06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
14.Question/Comment: Two major issues in this budget that we should all be concerned about: Salaries and Consultant Fees. We need to trim some of this budget back. We need to be looking much more carefully at what we are spending. It’s totally unconscionable that in two years we have wiped out our reserve funds. I don’t think that’s fiscally responsible in this community in these times. You want five new employees, have you shown in the budget how that will extrapolate over the years. We seem to be adding an awful lot in terms of salaries over the past few years and we can always hire new people. But I think its about time we tighten our belt a little bit.
Response: The $12.4M use of Unassigned Fund Balance needed to fund the recommended capital projects does not impact the City’s Reserve Balances.
15.Question/Comment: Nobody has answered how we plan on raising the money for the two major projects we are looking at. And I think it is about time to discuss that in an open public meeting and invite the residents to attend that meeting.
Response: None of the upcoming major projects (e.g.: Police Building Project) are far enough along to understand their total fiscal impact/need, as they are still early in the concept phase. As these projects become more refined, there will be public meetings that include a discussion about funding mechanisms.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
16.Question/Comment: We have tried to do an awful lot in one year in this town.
We have way too many projects going and not enough public input and too much money wasted on consultants. I think we need to take a hard look at projects that we decide we are going to try to deal with. If we made a list of them, I think the people in the Community would be even more shocked than they are now. We simply do not have the capacity to do all the big wishlists that the Council seems to think is necessary for this little Community. So these comments I offer to you at a time when I think that we have huge projects facing us, some of the biggest projects we have had in the Community’s history, I think we need to start looking at how much we are spending.
Response: The City puts forth annually an updated 5-year Capital Improvement Plan, that lists all of the capital improvement projects (CIP) planned and their estimated cost to the City. The most recent iteration was presented at the March 5, 2024 City Council Meeting. Citizens are encouraged to review the current list of proposed FY 24-25 CIP projects in the Recommended Budget Book, as well as the 5-year Capital Improvement Plan.
Both the Recommended Budget Book and the 5-year Capital Improvement Plan are available electronically on the City’s website:
https://ci.carmel.ca.us/budget
17.Question/Comment: I would really appreciate it if the Council can look at and get creative and find ways to save money here and there and be more efficient rather than finding a way to feed the monster.
Response: The recommended budget put forward by staff was compiled through numerous working sessions with department heads to refine costs.
One of the purposes of the May 21st budget workshop is for Council to consider ways to potentially further refine these costs to ensure the best balance between providing services to the residents and saving money for the future.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
18. Question/Comment: 1% debt sounds very nice until you consider the millions and millions of dollars of deferred maintenance the City has, and to me that is our debt. We have not kept up with the maintenance. We still don’t have programs that keep up the maintenance and I am very concerned about that. I am hoping we can take a real hard look at how to save money rather than where we can get more money.
Response: Generally speaking, Carmel’s infrastructure, like that of most cities in California, has been deteriorating at a greater rate than funding and resources have been available to perform best practices of preventative maintenance and to make ongoing repairs. This reality could lead to undesirable practices of making repairs based on comments and concerns.
Over the past decade, the City has compiled numerous condition assessments to scientifically gauge the true needs, most with cost estimates and priority recommendations. Many of these assessments can be found on the Public Works Webpage: https://ci.carmel.ca.us/public-works, with many more available to the public by request.
(Also refer to CIP Questions #1 for facility maintenance needs, and #3 for pavement condition trends.)
These documents then serve as primary, objective sources of information in which to identify the highest priority repairs for funding during development of the annual Capital Improvement Plans.
Other soft infrastructure, particularly beach and landscape maintenance, is measured by “Levels of Service.” In Carmel, the citizens expect, and deserve, superior levels of service in the Village’s landscaping care. However, with a total of 138 acres consisting of 10 parks, Carmel Beach, greenbelts, medians, and other open space, plus 10,000+ City-owned trees, the sheer volume of work required to maintain superior levels of services for all areas at all times far exceeds the capacity of the City’s staff resources and funding available for contracted services. Thus, efforts by the City support groups and volunteers play a big role in improving the overall level of service in this community.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
19.Question/Comment: Please provide clarification about the number of full-time employees. Even though we are adding positions, we are effectively only adding one to the overall budget. Is that correct?
