 3/25 ALI 2023-0006 3/26/2024 4/5/2024 METROPOLITAN REPORTING CC2300487 completed MAILED 03/27/24 MW Attachment 4

CITY OF CARMEL-BY-THE-SEA
Public Works Department
March 2024 Report
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: April 1, 2024
APPROVED BY: Chip Rerig, City Administrator
City Council Special Meeting of March 4, 2024
• Adopted Resolution 2024-014 accepting donations valued at $148,814 plus 5,958 volunteer hours from Carmel Cares, and approving a budget amendment to the Fiscal Year (FY) 2023/24 Adopted Budget.
• Adopted Resolution 2024-015 approving Amendment No. 2 to the Professional Services Agreement (PSA) with EMC Planning/Integral Corp./Haro Kasunich, in the amount of $450,000 - fully funded by a Coastal Commission Local Program Grant - for the Coastal Engineering Study, Phase 2. • Resolution 2014-015 also reallocated $100,000 previously earmarked for the Coastal Engineering Study, Phase 2 to the Shoreline Infrastructure Repairs Capital Improvement Project.

City Council Meeting of March 5, 2024
• Approved Mid-Year Budget Amendments to the FY 2023/24 Adopted Budget with the following augmentations for Public Works: $200,000 for additional dangerous tree and stump removals, $28,000 to replace a roll up door in the garage, $20,000 for additional North Dunes habitat restoration services, and $13,000 towards structural design of the San Antonio Pedestrian Pathway repairs. • Public Works Director presented the first review of the Capital Improvement Program which included:
o 15 capital improvements and 14 operating budget projects completed in FY 2023/24. o 4 projects recommended to be cancelled or modified.
o 15 projects funded in (or prior to) FY 2023/24 recommended to be carried over, with remaining funds, into FY 2024/25.
o 6 carry-over paving, drainage, and facility renovation projects that require supplemental funding of $1.7M for construction.
o 6 potential new projects funded by the Vehicle and Equipment Fund. o 13 potential new projects funded by the Capital Improvement Fund. o An introduction of the updated 5-year Capital Improvement Plan (FY 2024/25 through 2028/29).

Forest and Beach Commission Meeting of March 14, 2024
• Police Chief Tomasi discussed the criteria of when we need to close the beach and access stairs during storms, coordinating emergency services with the County, and FEMA funding. • Introduced plans and vendors for the Second Annual Earth Day/Arbor Day/Community Day event to be held at Devendorf Park on Saturday, April 20th.
• Received a presentation from Integral Corp/EMC regarding Tasks 3 and 4 of the Coastal Engineering Study, Phase I, which included their findings regarding sea level rise impacts to the shoreline, coastal erosion, and vulnerable infrastructure.
• Approved the landscaping plan prepared by MPC Professor Alan Wheat and proposed by Carmel Cares for the Ocean Avenue Median Landscaping Project, a joint project with Public Works. • City Forester introduced the draft Tree Palette for the Urban Forest Master Plan (UFMP). The new tree list is much more comprehensive in species diversity than the existing list to adapt to climate change, provides more detailed information about each species, and is displayed in tabular, rather than narrative, format for easier side-by-side comparisons. The UFMP Steering Committee and interested stakeholders will provide written feedback on the Tree Palette prior to its approval. • The City Forester presented the Forester’s Report for February 2024.

Attachment 5
Public Works Department Report – March 2024

• The Public Works Director presented the Public Works Department Report for February 2024 which included an update of the five concrete beach access stairs and one wooden stair to be repaired and re-opened by Public Works within the next two months authorized by Emergency Coastal Development Permits.

Library Board of Trustees Meeting of March 20, 2024
• The Library and Public Works Directors presented an overview of the Library Master Plan for the Harrison Memorial and Park Branch Libraries, highlighting the condition assessments of both facilities.

City Council Special Meeting of March 26, 2024
• Received a presentation from Integral Corp/EMC recapping Tasks 1-4 of the Coastal Engineering Study, completing Phase I services.
• Public Works Director presented the second review of the Capital Improvement Program for FY 2024/25, included responses to questions and project changes since the March 5th meeting. Council tentatively approved:
o 4 projects to cancel or modify.
o Carry over of 15 projects funded in (or prior to) FY 2023/24 with remaining funds, into FY 2024/25. o Supplemental funding for 6 carry-over paving, drainage, and facility renovation projects for construction.
o 6 new vehicle and IT projects funded by the Vehicle and Equipment Fund. o Tentatively 12 of 13 new projects funded by the Capital Improvement Fund, although several projects require additional review and consideration.

City Council Strategic Planning Workshop of March 28, 2024 • Council reviewed the status of, solicited public comments on, and provided direction to staff on 11 Public Works-oriented Strategic Priorities: Stormwater Ordinance Update, Volunteer Groups Facilitation, Wildfire Risk Plan, Urban Forest Master Plan, Increase Beautification Efforts, Facility Maintenance Projects/Plan, Rule 20A Underground Utilities, Scout House Renovation, Coastal Engineering Study/Climate Committee, Police Building Project, and City-wide Utility Undergrounding.

Administration
• Prepared staff report for March 26th Council special meeting for the second review of the Capital Improvement Program for FY 2024/25. Report included responses to 15 questions asked during the first review on March 5th, 5 projects that were revised, and an updated presentation. • Updated the Strategic Priorities tracking sheet for 11 Public Works initiatives for the March 28th Council Workshop.
• Reviewed the Library Master Plan prepared by Jayson Architects, and prepared a presentation for the Library Board of Trustees meeting of March 20th.
• Coordinated the draft Operating Budget requests for five Public Works divisions for FY 2024/25. • Updated a list of 30 potential Council Agenda reports for Public Works projects and operations for the months of April through August 2024.
• At the TAMC Technical Advisory Committee meeting, the recent, State-mandated no parking within 20- feet of crosswalks per AB 413 was discussed. It was noted that other local cities are facing challenges implementing the regulation since most intersections are unique. Subsequently met with the City Attorney, and began planning a pilot project with the Police Chief. • For the Maintenance Worker vacancy, the top 4 finalists were interviewed by the Department and a selection was made. A tentative offer letter was issued, and a background check will be underway. • Met with Carmel High School student to assist with a bike lane for the May Mock Council meeting. • Met with Wave Broadband regarding their public outreach efforts prior to Council reconsideration of the Encroachment Permit with Special Conditions of Approval for their fiber optic project. Also received City Attorney’s office legal opinion about approval of the permit. • Attended League of Cities’ Public Works Officer’s Institute sessions on qualifications-based selection process, Pismo Beach beautification program, composting per SB 1383, and electric fleet conversion.

Attachment 5
Public Works Department Report – March 2024

Carmel Cares and Other Volunteer Groups
• 48 Carmel Cares volunteers attended the March 4th Council meeting for acceptance of 2023 donations, and were recognized for their efforts.
• Carmel Cares presented the Ocean Avenue Median Islands Landscaping Project at the Forest and Beach Commission meeting and was granted approval. Preparations underway for material purchases and installation starting in late April.
• Installed a decorative show bill display case for Sunset Center at San Carlos Street and Eighth Avenue. • “Downtown Detail” volunteers continued to clean and improve the downtown area. • “Median Minders” volunteers continued to improve medians across the Village. • Cindy Lloyd weeded, spread chips, and improved the areas between the Randall Bishop and Robert Bugers memorial benches in the Mission Trail Nature Preserve (MTNP).

Environmental Programs
• For the Coastal Engineering Study, Phase 2, Amendment No. 2 to the PSA with EMC Planning/ Integral Corp./Haro Kasunich was executed, and the Notice to Proceed was issued. A kickoff meeting was held to coordinate initial Phase 2 tasks which include adaptation strategies and public outreach. • Prepared project descriptions regarding repairs to concrete and wood beach access stair repairs as required for issuance of two Emergency Coastal Development Permits. • Prepared a poster and continued to coordinate with organizations/vendors for the second annual Earth Day, to be held in conjunction with Arbor Day and Community Day, on April 20th. • Purchased lumber for the split rail fence to be installed by Public Works crews at the boundary of the North Dunes Habitat Restoration site along Ocean and San Antonio Avenues. • Prepared a CEQA Notice of Exemption for the Cal Am Dolores Waterline Project. • Provided stormwater quality training to the Police Department personnel. • Received approval to post the vacant Environmental Administrative Technician/Analyst position. • Friday Letter public service announcements included:
o World Water Day on March 22nd
o Composting
o Edible Food Recovery Program and food waste diversion from landfills Facility Maintenance
• As part of the ADA Upgrade Project Year 6 (CIP), ADA-compliant railings for the Harrison Memorial Library were inspected and started to be installed.
• Accepted quote to rebuild the electrical panel next to the Ocean/Juniper Christmas tree as part of the Electrical Panel Project (CIP). Purchase Order and permit are in progress. • Approved quote and issued Purchase Order and permit to add additional electrical circuits to the backup generator at the Park Branch Library to provide for heating and additional power receptacles to accommodate storm shelter facilities during power outages. • Coordinated with Pac Rep for installation of a 220-volt receptacle for welding apparatus next to the Forest Theater stage, and obtained a permit. Paid for by Pac Rep. • A contractor replaced steel doors for janitor closets at Devendorf and First Murphy Park restrooms. • Accepted quote, and processed Purchase Order and permit for contractor installation of new evidence lockers into a non-bearing wall in the Police Station. • Investigated and fixed a water leak at the Flanders Mansion driveway which impacted water service to the Lester Rowntree Native Plant Garden.
• A replacement of the rusted and failed steel light pole in the Sunset Center north parking lot was fabricated, delivered and installed by staff.
• A contractor is expediting repairs to a leaking flange in the main backflow device for water service into Sunset Center.
• Purchased lumber and ordered new handrails for repairs at the Martin Way wooden beach access stairs.
• Started to obtain quotes for epoxy coating and painting of the garage bay floor in the Fire Station.

Attachment 5
Public Works Department Report – March 2024

Project Management for the Capital Improvement Program
4 Leaf Projects:
• On March 29th, the Carmel Police station was open for public tours, and was followed by a tour of the new police station in the City of Salinas.
• Received proposals from Indigo Architects to present the Police Building Condition Assessment to the City Council at an upcoming meeting.