Response: Yes. That is correct. The total change over prior fiscal year budgeted positions is 1.02 FTE (full-time equivalent). We had in the FY23-24 position control list, and effectively in our budget, two Police positions that should have been removed from the budget after the last Police MOU negotiation cycle. The Recommended Budget corrects this error and helps offset the additional positions added in the FY24-25 Recommended Budget.
The approach for adding new positions also includes reclassifying some existing positions to better serve the community and the overall service vision of City Council.
The following chart shows the proposed changes to FTEs in the FY 24-25 budget:
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
20.Question/Comment: Are we still in the position where of making up the two years from COVID we did no capital projects?
Response: Yes, we are still in catch-up mode.
21.Question/Comment: We have savings in a Section 115 Trust, and we have been putting money into it for quite some time. To me, that’s savings and it's money the City can use. It doesn’t show up on these Projected Fund Balances charts in the Recommended Budget Book. At this point we have some number of millions of dollars Council has squirreled away for the future. And perhaps we can find a way so when we look at the Projected Fund Balances chart, and gain an understanding how this fund is doing financially.
Response: At Council’s direction, the City has been making $1M annual contributions to a Section 115 Trust since FY 21-22. A Section 115 Trust is a tax-exempt investment vehicle authorized by the Internal Revenue Service to prefund government expenses, such as retirement plan benefits. Funds placed within the trust can remain within the trust until such a time that the City chooses to draw on its assets to pay an annual benefit obligation (i.e. make either an annual and/or additional payment to CalPERS) or seek reimbursement for a pension-related expense.
As of April 30, 2024, the City has contributed three annual contributions over each of the past three fiscal years, with a balance of $3,022,198. Staff will highlight these funds in the budget book.
22.Question/Comment: We speak to the UAL a lot, hanging over the City’s head.
There is a big budget item in here to pay off this year’s UAL portion. That is an important number to me when I think about how well the City is doing. I didn’t see anything in the budget book relating to that. My preference is that there is a place in the budget book for some discussion of that and include the complicated line graphs from the State in the discussion.
Response: The City’s annual UAL payment is briefly discussed within the Operating Budget section under Citywide (Non-Departmental), on page 28 of the Recommended Budget Book. A more analytical look at the City’s UAL is taken in the City’s Annual Comprehensive Financial Report. Please refer to Question 9 Response above for more information.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
23.Question/Comment: It would be helpful to have some projections. Is it doable to have projected fund balances out into the future? To the point that we are dipping into our fund balances, it might be helpful to see what the projected fund balances a year are out, so we can understand if the path we are on is sustainable. It would be a tool the Council could use.
Response: Based on projections, it appears that fund balance will no longer be able to balance the budget as early as FY 2027-28 (See chart for details - Exhibit B). This conclusion, represented in Exhibit B, is based on the following FY25-26 through FY28-29 Projections and Assumptions:
Revenues:
● Property Tax: Assumes 3.537% annual growth.
● Bradley Burns and Measure C are projected based on 3-year average growth, which are 0.496% and 0.988%, respectively.
● TOT assumes a 1% annual growth.
● Charges for Services assume 1.971% growth, which is the average annual growth over the past three years.
● Other revenue growth is estimated at 2%.
Expenditures:
● General Fund Operating: Salaries and Benefits based on static staffing level (FY 23-24 FTE) with 4% annual growth from actual.
● PERS based upon CalPERS June 30, 2023 Actuarial Valuation reports assumes 6.8% investment return with no other changes to FY22-23 staffing. ● Pension Mitigation: Reflects direction provided by Council on 3/2/21 to set aside funding for pension mitigation options for five years. ● Services and supplies assume 2.6% annual inflationary growth. ● Debt: Based on debt schedules.
● Capital: Costs are taken directly from the 5-Year Capital Improvement Plan at full value. This is the most conservative approach, as the historic trend has been for the actual CIP expenditures in a Fiscal Year to be significantly less than forecasted.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
24.Question/Comment: Maybe a discussion in the budget book “What is Fund Balance” will help people know the difference between Reserves and Fund Balance and how that works?