Ausonio, Inc. Projects:
• For the Sunset Center North Wing and Harrison Memorial Library Exterior/Interior Painting Project, Color New Co. mobilized to the jobsites, began hazardous materials abatement, and prepared for painting the exterior of Sunset Center and the staff area in the basement of the library. • Ausonio submitted 90% contract documents for re-bidding of the Sunset Center Cottage Window Repairs Project. This Project will be “shovel ready” for bidding in August should additional CIP funding be allocated for construction, as anticipated.
• For the Sunset Center Retaining Walls Repair Project, met with ZFA Structural Engineers (ZFA) to review their approach to repairs and 30% drawings. Design is now progressing to 90% completion.

Two additional small walls were added to the project for an additional design fee of $3,800. • For the San Antonio Pathway Repair Project, Second to Fourth Avenues, met with ZFA to review 30% design and approach to repairs. The proposed design requires excavation and reusing all 44 existing, buried concrete piers, constructing pier caps, erecting columns, replacing lagging, installing drainage, restoring the pathway, and reinstalling a grape stake fence. Construction cost estimate increased to $550,000. Design also now progressing to 90% completion. • For the Sunset Center Portico Design Project, Ten Over Studio submitted a fourth, hybrid concept design and rendering. The design concepts are being routed for review comments. • As a new, on-call service, requested Ausonio to obtain a proposal from ZFA to prepare a structural condition assessment report for the Lincoln Street/Fourth Avenue wooden trestle bridge.

Wallace Group Projects:
• For the FY 2022/23 Concrete Streets Repair Project, BKF Engineers completed their final plans, specifications, and cost estimates. These shovel-ready plans will be shelved until construction funding is available; however, the San Antonio/Ocean Avenue intersection, which was included in these plans, will be extracted and added to the FY 2023/24 Paving project for construction in FY 25. • For the FY 2023/24 City-wide Paving Project, Wallace Group is nearly 50% complete with the design of the project and rapidly progressing to the 65% submittal for City review in April. Staff will meet with Wallace Group to initiate a proposal to incorporate 4 bid additives not awarded from the FY 222 Paving Project plus the San Antonio/Ocean Avenue intersection into the plans and specifications package with the FY 24 Paving Project. The combine street improvement project cost estimate is $2.8M.
• For the Shoreline Infrastructure Repair Project, the Request for Proposal to hire an engineering firm with shoreline expertise was completed. The RFP will be issued as soon as possible, pending staff capacity.

Additional Capital Improvement Projects:
• For the MTNP Tank and Pump House Removal and Well Decommissioning Project, the Notice of Completion was recorded at the County Recorder. Final payment of retention to the contractor will close out this project.
• For the $1.14M, FY 22 City-wide Paving Project, Monterey Peninsula Engineering (MPE) reconstructed four large sidewalks along Mission Street, Fourth to Fifth Avenues and between Fifth and Sixth Avenues, along Dolores Street, from Fifth to Sixth Avenues, and along San Carlos Street, north of Fourth Avenue. Thermoplastic striping and markings were also applied to the recently-overlaid streets. The project will advance into the final third phase in April. • For the MTNP 3 Drainage Projects, which includes drainage piping near the Rio Road entrance, an 85-foot boardwalk over a bog, and reconstruction of a large swale, seven bids were received at a Attachment 5
Public Works Department Report – March 2024

public bid opening held on March 19th. The low bid, submitted by MPE, was below the cost estimate.

Also continued negotiations with Dudek to reduce their environmental monitoring proposals for during and post construction as required by the three regulatory agency permits. Supplemental funding for FY 2024/25 is required to complete all three portions of the project. • For the 4 City-wide Drainage Improvement Projects, the 90% design of the outlet pipe at the south end of Santa Fe Street, south of Eighth Avenue, was adjusted to fit into a proposed easement through a private landscaped area, to allow for the drainage line to discharge into the MTNP creek. A plat and legal description are being prepared for further right-of-way discussions with the property owner. • Met with Cal Am Water to prepare a staff report for the April 1 Council meeting for approval of an Encroachment Permit with Special Conditions of Approval, and to review their presentation regarding their Dolores Waterline Replacement Project.
• For the Vista Lobos Parking Lot EV Charging Station Project, a $14k proposal by Advance Design Consultants was within the PSA contingency budget and authorized. This extra work will provide for the design of the Vista Lobos building electrical panel replacement, a safety hazard identified in the Electrical Panel Upgrades Project, and will be included into the EV Charging Station construction documents. Design is underway.

Street Maintenance
• For the concrete beach access stairs at Eighth, Tenth South, Eleventh, and Thirteenth Avenues and Santa Lucia Avenue: crews replaced loose stones and pavers, repaired broken concrete areas, fixed handrails, and posted new “beach stairs open – use caution” signs. Punchlist items are in progress, but the work is expected to be fully completed ahead of schedule! • Repaired a sinkhole and damage to a storm drain culvert at Monte Verde Street and Fourth Avenue. • Began installation of the post and rail fencing along Ocean and San Antonio Avenues at the boundary of the North Dunes Habitat Restoration site.
• Installed a convex mirror on a power pole at the southwest corner of Santa Fe Street and Mountain View as requested by the Traffic Safety Committee (TSC). • Prepared No Parking posts for Dolores Street 2 southeast of Vista Avenue, across from the Stevenson School driveway, and for the east side of San Antonio Avenue just north of Eleventh Avenue, also as requested by the TSC.
• For the Carmel Lodge development project, issued a change order to paving contractor MPE to install cobblestone curb along a portion of San Carlos Street north of Fifth Avenue. • Set up the stage in Devendorf Park as the “Third Thursday” events resumed in March. • Continued making priority sidewalk repairs.
• Ordered traffic paint for the Annual Traffic Painting Program to commence in April.

Forestry, Parks, and Beach (Forester’s Report)
• Status of the Urban Forest Master Plan (UFMP):
o The first draft of the UFMP prepared by Davey Resource Group (DRG) was expected in December, but it continues to be delayed. It is now expected in April. Meeting with DRG on April 4th to get final details hammered out for delivery.
o A more thorough review of the UFMP Community Survey results is planned for the April Forest and Beach Commission meeting.
o Logistics and topics for the second UFMP Public Workshop, scheduled for May 22nd at Sunset Center, will also be reviewed at the April meeting.
• In March, Forestry crews planted 40 new trees, (including 21 Monterey pines), picked up 6 piles of storm-damaged trees and branches, removed 5 fallen, dead or hazardous trees, pruned 5 trees, and removed 3 stumps.
• The 3 tree contractors removed 13 dangerous trees and 8 stumps under contract Task Orders. • Prepared Change Orders #3 for the three tree contractors and prepared the Staff Report and Resolution for the April 1 Council meeting for approval of these Change Orders for a total increase of $400,000 - $200,000 from a Mid-Year budget augmentation plus $200,000 reserved in the Forestry operating budget for storm response and MTNP tree work.

Attachment 5
Public Works Department Report – March 2024

• Prepared Staff Report and Resolution for the April 2nd meeting for Council to declare a dead tree on private property, at the southeast corner of Casanova Street and Eleventh Avenue, a public nuisance and hold the first of two Public Hearings as required by the Carmel Municipal Code. • Landscape maintenance work across the City continues to be fully engaged by Town & Country.

Preparing to allocate remaining funds for spring weed abatement and/or invasive species removal. • Coordinated with the Leadership Carmel Class of 2024 to guide submittals and process the Encroachment Permit required for their Scenic Pathway Overlook Legacy Project, as approved by the Forest and Beach Commission.
• Completed the transition of tree permit applications intake processing from the Community Planning and Building counter to Public Works/Forestry. Outlined methods to streamline the process further over the coming months.
• Removed Angel Trumpet plants on San Antonio Avenue, southwest of Second Avenue, in preparation for upcoming Woolly Bush plantings.

Tree
permits
received
Tree
permits
Issued
Site
Inspections
Performed
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 17 12 1 4 8 6 2 5 1 0 2 6
February 49 21 4 6 21 11 10 3 3 0 0 6
March 26 20 3 5 27 14 13 4 7 0 0 11
April
May
June
July
August
September
October
November
December
2024 Totals 92 53 8 15 56 31 25 12 11 0 2 23
2024 Permitted removals, pruning, and required planting . Permit Information
Attachment 5
Public Works Department Report – March 2024

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
2024* 12 11
*year to date
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
2024 56 31 25 23 12 11 41.07% 64
Attachment 5
Public Works Department Report – March 2024

*Numbers only represent correspondences received via the City’s website and do not incude live calls, voicemails, drop-in visitors, and emails sent directly to employees from residents, nor return calls and emails from staff.

City Forestry, Parks, and Beach Activities
Attachment 5

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: March 2024 Check Register Summary
RECOMMENDATION:

Approve the check register for March 2024.

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 February 2024. 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 March 2024, totals $2,569,918.69.

PRIOR CITY COUNCIL ACTION:

Council ratified the February 2024 check register at the April 1, 2024 special meeting.