Response: Staff will add a discussion/explanation about the difference between Fund Balance and Reserves in the Budget Book before it returns for adoption in June.
At a basic level, Fund Balance is money in a Fiscal Year that was budgeted for something, and didn’t get spent. That money goes into “Fund Balance” which then can be used in the next fiscal year. Fund Balance is much more liquid, like the money that we all keep in a savings account. On the other hand, Reserve Funds are monies that are intentionally set aside each year and placed into a fund that is meant to be a long term strategic reserve or a sort of fiscal “safety net” for the City. These reserve funds have only ever been tapped into one time to balance the City’s budget, and that was during the Covid-19 Pandemic.
At a more detailed level. staff have provided a detailed breakdown of the City’s Fund Balance, which is split between Unassigned, Reserved, and Restricted (See chart for details - Exhibit C). The City starts by calculating its Reserve balances, as laid out in the far left column of the worksheet. After determining the City’s reserve balances, the City then carves out Restricted balances from this larger number, or balances that can only be used for very specific purposes. For example, the Restricted balance within the General Fund (Fund 101) represents the Section 115 PARS balance, which can only be used to fund pension obligations. The remaining fund balance, after removing the Reserved and Restricted balances, is the Unassigned fund balance. This is the amount that is referred to as “Fund Balance” which can be used for the next Fiscal Year. As of June 2024, we estimate an Unassigned fund balance of $15M. If we were to adopt the FY 24-25 Recommended Budget, which includes utilizing $12.5M of Fund Balance to offset CIP projects, we would then estimate ending FY 24-25 with $2.5M in Unassigned Fund Balance.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
25.Question/Comment: Last year, someone in the Public requested that in addition to the list of employees from each department, that we have their salaries listed. There was some discussion of not doing so because of their privacy. I really think that would be helpful. That information is available if anyone wants to search it on the internet. So I think that would be helpful to have that listed and I would like to request that be one of the items listed when we have our workshop.
Response: True, every City employee’s salary is public information, and available on the internet. Historically, this is not information that has been included as part of the Budget Book. If the majority of Council gives direction at the May 21st workshop to include this information in the final draft of the Budget Book.
26.Question/Comment: We need to reduce spending significantly. One way to do that would be to implement a budget-wide 10% reduction.
Response: This is a policy decision that the City Council could consider at the May 21st workshop, and provide direction to staff on whether or not to incorporate into the final draft budget considered at the June hearing for adoption.
27.Question/Comment: Are we allowed to include surcharges as part of our fees? I thought the law changed and no longer allows surcharges.
Response: The City Attorney is still reviewing this question. We anticipate having an answer prior to the May 21st budget workshop. However, as a general rule, City fees must be based on the City’s costs to provide a service.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
28.Question/Comment: I’d like to understand more details on the recommended shift from contractors v hiring FTEs. I believe this decision and recommendation is wise, I’d just like to see more than was covered on May 7th.
Response: For the past two fiscal years, the City retained three (3) project management firms to advance the following projects:
● 4 Leaf, ($198k total): Includes Police Building Project, FY 22 Paving Project specifications, and technical support for resilience and electrical panel assessment projects.
● Ausonio, Inc., ($250k total): Includes City Hall retaining wall repair, Sunset Center and Harrison Memorial Library exterior painting projects, City Hall roof replacement, Cottage Windows repairs, 4 facility condition assessments, design concepts for Sunset Center’s portico, design of Sunset Center retaining walls repairs and San Antonio pathway structural repairs, and Park Branch Library dumbwaiter decommissioning.
● Wallace Group, ($350k total): Includes Mission Trail Nature Preserve tank/pump house/well removal design, oversight of FY 23 Concrete Streets Project and the Storm Drain Master Plan Update, planning for wayfinding signs, planning for shoreline infrastructure repairs, and engineering and design of the FY 24 Paving Project.
This $800k investment over the past two years allowed the City to advance 20 capital improvement projects.
The fully-burdened cost (salary plus benefits) for a City Project Manager is roughly $196,000. A Project Manager can support an average of eight to ten projects at a time. Thus, hiring a second City Project Manager on staff would ultimately reduce outside consultant fees, but continuing to retain project management consultants is still a prudent strategy until the current backlog of projects can be reduced. In addition, consultants will still be required for their technical expertise.