ATTACHMENTS:

Attachment 1) March 2024 Check Register
March 2024 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
53038 County of Monterey-Treasury Division Funds collected Feb 2024 03/08/2024 3,937.50 Total for Department: 000 ___ 3,937.50
Department: 110 City Council
53054 Monterey Co. Mayor's Asso., League of California Cities Annual dues for Mty county Mayors Assn Annual Dues 2024 03/08/2024 1,575.83 53059 Peninsula Messenger LLC Mail service sorting and delivery 03/08/2024 7,216.00 Total for Department: 110 City Council 8,791.83
Department: 111 City Administration
52997 Alhambra Water service-City Hall 03/05/2024 121.90 52998 Amazon Capitol Services IT Hardware 03/05/2024 1,348.03 52999 AT&T Telephone service citywide 03/05/2024 2,355.65 53000 Carmel Pine Cone Legal noticing 03/05/2024 517.50 53001 Comcast City Hall cable service 03/05/2024 68.51
53003 Iron Mountain Records storage and management services 03/05/2024 1,229.71 53007 Same Day Shred Admin-Document shredding services 03/05/2024 50.00 53008 T-Mobile Monthly cell service, usage and purchases 03/05/2024 1,058.98 53025 Amazon Web Services Inc Data and cloud storage fees 03/08/2024 971.02 53034 Code Publishing Company Municipal Code updates:Web, paper and electronic 03/08/2024 830.00 53035 Copies By-The-Sea Agenda printing services 03/08/2024 795.34 53041 Digital Deployment Website support agreement:Maint, training, security and updates 03/08/2024 700.00 53045 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 03/08/2024 4,813.46 53046 IAMP Pro Audio/Anthony J. Nocita Set-up, live production, associated support of city meetings and 03/08/2024 4,690.00 53061 Pitney Bowes Inc Postage meter repairs and supplies 03/08/2024 190.41 53063 Quality Print & Copy Printing service-Business cards,stationary,envelopes 03/08/2024 202.11 53066 Same Day Shred Admin-Document shredding services 03/08/2024 80.00 53071 US Bank Employment Law Conference: B. Swanson 03/08/2024 1,150.00 53072 Verizon Wireless Cell phone sales and usage 03/08/2024 2,913.30 53077 AT&T Telephone service citywide 03/15/2024 1,046.42 53082 Bridge IT Consulting 1 year renewal HYCU per quote 03/15/2024 1,935.36 53083 Carmel Pine Cone Legal noticing 03/15/2024 345.00 53092 Juanita Menig Refund Notory test/class March 7, 2024 03/15/2024 175.33 53097 Office Depot, Inc. Admin Office supplies 03/15/2024 68.60 53099 Pitney Bowes Inc Postage meter repairs and supplies 03/15/2024 190.41 53109 Universal Staffing Inc Temporary staffing services:A Malone 03/15/2024 2,025.00 53111 US Bank NYT Digital Subscription 03/15/2024 20.00 53111 US Bank Slide AI 03/15/2024 10.00
53111 US Bank Employee appreciation - SWiener Lunch 03/15/2024 72.79 53111 US Bank Cal Chamber of Commerce 03/15/2024 108.18 53111 US Bank MetroFax subscription 03/15/2024 11.95
53111 US Bank Employee training 03/15/2024 285.00
53111 US Bank Employee appreciation 03/15/2024 287.44
53111 US Bank IT: Microsoft, Freshworks, Zoom, Adobe, Blackblaze, Google 03/15/2024 3,282.90 53111 US Bank IT Subscriptions: Constant Contact, Freshworks 03/15/2024 313.00 53111 US Bank IT Telephone expense: Junction Networks 03/15/2024 1,644.72 53111 US Bank IT Telephone expense: Junction Networks 03/15/2024 382.96 53126 AT&T Router & misc services-Junipero Ave 03/22/2024 1,018.67 53127 Carmel Pine Cone Legal noticing 03/22/2024 720.00 53129 MRC Printer usage fees-All departments 03/22/2024 680.23 53132 SHI International Corp Meraki Enterprise license and support Multiple year 03/22/2024 6,064.23 53136 Universal Staffing Inc Temporary staffing services: H Griffin 03/22/2024 1,296.25 53138 Xerox Financial Services Xerox copier leases citywide 03/22/2024 1,452.53 53140 Alhambra Water service-City Hall 03/29/2024 171.37 53145 California Municipal Statistics Inc Direct and Overlapping Debt Statement report 03/29/2024 550.00 53147 Carmel Pine Cone Legal noticing 03/29/2024 315.00 53150 Comcast City Hall cable service 03/29/2024 651.83 53151 Comcast Business NonNGEN internet and recurring charges 03/29/2024 743.37 53152 Corbin Willits System MOM Financial system monthly fee 03/29/2024 1,070.79 53160 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 03/29/2024 300.00 53161 J 4 Systems System moderization and resiliency services directed by IT Amend 03/29/2024 142.50 53167 Municipal Resource Group, LLC Professional services:Parking and Traffic/City manager evaluati 03/29/2024 2,000.00 53168 Office Depot, Inc. Admin Office supplies 03/29/2024 56.35 53176 T-Mobile Monthly cell service, usage and purchases 03/29/2024 1,028.44 53181 Universal Staffing Inc Temporary staffing services:A Malone 03/29/2024 1,980.00 53182 US Bank Postage expense 03/29/2024 65.25
53182 US Bank TAC Emergency supplies 03/29/2024 118.48
Total for Department: 111 City Administration 56,716.27 Department: 112 City Attorney
53028 Burke,Williams & Sorensen, LLP City Attorney services 03/08/2024 45,565.50 53079 Best Best & Krieger, Attorney At Law Legal fees:Telecommunications issue, Verizon litigation 03/15/2024 1,659.00 Attachment 1
53133 Sloan Sakai Yeung & Wong Legal services 03/22/2024 675.00 Total for Department: 112 City Attorney 47,899.50
Department: 115 Community Planning & Building
53010 Universal Staffing Inc Temporary staffing services:Maura Wetmore 03/05/2024 1,799.50 53042 EMC Planning Group, Inc FY 23-24: SB2 Money - 6th Cycle Housing Element 03/08/2024 22,112.84 53043 Engineered Fire Systems FY 23-24: Fire Systems Review (revenue offset) 03/08/2024 187.50 53051 Minuteman Press Forms: Stop Work Order; 3-part 03/08/2024 1,122.29 53071 US Bank County Recorder: Mills Act #174739137 03/08/2024 59.50 53071 US Bank County Recorder: Encroachment #175282763 03/08/2024 32.50 53071 US Bank ESRI/GIS subscription: E Kort 03/08/2024 100.00 53071 US Bank NFPA 20 Handbook: J. Laurie 03/08/2024 275.08 53071 US Bank APA Professional Membership: E Kort 03/08/2024 675.08 53111 US Bank Planning Dept Workshop 03/15/2024 248.00
Total for Department: 115 Community Planning & Bu 26,612.29 Department: 116 Police
53005 Lexipol LLC Annual Law Enforcement Daily Training/Policy Update and Training 03/05/2024 13,496.18 53024 Alhambra Water service-Police Dept 03/08/2024 332.60 53036 County of Monterey IT Dept IT billing Jan 2024 PD 03/08/2024 460.00 53037 County of Monterey, Dept of Emerg Communications Inform Mobile License 03/08/2024 9,410.00 53049 LC Action Police Supply, LTD Weapons purchase 03/08/2024 3,372.72 53053 Monterey Auto Body Repairs PD 2019 Dodge Charger 03/08/2024 3,159.78 53071 US Bank Car wash 03/08/2024 37.95
53071 US Bank CERT uniform and supplies 03/08/2024 1,220.92 53071 US Bank PD safety items 03/08/2024 33.73
53071 US Bank CERT uniform and supplies 03/08/2024 468.07 53071 US Bank PD training supplies 03/08/2024 761.98
53071 US Bank Pet food for animal control services 03/08/2024 27.99 53084 Carmel Towing & Garage February Fuel 03/15/2024 4,195.46 53086 Comcast PD Cable serices 03/15/2024 41.71
53087 De Lage Landen Financial PD Copier usage 03/15/2024 169.79 53088 Elissa Higgins Remiburse for expenses:Training San Jose 3/4/24-3/8/24 03/15/2024 490.73 53091 IT Management Corp Verkada Command Cloud Service- 5 years Camera and sensor license 03/15/2024 6,562.80 53093 Lexipol LLC Welness app Sourcwell PD 03/15/2024 2,849.05 53097 Office Depot, Inc. Office supplies PD 03/15/2024 191.96 53107 Transunion Risk & Alterna PD: Monthly fee for information services 03/15/2024 75.00 53110 Uretsky Security Professional services: Background investigations for PD 03/15/2024 1,605.36 53124 10-8 Uniforms LLC Uniform and miscellaneous clothing/insignia items PD 03/22/2024 925.80 53155 Department of Justice/Accounting Office PD:Fingerprinting and misc ID services 03/29/2024 109.00 53166 MOGO Urgent Care PD Substance testing services 03/29/2024 670.00 53171 Same Day Shred PD-Document shredding services 03/29/2024 60.00 53174 Swift Car Wash Car washes Police Dept 03/29/2024 120.00 Total for Department: 116 Police 50,848.58
Department: 117 Fire
53002 Edwards Truck Center Inc Balance due invoice 71382 03/05/2024 473.49 53026 American Supply Company Fire Dept janitorial supplies 03/08/2024 205.77 53032 City Of Monterey FY 23-24 Monthly fee Interim Fire Admin/Emerg Incident Mgmt 03/08/2024 246,570.22 53036 County of Monterey IT Dept IT billing Jan 2024 Fire 03/08/2024 138.00 53037 County of Monterey, Dept of Emerg Communications Dispatch Service 03/08/2024 6,114.00 53052 Mission Linen Service Fire Dept laundry service 03/08/2024 247.24 53084 Carmel Towing & Garage Fire Dept. Gas Expense (E15) 03/15/2024 691.45 53094 Mission Linen Service Fire Dept laundry service 03/15/2024 247.24 53140 Alhambra Water servoce Fire Dept 03/29/2024 211.13 53149 City Of Monterey FY 23-24 Monthly fee Interim Fire Admin/Emerg Incident Mgmt 03/29/2024 245,891.60 53164 Mission Linen Service Fire Dept laundry service 03/29/2024 123.62 Total for Department: 117 Fire 500,913.76
Department: 118 Ambulance
53027 Bound Tree Medical LLC Medical supplies 03/08/2024 1,999.26 53032 City Of Monterey FY 23-24 Ambulance overtime reimbursement for staffing by Monter 03/08/2024 9,690.60 53060 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 03/08/2024 125.11 53080 Bound Tree Medical LLC Medical supplies 03/15/2024 2,239.03 53084 Carmel Towing & Garage Amb Dept. Gas Expense (7166) 03/15/2024 819.32 53113 Wittman Enterprises, LLC Ambulance billing service 03/15/2024 3,188.79 53143 Bound Tree Medical LLC Medical supplies 03/29/2024 646.97 53149 City Of Monterey FY 23-24 Ambulance Administration fee 03/29/2024 1,983.56 53163 Knox Company MedVault safety equipment 03/29/2024 2,915.01 Total for Department: 118 Ambulance 23,607.65
Department: 119 Public Works
53023 Ailing House Pest Control Pest Control 03/08/2024 90.00 53029 California Fire Protection, Inc. Annual fire inspection, extinguishers 03/08/2024 450.00 53030 Cintas Corp 2 (First Aid) Poison Oak Cleaner for 1st Aid Kit 2/6/24 #5196542601 03/08/2024 197.14 53031 Cintas Corporation Uniform Service for PW staff 03/08/2024 213.60 53033 Cleve Waters Boot reimbursement 23/24 FY per MOU 03/08/2024 240.35 Attachment 1
53044 Eric Miller Boot reimbursement- Eric Miller- 23/24 per MOU 03/08/2024 250.00 53048 Jaime Aquino Boot reimbursement Jaime Aquino- per MOU 03/08/2024 203.10 53064 Rental Depot - Monterey Chipper Rental 2/8/24 #3576787-1 03/08/2024 1,134.54 53065 Robert Half Temp help for Forestry Division 03/08/2024 7,057.61 53068 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 03/08/2024 19,932.50 53070 Universal Staffing Inc Temporary staffing services for Forestry 03/08/2024 1,354.24 53071 US Bank PW Officers Institute Conference: BH 03/08/2024 375.00 53071 US Bank Blower and Battery 03/08/2024 571.36
53071 US Bank Fleet battery charger 03/08/2024 1,248.85 53071 US Bank Hydraulic Oil for lift 03/08/2024 245.78
53071 US Bank NFPA 20 Standard for Installation of Stationary Pumps 03/08/2024 196.49 53071 US Bank Replacement Sump for Public Works water recycler 03/08/2024 177.18 53071 US Bank PD faucet replacement 03/08/2024 306.15
53071 US Bank City Hall blinds, batteries 03/08/2024 117.26 53071 US Bank City Hall blinds 03/08/2024 21.83
53071 US Bank Devendorf Park fish food 03/08/2024 50.71 53071 US Bank Relay replacement switches for Norton Garage 03/08/2024 62.87 53074 West Coast Arborists Inc . Tree maintenance services as directed by City Forester 03/08/2024 80,416.00 53075 West Coast Door & Gates Norton Garage and PW repair 2/23/24 #1387 03/08/2024 295.00 53076 Wm Baxter Electric PW garage hoist repair 2/25/24 #1295 03/08/2024 324.57 53078 Ausonio, Inc On Call service for PW Facilities 03/15/2024 3,039.75 53084 Carmel Towing & Garage Fuel for PW vehicles 03/15/2024 2,059.24 53085 Cintas Corporation Uniform Service for PW staff 03/15/2024 174.96 53089 Golden State Portables Portable RR rental 03/15/2024 650.00 53090 Granite Rock Company DG for street projects 03/15/2024 1,077.81 53095 MJ Murphy Lumber and Hardware Supplies for City projects 03/15/2024 788.97 53096 Napa Auto Parts PW vehicle supplies 03/15/2024 97.40 53100 Poe's Plumbing & Backflow Plumbing repair for City Facilities 03/15/2024 941.99 53101 Pureserve Building Service Janitorial services FY 23/24 03/15/2024 21,775.59 53102 Robert Half Temp help for Forestry Division 03/15/2024 707.13 53103 Scarborough Lumber & Building Supplies for FM 03/15/2024 394.29 53104 Sentry Alarm Systems Alarm monitoring 03/15/2024 1,123.50 53105 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 03/15/2024 11,040.00 53106 Town and Country Gardening Landscape contractors for City locations 03/15/2024 12,900.00 53108 Tree Stuff Lockbox No 639707 Forestry Supplies 03/15/2024 1,910.23 53109 Universal Staffing Inc Temporary staffing services for Forestry 03/15/2024 613.80 53114 ZFA Structural Engineering Stuctural engineering design services:San Antonio Walkway 03/15/2024 3,756.24 53125 Air Exchange, Inc. Replacement parts for CFD 8/10/23 #91610291 03/22/2024 517.56 53128 Legacy Roofing and Waterproofing Inc Emergency repair SSC roof leak 2/20/23 #6010760-WO 03/22/2024 600.00 53130 Napa Auto Parts Battery fo CH backup sump 2/22/24 #4006-039638 03/22/2024 390.97 53134 Town and Country Gardening Landscape contractors for City locations 03/22/2024 14,200.00 53137 Wm Baxter Electric Trouble shooting PD parking lot lights 2/25/24 #1296 03/22/2024 285.00 53139 Ailing House Pest Control Pest Control 03/29/2024 574.00 53140 Alhambra Water for Public Works Dept. 03/29/2024 240.31 53146 Carmel Area Wastewater District Cleaning out CDS units and storm drains for FY 23/24 03/29/2024 2,794.50 53148 Cintas Corporation Uniform Service for PW staff 03/29/2024 418.75 53154 Denise Duffy & Associates On-call Environmental services 03/29/2024 5,881.50 53156 Drought Resistant Nursery Trees and plants for city sites 3/8/24 #267779 03/29/2024 414.73 53158 Forestry Suppliers, Inc Forestry Materials and supplies 03/29/2024 3,955.63 53159 Granite Rock Company DG for street projects 03/29/2024 1,268.00 53162 Justin Ono Felling Wedge for Forestry Division 03/29/2024 103.44 53165 MJ Murphy Lumber and Hardware ND Fence- Habitat Restoration Project- 3/6/24 #2403-023479 03/29/2024 6,204.50 53169 Otis Elevatior Company Library dumbwaiters service 03/29/2024 502.86 53170 Robert Half Temp help for Forestry Division 03/29/2024 876.76 53172 Scarborough Lumber & Building Supplies for FM 03/29/2024 154.07 53177 Tree Stuff Forestry Supplies 03/29/2024 5,117.65
53180 Uline Inc. Safety supplies for PW/Forestry 03/29/2024 1,507.15 53181 Universal Staffing Inc Temporary staffing services for Forestry 03/29/2024 1,485.01 53182 US Bank Maint Worker Interview Panel lunch-RH03-06-24 03/29/2024 138.00 53182 US Bank Fuel for Chipper truck 03/29/2024 100.00
53183 West Coast Door & Gates Fix Norton Parking Garage door- 3/3/24 #3984 03/29/2024 1,025.00 53184 Zero Waste USA Mutt Mitt 40 cases of black Mutt Mitts 03/29/2024 3,102.70 Total for Department: 119 Public Works 230,441.12
Department: 120 Library
53058 Pacific Grove Self Storage Storage Unit - Document storage 03/08/2024 406.00 Total for Department: 120 Library 406.00
Department: 121 Community Activities
53141 Anytime, LLC Baseball nettig for 5 Ocean Avenue medians - to keep people off 03/29/2024 16,387.34 53182 US Bank Office supply expense - stamp 03/29/2024 23.06 Total for Department: 121 Community Activities 16,410.40 Department: 122 Economic Revitalization
53173 Sunset Cultural Center Inc. Operating Grant FY 23-24 03/29/2024 187,500.00 Total for Department: 122 Economic Revitalization 187,500.00 Attachment 1
Department: 130 Non-Departmental
53057 PG&E Citywide gas & electric services 03/08/2024 17,245.48 53069 U.S. Bank PARS PARS Section 115 Trust annual contribution Payment 1 of 4 03/08/2024 250,000.00 53098 PG&E Citywide gas & electric services 03/15/2024 2,364.39 53131 Prism Public Risk Innovation Q2 Oct-Dec 2023 03/22/2024 42,500.40 53135 U.S. Bank PARS PARS Section 115 Trust annual contribution Payment 2 of 4 03/22/2024 250,000.00 53144 Cal-Am Water Company Water service citywide 03/29/2024 10,301.22 53179 U.S. Bank PARS PARS Section 115 Trust annual contribution Payment 3 of 4 03/29/2024 250,000.00 Total for Department: 130 Non-Departmental 822,411.49
Department: 311 Capital Projects
53021 4Leaf, Inc PD Building PM 03/08/2024 7,280.85
53022 A & C Grading Inc Remove and relocate 2 bollards 1/19/24 #2024-2357 03/08/2024 4,800.00 53039 Davey Resource Group, Inc. CIP:Urban Forest Master Plan Project manager services 03/08/2024 5,761.25 53042 EMC Planning Group, Inc Coastal Hazard project services 03/08/2024 7,138.57 53047 Indigo/Hammon & Playle Architects, LLP Architect & Engineering Services for PD/PW Building Project 03/08/2024 6,427.44 53055 Monterey County Weekly Classifieds Public Notice 2/8/24 #45-072215-00000 03/08/2024 877.50 53056 Monterey Peninsula Engineering CIP Equipment, material and labor 21-22 Pavement Rehab Program 03/08/2024 437,378.57 53073 Wallace Group Concrete Streets 03/08/2024 31,376.00 53078 Ausonio, Inc CIP Sunset Center Portico Project-Project management services 03/15/2024 8,998.50 53081 Bowen Engineering and Enviromental CIP: Project services Decommission of MTNP water well and physic 03/15/2024 677.35 53112 Wallace Group Shoreline Coastal Protection Improvement Projects 03/15/2024 16,883.75 53114 ZFA Structural Engineering Stuctural engineering design services:SC Walls 03/15/2024 3,600.00 53142 BKF Engineers Project managment: Ocean Ave resurface/San Antoinio, San Carlos, 03/29/2024 46,484.85 53153 Davey Resource Group, Inc. CIP:Urban Forest Master Plan Project manager services 03/29/2024 1,833.75 53157 EMC Planning Group, Inc Coastal Hazard project services 03/29/2024 7,949.80 53175 Ten Over Studio, Inc FM Reno Project:Sunset Center Portico 03/29/2024 5,954.12 Total for Department: 311 Capital Projects 593,422.30
Grand Total 2,569,918.69
Contract Amt Paid thru March Contract Balance
$ 91,084.00 107,730.00 $ 16,646.00 $
$ 2,468,006.00 2,950,699.00 $ 482,693.00 $
$ 195,346.07 272,000.00 $ 76,653.93 $
$ 108,389.66 179,800.00 $ 71,410.34 $
Pen Messenger
City of Monterey *
Pureserve *
4Leaf Inc.