The second City Project Manager position is included in the Recommended Budget for FY 2024/25.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
29.Question/Comment: There is at least the Police Station, Beach Reinforcements, undergrounding desires, Library updates/upgrades (I know I’ve left another one off this list and there are maybe others?) that are potential considerations for large and needed expenditures. Some dollars come from room rate income or are delayed and others need special funding considerations.
Is there going to be an opportunity to talk this big picture through? Response: None of the upcoming major projects are far enough along to understand their total fiscal impact/need, as they are still early in the concept phase. As these projects become more refined, there will be public meetings that include a discussion about funding mechanisms.
30.Question/Comment: How much of the $12,579,000 in capital projects is carry over?
Response: The term “carry over” refers to funding allocated from capital projects in prior fiscal years that are not yet expended. With Council’s approval of the carry-over projects, these funds are then forwarded for the same projects in the new fiscal year. The estimated total carry-over amount into FY 2024/25 is $6.81M of City Funds plus $2.43M of external funds.
For information only, in terms of new funding (not carry over funding) for the new FY 2024/25, the total amount of supplemental funding for construction of six “shovel ready” projects ($1,667,000), plus six proposed new Vehicle and Equipment Fund projects ($545,000), and 13 proposed Capital Improvement Fund projects ($3,030,000) which equals $5,242,000 of City funds plus $515,000 of external funds.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
31.Question/Comment: Are the additional FTE's in Public Works enough to complete the deferred maintenance this next fiscal year? How are they to be used, and are they project catch up folks or sustaining team members? Response: Only one of the proposed FTE employees recommended for Public Works would be focused on capital improvement projects. This would allow the City to reduce the current dependency of using project management consultants at higher costs. It would help us to catch up on projects, but over time, not over just one year.
The three other proposed FTE employees to be added to Public Works would be allocated to Forestry: an Assistant City Forester (this position was defunded at the time of the Pandemic), a FTE Permit Technician, and one FTE Forestry Maintenance Worker who would help reduce the current backload of removing 400 dead/potentially dangerous trees and nearly 900 stumps.
32.Question/Comment: Is the cost of courier service for the mail delivery program ($86,600) growing? If so, what accounts for this (increased unit cost, volume, or both)?
Response: Peninsula Messenger, LLC charges per individual residence that they deliver to. As of April 2024, there are 82 City residences that receive U.S. mail service from Peninsula Messenger, LLC at a monthly rate of $88 each. Annualized, this cost is $86,600, which is the budgeted amount for FY24-25.
An increase in Peninsula Messenger, LLC’s per residence cost accounts for the rise in total cost for courier services. The average number of users has fallen each year since FY21-22, dropping from 100 to 90 in FY22-23, and now down to 82 in FY23-24. However, since FY21-22 the per residence cost has more than doubled from $41 to $88.
33.Question/Comment: Please provide the expense trend for courier service for the mail delivery program over the last three years.
Response: Please see Exhibit D for Courier Costs Trend Analysis.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
34.Question/Comment: What types of resources or programs do we have for managing our Worker’s Compensation expenses?
Response: We have a robust injury/illness prevention program in place that includes regularly scheduled injury prevention training for our public works employees and an internal communication system for reporting safety hazards. Our Police Department has in-house certified trainers that conduct injury prevention training for our officers. We also have a Wellness program that promotes health and wellness through gym membership reimbursement.
35.Question/Comment: What types of resources or programs do we have to support staff retention?
Response: On the whole, our employee salaries and benefits continue to be in the mid to top of the range when compared to those of surrounding and comparable agencies, helping us to be competitive. A longevity incentive program was implemented 2 years ago for those over 10 years of continuous service with the City. We have two annual employee appreciation events that include employee recognition awards. In addition to these appreciation events, there are also a handful of seasonal employee events such as gingerbread house making, and pumpkin carving contests. Each department’s operating budget includes money for professional training, which is highly encouraged by each department head. This focus on professional development and enrichment also helps with retention. The City strives to maintain a safe, supportive, and welcoming work environment and it’s that reputation that attracted our most recent recruitments.