Vendor
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Emily Garay, Administrative Analyst
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-030 Authorizing the City Administrator to Execute Amendment No. 3 to a Professional Services Agreement with Traffic Patterns, LLC for a not-to-exceed amount of Sixty-Five Thousand Dollars ($65,000.00) and extending the term through June 30, 2025 for recruitment consulting services
RECOMMENDATION:

Adopt Resolution 2024-030 Authorizing the City Administrator to Execute Amendment No. 3 to a Professional Services Agreement with Traffic Patterns, LLC for a not-to-exceed amount of Sixty-Five Thousand Dollars ($65,000.00) and extending the term through June 30, 2025 for recruitment consulting services.

BACKGROUND/SUMMARY:

The City utilizes a variety of consultants to augment its staffing capacity, especially to provide specialized services. Traffic Patterns, LLC is providing recruitment services. The City Administrator entered into an agreement with Traffic Patterns, LLC on October 22, 2021 for a not-to-exceed amount of Fifteen Thousand Dollars ($15,000.00) with and end date of June 30, 2023. Due to the volume of recruitments in FY 21-22 and FY 22-23, the City Administrator authorized Amendment No. 1 for an additional Nine Thousand Nine Hundred Dollars ($9,900.00) and Amendment No. 2 for an additional Fifteen Thousand One Hundred Dollars ($15,100.00) for a total not-to-exceed amount of Forty Thousand Dollars ($40,000.00).

According to the Carmel-by-the-Sea Municipal Code, contracts exceeding Fifty-Nine Thousand Nine Hundred Dollars $59,000.00 shall be entered into only by Council authorization. The proposed recommendation for City Council consideration is to authorize the City Administrator to execute Amendment No. 3 to the existing agreement with Traffic Patterns, LLC that will increase the contract amount by an additional Twenty-Five Thousand Dollars ($25,000.00) for a new not-to-exceed total amount of Sixty-Five Thousand Dollars ($65,000.00) with an end date of June 30, 2025.

FISCAL IMPACT:

The Twenty-Five Thousand Dollars ($25,000.00) funds are budgeted in the FY24-25 Recruitment Services line item to cover this agreement increase.

PRIOR CITY COUNCIL ACTION:

On August 4, 2022, Council authorized Amendment No. 2 to the PSA with Traffic Patterns, increasing the not to exceed amount to $40,000.

ATTACHMENTS:

Attachment 1) Resolution 2024-030
Attachment 2) Amendment No. 3 with Traffic Patterns

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-030

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NO. 3 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH TRAFFIC PATTERNS, LLC FOR RECRUITMENT SERVICES FOR A NEW NOT-TO-EXCEED AMOUNT OF $65,000.00 AND EXTENDING THE TERM THROUGH JUNE 30, 2025
WHEREAS, on October 22, 2021, the City Administrator entered into a Professional Services Agreement with Traffic Patterns, LLC for on-call recruitment services in the amount of Fifteen Thousand Dollars $15,000; and
WHEREAS, due to the high volume of recruitments and filling positions, the City Administrator authorized subsequent amendments: Amendment No. 1 to increase the not-toexceed amount to Twenty-Four Thousand Nine Hundred Dollars ($24,900.00) on June 1, 2022 and Amendment No. 2 increasing the not-to-exceed amount to Forty Thousand Dollars ($40,000.00) on August 4, 2022; and
WHEREAS, the City continues to have multiple recruitments for vacancies and due to staff capacity, additional on-call recruitment services are needed to complete recruitments; and WHEREAS, the funding beyond the original Professional Services Agreement and Amendment No. 1 and Amendment No. 2 will be exceeded for continued services; and WHEREAS, the Carmel-by-the-Sea Municipal Code requires contracts exceeding FiftyNine Thousand Nine Hundred and Ninety-Nine Dollars ($59,999.00) to be entered into only by Council authorization.

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

Authorize the City Administrator to execute Amendment No. 3 to the Professional Services Agreement with Traffic Patterns, LLC, for on-call recruitment services, for an increase in the amount of Twenty-Five Thousand Dollars ($25,000.00) for a new not-to-exceed total amount of Sixty-Five Thousand Dollars ($65,000.00) and extending the contract though June 30, 2025.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________________ _______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
AMENDMENT NO. 3
AGREEMENT NUMBER 93-21-22
On-Call Recruitment Services, Training, & HR Support

1. This amendment (the “Amendment”) is made by City of Carmel-by-the-Sea and Traffic Patterns, LLC (“Consultant”), parties to agreement 93-21-22 (the “Agreement”) executed on October, 22, 2021, with subsequent Amendment No. 1 on June 1, 2022 and Amendment No. 2 on August 4, 2022.

2. The Agreement is amended as follows:
a. Section 3.A (Term) of the Agreement is amended and restated as follows:

The work under this Agreement will commence by October 22, 2021 and must be completed by June 30, 2025 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders)”, in a timely manner or in accordance with the agreed upon Change Order Project Schedule.
b. Section 2.A (Compensation) of the Agreement is amended and restated as follows:

Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Fee Schedule (Exhibit “A.3”), in a total amount not-to-exceed Sixty-Five Thousand Dollars ($65,000.00). Such compensation is the “Maximum Authorized Expenditure” under this Agreement. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount. Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.

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

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

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

Attachment 2

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

CONSULTANT:

By: _____________________________ Date: ______________________

CITY:

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

By: _____________________________ Date: ______________________ Nova Romero, City Clerk
Attachment 2
P.O. Box 25
Danville, CA 94526
C: (925) 886-9488
www.trafficpatterns.net
Hourly Rate Services
1 $55 Recruitment Services: Develop a recruitment plan for each recruitment that includes timeline, interview questions and assessment tools to be used to evaluate candidates; develop and post job announcements on the City's website and job boards (as needed); track and review applications; schedule candidate interviews; provide support during oral interview boards; respond to candidate inquiries; and provide regular status updates to the City on recruitment activity. s
2 $55 Neogov Implementation: Assist the City with completing the implementation of Neogov, including but not limited to creating template letters and providing staff training. 3 $55 Human Resources Support: On-call professional human resources support may include but is not limited to policy review and development, CalPERS support, etc.

Thank you for the opportunity to provide you with this proposed Scope of Services. We are happy to discuss any changes to meet your needs.

City of Carmel-by-the-Sea
Scope of Services
EXHIBIT A.3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Katherine Wallace, Associate Planner
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-032 authorizing a refund of a Track One Design Study referral to Planning Commission fee in the amount of $1,338.75 to Lewis Builders.

RECOMMENDATION:

Adopt Resolution 2024-032 authorizing a refund of a Track One Design Study referral to Planning Commission fee in the amount of $1,338.75 to Lewis Builders.

BACKGROUND/SUMMARY:

On January 16, 2024, Lewis Builders submitted a Track One Design Study application for the property located on Fraser Way 2 northeast of Camino Real in the Single-Family Residential (R-1) District. The application fee was $1,785. City staff informed the applicant that a design element of the proposed project could not be approved at a staff level and would need to be referred to the Planning Commission. The Planning Commission referral fee ($1,785) was paid by the applicant on March 19, 2024. On April 1, 2024, the applicant revised the project to comply with the City’s design guidelines for a staff level approval, making the referral to the Planning Commission no longer necessary.

This item is on the Council’s agenda to authorize a refund of 75% of the permit fee cost in accordance with CMC Section 17.02.120 (Fees), which allows a partial refund of fees in the amount of 75% for applications that are withdrawn before a determination has been made as to whether the application is complete. The applicant is entitled to a 75% refund of the permit fee which amounts to $1,338.75.

CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by Council.

Specifically, Section 3.06.060 states that “from time to time it becomes necessary to refund certain permit fees, taxes, licenses, etc., in the normal course of City business. Upon recommendation from the Assistant City Administrator, the City Administrator or his/her duly authorized representative is authorized to approve such refunds in an amount not to exceed $1,000. All refunds over $1,000 shall require approval by the City Council.”
FISCAL IMPACT:

Other than the cost of processing the refund, there is no fiscal impact to the City for issuing the permit fee refund.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) Resolution 2024-032

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-032

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

AUTHORIZING A REFUND OF A TRACK ONE DESIGN STUDY REFERRAL TO PLANNING COMMISSION APPLICATION FEE IN THE AMOUNT OF $1,785.00 TO LEWIS BUILDERS WHEREAS, the applicant, Lewis Builders, submitted a Design Study (DS 24-015, Patel) application on January 16, 2024; and
WHEREAS, City staff informed the applicant that a design element of the proposed project could not be approved at a staff level and would need to be referred to the Planning Commission; and
WHEREAS, the Track One Design Study referral to Planning Commission fee was $1,785.00; and
WHEREAS, the referral fee was paid by the applicant on March 19, 2024; and WHEREAS, on April 1, 2024, the applicant revised the project to comply with the City’s design guidelines for a staff level approval, making the referral to the Planning Commission no longer necessary; and
WHEREAS, CMC Section 17.02.120 (Fees) allows a partial refund of permit fees in the amount of 75% for applications that are withdrawn before a determination that the application is complete is made; and
WHEREAS, the applicant withdrew the referral to Planning Commission request on April 1, 2024 prior to staff deeming the application complete; and WHEREAS, the applicant is entitled to a 75% refund of the permit fee which amounts to $1,338.75; and
WHEREAS, CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by the City Council.

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

Authorize a refund of $1,338.75 to Lewis Builders, which is 75% of the fee collected for a Planning Commission referral of the Design Study (DS 24-015, Patel) application submitted on January 16, 2024.

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

Attachment 1
AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter Nova Romero
Mayor City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2024

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

Resolution 2024-033 amending Agreement #PBD-Harris-40-23-24 with Harris & Associates for contract planning support, to increase the not to exceed amount by $14,000 from $60,000 to $74,000, and extending the duration of the contract to May 30th, 2024
RECOMMENDATION:

Adopt Resolution 2024-033 amending Agreement #PBD-Harris-40-23-24 with Harris & Associates for contract planning support, to increase the not to exceed amount by $14,000 from $60,000 to $74,000, and extending the duration of the contract to May 30th, 2024.

BACKGROUND/SUMMARY:

From time to time, the City has historically utilized contract planning support to fill in when vacancies exist in the Planning Department. In February, 2024, the Community Planning and Building Department entered into a $60,000 Professional Services Agreement (PSA) with Harris & Associates for contract support to help with staff reports, and other day to day planning operations. This contact was executed by the City Administrator, because it fell within his purchasing authority. The tasks assigned to the contract planner were at risk of falling behind due to the departure of one full time planner, and another full time planner going out on extended leave (who has recently returned). The contract planning support has been successful, and has helped prevent a significant backlog from occurring. On May 1st, the City welcomed a new full time planner to the department to fill the vacant position, bringing the team back to full strength.

The existing PSA with Harris & Associates is set to expire May 5th. The requested additional time and funding will allow the contract planner to continue into May, which will provide the needed coverage while the new full time planner is onboarded and trained. The additional dollars being added to the PSA now makes the total value exceed the City Administrator’s purchasing authority by $14,000, hence the need for council approval.

FISCAL IMPACT:

Funding for contract planning support is covered by salary savings recognized by the Community Planning and Building Department in Fiscal Year 2023-24. No additional funding sources are needed to support this PSA or the amendment.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution No. 2024-033
Attachment 2) PSA Amendment #1 with Harris & Associates

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-033

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT #PBD-HARRIS-20-23-24 WITH HARRIS & ASSOCIATES FOR CONTRACT PLANNING SUPPORT TO INCREASE THE NOT-TOEXCEED AMOUNT FROM $60,000, BY$14,000, TO $74,000, AND TO EXTEND THE TERM OF THE AGREEMENT TO MAY 31, 2024.

WHEREAS, from time to time, the City will utilize contract planning support to backfill vacancies in the department to prevent undue backlogs of development projects; and WHEREAS, in February, 2024, the City’s Planning Department was reduced to 50% staffing due to one vacancy, and one staff member out on extended leave; and WHEREAS, in February, 2024, to prevent an undue backlog in development applications, the City entered into a $60,000 Professional Services Agreement #PBD-HARRIS-20-23-24 with Harris & Associates for contract planning support with a term ending May 5th , 2024; and WHEREAS, the Community Planning and Building Department still requires contract support through the month of May, 2024 while a new full time planner is onboarded and trained; and
WHEREAS, pursuant to section 3.12.40 of the City’s Purchasing Ordinance, the City Administrator cannot authorize total contract values over $60,000; and WHEREAS, Funding for contract planning support is covered by salary savings recognized by the Community Planning and Building Department in Fiscal Year 2023-24.

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

Authorize the City Administrator to execute amendment #1 to Professional Services Agreement #PBD-HARRIS-20-23-24 with Harris & Associates to increase the not-to-exceed amount of from $60,000, by$14,000, to $74,000, and to extend the term of the agreement to May 31, 2024.

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

AYES:

NOES:

ABSENT:

Attachment 1
Resolution No. 2024-033

Page 2 ends

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for
Contract Planning Services
Agreement #PBD-Harris-40-23-24
Amendment #1
THIS AGREEMENT is executed this ____ day of FebruaryMay, 2024, by and between the City of Carmel-By-The-Sea, a municipal corporation, (hereinafter "City"), and [Harris & Associates], (hereinafter "Consultant"), collectively referred to herein as the “parties”.

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

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

1. SERVICES
A. Scope of Services. Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: General planning support, including but not limited to: reviewing planning applications for completeness with submittal requirements, processing and reviewing applications for consistency with Carmel Municipal Code (may include design review), picking up active projects and finishing review/processing, writing staff reports, and other planning duties as assigned. Consultant agrees to all of the following:
i. Consultant will furnish all of the labor, technical, administrative, professional and other personnel, expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement.
ii. Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed below under .
iii. Consultant must make every reasonable effort to maintain the stability and continuity of Consultant’s key personnel and subcontractors, if any, listed in Exhibit B A to perform the services required under this Agreement. Consultant must notify City and obtain City’s written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.
iv. Consultant must obtain City’s prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation.

DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
2 v. Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described in this Agreement.

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

B. Change Orders.
i. Agreements and Change Orders exceeding $59,999 in total require City Council approval to be valid.
ii. The City may order changes to the Scope of Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Consultant will be adjusted accordingly.

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

C. Familiarity with Services and Site.
i. By executing this Agreement, Consultant represents that Consultant:
a. has thoroughly investigated and considered the Scope of Services to be performed; b. has carefully considered how the services should be performed; c. understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
3 d. possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
ii. If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.

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

2. COMPENSATION
A. Total Fee. Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, an hourly fee of One Hundred and Fifty Dollars ($150.00) as set forth in Consultant’s Key Personnel, Compensation, and Fee Schedule (Exhibit “A”), with a total amount not-to-exceed Sixty Seventy Four Thousand Dollars ($6074,000.00). This is the “Maximum Authorized Expenditure” under this Agreement, but is not a guaranteed amount, as services may be stopped by the City prior to reaching this limit if support is no longer needed. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount. Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.

B. Invoicing. Consultant must submit to the City monthly written invoices to the City’s Project Representative, identified in Section 5 below. Invoices must be prepared in a form satisfactory to the City, describing the services rendered and associated costs for the period covered by the invoice. The City will provide invoicing format upon request. Consultant may not bill the City for duplicate services performed by more than one person. Consultant’s invoices must include, but are not limited to, the following information:
i. Project Title, the City’s Purchase Order number and City’s Project Code(s) for each project; ii. Invoice number and date;
iii. A brief description of services performed for each project phase and/or task; iv. Amount invoiced to date divided by the agreed total compensation, expressed as a percentage, with the same for approved Change Orders, if any; v. The amount due for the period covered by this invoice for each phase, task, and/or item, including the total amount, with the same for approved Change Orders, if any; DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
4 vi. For time and materials authorizations, the number of hours spent, by whom and their hourly rate for each phase, task and/or item, including the total amount; vii. The costs incurred, including reimbursables, for each phase, task, and/or item for the agreed total compensation and approved Change Orders, if any, along with a brief description of those costs;
Any such invoices must be in full accord with any and all applicable provisions of this Agreement.

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

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

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

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

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

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

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

DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
5 E. Subconsultants and Vendors. Invoices for subconsultants and vendors of services or goods will be paid by the City to Consultant in accordance with the various rates as set forth in the Consultant’s Compensation & Fee Schedule (Exhibit “BA”). All reimbursable expenses will be considered as included within the Maximum Authorized Expenditure. Consultant is solely responsible for payment to subconsultants and vendors of services or goods, and the City is not responsible or liable for any payments to subconsultants and vendors, either directly or indirectly.

F. Audit and Examination of Accounts:
i. Consultant must keep and will cause any assignee or subconsultant under this Agreement to keep accurate books of records and accounts, in accordance with sound accounting principles, which pertain to services to be performed under this Agreement. ii. Any audit conducted of books of records and accounts must be kept in accordance with generally accepted professional standards and guidelines for auditing. iii. Consultant must disclose and make available any and all information, reports, books of records or accounts pertaining to this Agreement to the City and any city of the County of Monterey, or other federal, state, regional or governmental agency which provides funding for these Services.
iv. Consultant must include the requirements of Section 2F, “Audit and Examination of Accounts,” in all contracts with assignees or subconsultants under this Agreement. v. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of the Services. All records, which pertain to actual disputes, litigation, appeals or claims, must be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.

G. On-Call Agreements. The amount of work (scope of services) to be requested during the Agreement term cannot be well defined at the outset. The Consultant agrees to perform the work on an on-call basis in such increments and at such times as defined in written work requirements issued by the City as the need arises. The Consultant agrees that the offer to perform the work at the various rates as set forth in the Consultant’s Fee Schedule (Exhibit “A”) remains in effect for all work requirements issued by the City during the Agreement term or until the exhaustion of the Agreement funding limit, whichever occurs first. The City does not guaranty a minimum dollar value of work.

3. AGREEMENT TERM
A. Term. The work under this Agreement will commence immediately and must be completed by May 5
th30th, 2024 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
6 survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders),” in a timely manner or in accordance with the agreed upon Change Order Project Schedule.

B. Timely Work. Consultant will perform all Services in a timely fashion. Failure to perform is deemed a material breach of this Agreement, and the City may terminate this Agreement with no further liability hereunder, or may authorize, in writing, an extension of time to the Agreement.

If a Project Schedule is not required, Consultant will perform the Services under this Agreement in accordance with the following phase, task and/or milestone dates:

Ongoing contract work, Monday through Friday between the hours of 8am and 5pm.

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

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

C. Sub-agreements with Subconsultants. Consultant will incorporate the terms and conditions of this Agreement into all sub-agreements with subconsultants in respect of the Services necessary DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
7 to preserve all rights of the City under this Agreement. Consultant is fully responsible to the City of all acts and omissions of subconsultants and of persons employed by any subconsultant.

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

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

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

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

5. REPRESENTATIVES AND COMMUNICATIONS
A. City’s Project Representative. The City appoints the individual named below as the City’s Project Representative for the purposes of this Agreement (“City’s Project Representative”). The City may unilaterally change its project representative upon notice to Consultant.

Name: Brandon Swanson
Title: Director of Community Planning and Building
Address: PO Box CC, Carmel-by-the-Sea, CA, 93921
Telephone: 831-620-2024
Email: [email protected]
B. Consultant’s Project Manager. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement (“Consultant’s Project Manager”).

Name: Kate Elliot
Title: Director, Environmental Planning & Compliance
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
8 Company: Harris & Associates
Address: 450 Lincoln Ave, Suite 103, Salinas, CA, 93901 Telephone: 831-419-6800
Email: [email protected]
C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as may be required by the City to insure timely and adequate performance of this Agreement.

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

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

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

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

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

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

DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
9 A. Commercial General Liability Insurance including but not limited to premises, personal injuries, bodily injuries, property damage, products, and completed operations, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

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

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

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

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

Exception may be made for the State Compensation Insurance Fund when not specifically rated.
ii. Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. All liability and auto policies must:
a. Provide an endorsement naming the City of Carmel-by-the-Sea, its officers, officials, employees, and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
b. Provide that such Consultant’s insurance is primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City is excess to the Consultant’s insurance and will not contribute with it.
c. Contain a “Separation of Insureds” provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent.

DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
10 d. Provide for a waiver of any subrogation rights against the City via an ISO CG 24 01 10 93 or its equivalent.
iv. Prior to the start of work under this Agreement, Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City. Consultant will file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file.
v. Neither the insurance requirements hereunder, nor acceptance or approval of Consultant’s insurance, nor whether any claims are covered under any insurance, may in any way modify or change Consultant’s obligations under the indemnification clause in this Agreement, which will continue in full force and effect. All coverage available to the Consultant as named insured will also be available and applicable to the additional insured. Notwithstanding these insurance requirements, Consultant is financially liable for its indemnity obligations under this Agreement.
vi. All policies must be written on a first dollar coverage basis or contain a deductible provision. Any deductibles or self-insured retentions (“SIR”) must be declared to and approved by the City. At the option of the City, either: the insured will reduce or eliminate such deductibles or SIR as respects the City, its officers, officials, employees and volunteers; or Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. In no event will any SIR or insurance policy contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured, or by any means including other insurance, or which is intended to defeat the intent or protection of an additional insured.
vii. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. viii. Consultant must require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements in this Agreement. ix. If Consultant, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant’s expense and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement. x. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant’s indemnity obligations under this Agreement.

Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Consultant or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
11 will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
xi. Consultant must give City prompt notice of claims made of lawsuits initiated that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies. xii. The Consultant hereby waives any right of subrogation that any of its insurers may have or that they may accrue out of the payment of any claim related to the Consultant’s performance of this Agreement, regardless of whether any endorsements required by this section are obtained.

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

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

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

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

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

9. CITY INFORMATION AND RESOURCES
A. Available Information. The City will make available to Consultant all relevant information, plans, maps, reports, specifications, standards and pertinent data which is in the hands of the City and is required by Consultant to perform the Services. Consultant may rely upon the accuracy and DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
12 completeness of such information and data furnished by the City, except where it is stated otherwise or unreasonable.

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

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

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

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

Consultant agrees that all copyrights, which arise from creation of the work or Services pursuant to this Agreement, will be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Consultant covenants that it will defend, indemnify and hold City harmless from any claim or legal action brought against the City for alleged infringement of any patent or copyright related to City’s use of Materials produced by Consultant and its employees, agents and subconsultants under this Agreement.

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

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

DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
13 E. Additional Copies. If the City requires additional copies of reports, or any other material that Consultant is required to furnish as part of the Services under this Agreement, Consultant must provide such additional copies, and the City will compensate Consultant for the actual costs related to the production of such copies by Consultant.

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

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

All Scopes of Services and related documents received will be public records, with the exception of those elements, identified by the Consultant as business trade secrets and are plainly marked “Trade Secret,” “Confidential,” or “Proprietary.” If disclosure is required under the PRA or otherwise by law, the City will not be liable or responsible for the disclosure of any such records and the Consultant will indemnify, defend, and hold the City harmless for any such disclosure.

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

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

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

DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
14 A. That they will conduct their duties related to this Agreement with impartiality, and must, if they exercise discretionary authority over others in the course of those duties, disqualify themselves from dealing with anyone with whom a relationship between them could bring the impartiality of Consultant or its employees into question;
B. May not influence, seek to influence, or otherwise take part in a decision of the City knowing that the decision may further their private interests;
C. May not accept any commission, discount, allowance, payment, gift, or other benefit connected, directly or indirectly, with the performance of Services related to this Agreement, that causes, or would appear to cause, a conflict of interest;
D. May have no financial interest in the business of a third party that causes, or would appear to cause, a conflict of interest in connection with the performance of the Services related to this Agreement, and if such financial interest is acquired during the term of this Agreement, Consultant must promptly declare it to the City, and;
E. May not, during the term of this Agreement, perform a service for, or provide advice to, any person, firm, or corporation, which gives rise to a conflict of interest between the obligations of Consultant under this Agreement and the obligations of Consultant to such other person, firm or corporation.

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

B. Negotiations. First, the City’s Project Representative and Consultant’s Project Manager will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid, and timely disclosure of all relevant facts, information, and documents to facilitate negotiations. Should these negotiations be unsuccessful in resolving the Dispute, the matter will be promptly referred to the City Administrator or designee, and the Consultant’s Principal, who will meet and confer, in good faith, to resolve the Dispute to mutual satisfaction of the parties.

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

In any mediation conducted pursuant to this section, the provisions of California Evidence Code section 1152 will be applicable to limit the admissibility of evidence disclosed by the parties in the course of the mediation. In the event the parties are unsuccessful in resolving the dispute DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
15 through the mediation process, then the parties agree that the dispute will be submitted to Binding Arbitration to a single Arbitrator in accordance with the existing Rules of Practice and Procedure of the Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the close of mediation as declared by the mediator.

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

14. TERMINATION OF AGREEMENT
A. Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Consultant or any subconsultant defaults or fails to deliver the Services in accordance with the terms and conditions of this Agreement. Such termination must be in writing, setting forth the effective date of termination, and will not result in any penalty or other charges to the City, and may be issued without any prior notice. Without limitation, Consultant is in default of its obligations contained in this Agreement if Consultant, or any subconsultant:
i. Fails to perform the required Services within the term and/or in the manner provided under this Agreement;
ii. Fails to supply sufficient, properly skilled workers or proper workmanship, products, material, tools and equipment to perform the Services;
iii. Fails to observe or comply with all laws, ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, state, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
iv. Fails to observe or comply with the City’s reasonable instructions; v. Breaches the Conflict of Interest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.

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

DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
16 C. Steps after Termination:
i. Upon termination of this Agreement by the City for any reason, the City will pay Consultant for satisfactorily performed Services and disbursements incurred by Consultant to the date of termination pursuant to this Agreement, less any amounts necessary to compensate the City for damages or costs incurred by the City arising from Consultant’s default. Termination will be without prejudice to any other rights or remedies the City may have.
ii. Upon receipt of written notice of termination of this Agreement by the City for any reason, Consultant must:
a. Promptly cease all Services, including Services provided by any subconsultant, unless otherwise directed by the City; and
b. Deliver to the City all the Materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such Materials are to be delivered to the City in completed form; however, notwithstanding the provisions of Section 10, Ownership and Use of Materials, herein, the City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such Materials.
iii. If this Agreement is terminated by the City for any reason, the City is hereby expressly permitted to assume the projects and Services, and to complete them by any means including, but not limited to, an agreement with another party.

15. LEGAL ACTION / VENUE
A. Should either party to this Agreement bring legal action against the other, the validity, interpretation and performance of this Agreement will be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

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

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

16. MISCELLANEOUS PROVISIONS
A. Non-discrimination. During the performance of this Agreement, Consultant, and its subconsultants, may not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sexual orientation, either in Consultant’s employment practices or in the furnishing of services to recipients. Consultant further acknowledges that harassment DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
17 in the workplace is not permitted in any form, and will take all necessary actions to prevent such conduct.

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

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

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

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

F. Conflict between Agreement and Exhibits. In the event of a conflict between a provision in this Agreement and a provision in an Exhibit attached to this Agreement, the provisions in this Agreement will take precedence.

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

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

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

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

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

If a part of the Agreement is valid, all valid parts that are severable from the invalid part remain DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
18 in effect. If a part of this Agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

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

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

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

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

IN WITNESS WHEREOF, the parties enter into this Agreement hereto on the day and year first above written in Carmel-by-the-Sea, California.

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

By: _______________________________ Date: ______________________ Brian Pierik, Esq., City Attorney
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Harris & Associates
Director, Environmental Planning & Compliance
Kate Elliott 4/17/2024
Attachment 2
19 ATTEST:

By: _________________________________ Date: ______________________ Nova Romero, MMC, City Clerk
Exhibit “A” Scope of Services and Fees
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
Brandon Swanson <[email protected]>
RE: Alec Barton, Assoc Planner, resume
1 message
Kate Elliott <[email protected]> Wed, Jan 3, 2024 at 3:06 PM To: Brandon Swanson <[email protected]>
Great, will do!
Can you give me a ballpark on the total contract value and term? Thanks
Kate
Kate Elliott
Director, Environmental Planning + Compliance
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
c: 831.419.6800
www.WeAreHarris.com
From: Brandon Swanson <[email protected]>
Sent: Wednesday, January 3, 2024 1:49 PM
To: Kate Elliott <[email protected]>
Subject: Re: Alec Barton, Assoc Planner, resume
Kate,
That's great, thank you! I accept the $150/hr rate, and will build that into the contract. Go ahead and let Alec know that he can come in after his morning phone call. That also sounds good about the early departure on Friday.

Feel free to give Alec my cell phone: 831-402-1381

EXHIBIT A
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
Take care,
-Brandon
Brandon Swanson [he, him, his]
Director, Community Planning and Building
City of Carmel-by-the-Sea
(831) 620-2024
Please take our Customer Satisfaction Survey.

On Wed, Jan 3, 2024 at 12:33 PM Kate Elliott <[email protected]> wrote:

Hi, Brandon
I was able to approve the $150/hour rate for Alec.

He can be there tomorrow, Thr Jan 4, at 8:30 but he has a 9:00-9:30 call scheduled. He can either take that at home and then go to Carmel, or get to Carmel and step into a conference room or his car for the 9:00 call. Let me know your preference.

He can also be there Friday, Jan 5. However, he has a standing personal appointment Friday afternoons and needs to leave by 3:30 on any Friday.

I can use your email below to open a project internally so Alec can start working this week, followed by a formal contract. It would be helpful to have a total contract value (e.g., up to $X) and term in mind (e.g., through 12/31/24).

Thanks! We’re all looking forward to working with you.

Kate
Kate Elliott
Director, Environmental Planning + Compliance

EXHIBIT A
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
c: 831.419.6800
www.WeAreHarris.com
From: Brandon Swanson <[email protected]>
Sent: Tuesday, January 2, 2024 4:20 PM
To: Kate Elliott <[email protected]>
Subject: Re: Alec Barton, Assoc Planner, resume
Kate,
Thanks for your call earlier, it was great to chat with you. I was able to connect with my HR Director, and she is ok with me approving Alec to start via email. and then getting you the PSA for signature in the next week or so. The scope of work for Alec will be general planning support, including but not limited to: reviewing planning applications for completeness with submittal requirements, processing and reviewing applications for consistency with Carmel Municipal Code (may include design review), picking up active projects and finishing review/processing, writing staff reports, and other planning duties as assigned.

With that in mind, I can confirm that we would like Alec to start in-person, this Thursday, January 4th at 8:30am. We would like to have him in four (4) days per week at a minimum. I understand that after the first two weeks, he may have some commitments that reduce the number of days he can work per week for a short time. I also understand that Alec may want to leave a little early to beat traffic on Highway 1 North into Monterey. I am comfortable discussing that with him and making some small accommodations, but would likely not be inclined to authorize leaving much earlier than 4:00-4:30pm.

The last component to confirm is the hourly rate, which you were going to check on to see if $150/hr was possible. I will stand by and respond when I get that confirmation from you.

Take care,
-Brandon
Brandon Swanson [he, him, his]
Director, Community Planning and Building
City of Carmel-by-the-Sea
(831) 620-2024
Please take our Customer Satisfaction Survey.

EXHIBIT A
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2
On Tue, Jan 2, 2024 at 11:03 AM Kate Elliott <[email protected]> wrote:

Hi, Brandon
Happy New Year!
Following up on our correspondence about Alec Barton, I’ve attached his resume.

His standard billing rate for 2024 is $160/hour.

I’m happy to discuss further and connect you two to set up a meet & greet.

I also encourage you to reach out to City of Marina for references, either Guido Persicone, Community Development Director ([email protected], 831-884-1289), or Alyson Hunter, Planning Services Manager ([email protected], 831-884-1251). He worked on site two days a week for a couple years.

Thanks
Kate
Kate Elliott
Director, Environmental Planning + Compliance
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
c: 831.419.6800
www.WeAreHarris.com

EXHIBIT A
DocuSign Envelope ID: F77E1E32-EC92-4BCE-A806-8A4E31CF8C8E Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 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 2024-034 confirming Councilmember appointments to the Community Human Services Board and Tor House Foundation
RECOMMENDATION:

Adopt Resolution 2024-034 confirming Councilmember appointments to the Community Human Services Board and Tor House Foundation.

BACKGROUND/SUMMARY:

In addition to their duties on the City Council, Councilmembers also serve as the City’s representatives to outside agencies. After each General Municipal Election, or whenever necessary, new appointments to outside agencies are made.

By adopting the attached Resolution, Council will ratify appointments to the following outside agencies:

Community Human Services Board - appointing Councilmember Baron as representative Tor House Foundation - appointing Councilmember Ferlito as representative FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

N/A
ATTACHMENTS:

Attachment 1) Resolution 2024-034

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-034

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

COUNCIL MEMBER APPOINTMENTS TO THE COMMUNITY HUMAN SERVICES BOARD AND

THE TOR HOUSE FOUNDATION
WHEREAS, in addition to their duties on the City Council, Council Members serve as the City’s representatives to outside agencies; and
WHEREAS, following a General Municipal Election or whenever needed, it is appropriate to appoint or reappoint Council Members to these outside agency Boards and Committees.

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

Appoint the following individuals as City representatives to the following outside agencies:

Councilmember Ferlito – Appointee for the Tor House Foundation Councilmember Baron – Appointee for Community Human Services Board PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2024

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

Resolution No. 2024-031 granting an appeal by Krista Ostoich, Esq., on Behalf of James and Marion Melani, to overturn the January 24, 2024 decision of the Planning Commission to deny the after-the-fact rebuilding of a non-conforming structure that was torn down and rebuilt with the same non-conforming setbacks for the subject property is located at Carmelo Street 4 southwest of 2nd Avenue in the Single-Family Residential (R-1) District. APN: 010-124-024-000.

RECOMMENDATION:

Adopt Resolution No. 2024-031 granting an appeal by Krista Ostoich, Esq., on Behalf of James and Marion Melani, to overturn the January 24, 2024 decision of the Planning Commission to deny the after-the-fact rebuilding of a non-conforming structure that was torn down and rebuilt with the same non-conforming setbacks.

The subject property is located at Carmelo Street 4 southwest of 2nd Avenue in the Single-Family Residential (R-1) District. APN: 010-124-024-000.

BACKGROUND/SUMMARY:

This item was heard as a Director’s referral by the Planning Commission in December 2023, and January, 2024.

The Commission was asked to consider whether the removal and reconstruction of a building with a nonconforming setback due to rotted framing should be considered “repair” and allowed to remain, or considered “demolition” and made to comply with existing development standards. Ultimately, the Planning Commission determined that the work performed constituted “demolition” of a non-conformity, and required the applicant to modify the work that had been completed to comply with the City’s current development standards. This item was appealed to the City Council, and was considered on April 1st, 2024. Ultimately the City Council determined that the work performed did not constitute “demolition”, but rather “repair and maintenance” of a nonconformity, which is allowed pursuant to CMC 17.36.030. Council directed staff to return with a resolution granting the appeal, memorializing this finding, and allowing the nonconforming structure to remain in place. A resolution which accomplishes this direction has been attached for the Council to consider approving (Attachment 1).

FISCAL IMPACT:

Staff time associated with processing this appeal is covered in the FY 2023-24 adopted Community Planning and Building budget.

PRIOR CITY COUNCIL ACTION:

On April 1, 2024, Council considered this item and directed staff to return with a resolution granting the appeal.

ATTACHMENTS:

Attachment 1 - Resolution

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-031

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

APPEAL BY ADAM JESELNICK ON BEHALF OF JAMES AND MARION MELANI, TO OVERTURN THE JANUARY 24, 2024 DECISION OF THE PLANNING COMMISSION TO DENY THE AFTER-THE-FACT

REBUILDING OF A NON-CONFORMING STRUCTURE THAT WAS TORN DOWN AND REBUILT WITH THE SAME NON-CONFORMING SETBACKS. THE SUBJECT PROPERTY IS LOCATED AT CARMELO STREET 4 SOUTHWEST OF 2ND AVENUE IN THE SINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT. APN: 010-124-024-000.

WHEREAS, on May 25, 2021, Adam Jeselnick, (“Applicant”) submitted an application on behalf of on behalf of Jim and Marion Melani, (“Owner(s)”) requesting approval of Track 1 Design Study application DS 21-186 (Melani) for a minor remodel to an existing 2-story residence with attached 2-car garage described herein as (“Application”); and WHEREAS, on May 2, 2022, and amendment to the Application was approved by the City for modifications to the approved doors and windows.

WHEREAS, On October 5, 2023, following commencement of construction activities associated with Building Permit #22-039 (Melani), a Stop Work Order was issued for the project due to exceeding the approved scope of work, including demolition of non-conformities; and WHEREAS, the matter was referred to the Planning Commission on December 13, 2023 and January 24, 2024 to determine if the after the fact re-constructed nonconforming structure needed to be brought into conformity with the City’s current development standards ; and WHEREAS, on December 13, 2023 and January 24, 2024, the Planning Commission held public hearings to receive public testimony regarding the Application, including without limitation, the information provided to the Planning Commission by City staff and public testimony on the Application; and
WHEREAS, on January 24, 2024, the Planning Commission determined that the work performed constituted “demolition” as defined in CMC 17.70.020 and totaled more than 50% demolition of the structure, and therefore would require the non-conforming setbacks to be corrected ; and
WHEREAS, on February 7, 2024, a timely appeal was filed with the City Clerk by Krista Ostoich on behalf of the Owners, requesting reconsideration by the City Council of the Planning Commission’s decision; and
Attachment 1
WHEREAS, on April 2, 2024, the City Council held a de novo hearing to consider the appeal and Application; and
WHEREAS, on April 2, 2024, the City Council held a duly noticed public hearing to receive public testimony regarding the appeal, including without limitation, information provided to the City Council by City staff and through public testimony on the project; and WHEREAS, the City Council, based on consideration of the unique circumstances of this project, determined that the work performed at the subject property without a permit did not constitute “demolition” as defined in CMC 17.70.020, but rather “repair and maintenance” of a nonconformity which did not increase the nonconformity as allowed in CMC 17.36.030 and therefore the nonconforming setbacks did not need to be corrected; and WHERAS, the City Council directed staff to return at a future date with a resolution for approval of the after-the-fact work as “repair and maintenance”; and WHEREAS, on April 19, 2024, notice of the May 6th public hearing was published in compliance with State law (California Government Code 65091), as well as hand-delivery of the public notice by the Applicant to each property owner within a 100-foot radius of the project site indicating the date and time of the public hearing; and WHEREAS, On April 19, 2024, the City Council did hear and consider all said reports, attachments, recommendations and testimony herein above set forth and used their independent judgement to evaluate the project; and
WHEREAS, this Resolution and its findings are made based upon evidence presented to the City Council at the hearing date(s) including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”) and City Environmental Regulations (CMC 17.60) require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS, the Planning Commission finds that pursuant to CEQA regulations, the Application is categorically exempt under Section 15301 (Class 1) – Existing Facilities, and no exceptions to the exemption exists pursuant to section 15300.2 of the CEQA Guidelines; and WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Carmel-by-the-Sea does hereby GRANT the appeal by Krista Ostoich on behalf of the Owners, Jim and Marion Attachment 1
Melani, and overturn the January 24, 2024 Planning Commission decision to require the nonconforming setbacks associated with DS 21-186 (Melani) to be brought into compliance with the City’s current development standards.

BE IT FURTHER RESOLVED, the Council finds, based on the specifics of this project, that the work performed constitutes “repair and maintenance” of a nonconformity which did not increase the nonconformity as allowed in CMC 17.36.030, and therefore the nonconforming setbacks do not need to be corrected.

BE IT FURTHER RESOLVED, that all conditions of approval associated with DS 21-186 (Melani) and any subsequent amendments remain in full effect unless specifically amended or removed by the City.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1

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

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