36.Question/Comment: What accounts for the increase in recruitment services? Response: The recent vacancy of our Community Planning and Building Director created the need for professional recruitment services that comes at a relatively steep price per recruitment. The City is not immune to the challenges of attraction and retention of highly qualified employees of recent years.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
37.Question/Comment: What accounts for the increase in auditing services? Response: The City has increased the frequency in sales tax, transaction tax, and TOT tax audits to ensure that the correct amounts are being collected. The funds recovered through this extra effort help offset any costs.
Additionally, the City anticipates higher financial statement auditing costs, as the current contract expires on 6/30/2024, and will likely see rates increase.
38.Question/Comment: What projects/programs are candidates for extraordinary funding and what are the options for funding? These items to us include:
affordable housing, undergrounding, police station, library, beach erosion, roads, drainage….And what are the options for funding: a bond, state or Fed $'s, donations, operational $'s, grants public/private? And how do they work, what timelines are needed? A summary of this to educate the citizens is needed.
Response: All of the projects mentioned in the question are potential projects that could require additional funding outside what our normal revenue streams can cover. As these and other projects become more refined, the City will have a better understanding of exactly how much additional funding is needed. At that point, there will absolutely be a conversation with Council and the community about the different funding mechanisms.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
SECTION 2
39.Question/Comment:
I was concerned when I read an editorial by Francois Melese, a Professor Emeritus of economics at the Naval Postgraduate School in Monterey entitled “California’s Unfunded Pension Liabilities Out of Control. Here’s the Fix.” The first City mentioned by Professor Mlese was, unfortunately, Carmel-by-the-Sea. We have 99 workers in the city making an average of $85,000 per year (without retirement & health contributions) but 108 pensioners making an average of $ 95,000 per year. His fix – replace defined benefit payments with defined contributions.
This motivated me to do some research comparing the budgets of the other 9 cities in Monterey County with that of CBTS. A lot of the information I looked at was on the Website of Malia M. Cohn, California State Controller (2022 information) and the Cities Websites.
I am astonished at what I found.
Using the state’s number of CBTS residents (3033) and City Employees (99) compared to the other Monterey County cities, consider the following (figures are rounded off):
CBTS’s budget at over $ 40M is about $ 13,400 per resident compared to the next highest, which is Monterey at $ 3,600. Our neighbor Pacific Grove is $ 2,100. The other 7 are even lower than these numbers.
CBTS’s average city employee compensation (wages + retirement & health contributions) per resident is $ 3,400, compared to Monterey at $ 2,174 and Pacific Grove at $ 775. The other 7 cities range from a low of $ 334 to $ 825.
CBTS’s employees are about 3.56 per 100 residents, versus Monterey at 2.9 and Pacific Grove at 1. All the rest are less that 1%, with the lowest in Marina and Soledad at about 0.5.
These are the facts. My opinion is that our budget and number of employees is severely bloated. Both need to be cut, not increased. And we need to address our pension system and unfunded liabilities. Eventually we will go bankrupt – the route to fiscal responsibility is cutting expenses, and not increasing them or adding new taxes or “fees.”
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
Thank you for your kind and thoughtful consideration of the above. I urge you to do your own research and verify the above.
Response(s): Per capita, the residents enjoy about $10k of services per person. If you look at Pacific Grove, it has roughly the same budget as we do, but has five times the number of residents. Naturally, the investment in Pacific Grove residents is going to be about one-fifth. There are some services that have a baseline cost. So again, we pay about the same amount for fire protection as the City of Pacific Grove. Since we have fewer residents, it costs the residents per capita about five times more than in Pacific Grove. That's the base level of service. The same could be held for our Police Department as well. Additionally, we provide a higher level of service, as expected by our residents, than many other communities. We have to respond to the impact from the City’s visitors by providing those higher levels of service. Restrooms in the Summer are cleaned 6-8 times a day, that's how heavily used they are.
It's a basic level of service we have to maintain to preserve the character of the village.
If the City were to consider a defined contribution plan, it would only apply to future City employees and would require a policy change from Council.
40.Question/Comment: It seems all of the beach related funding resides in the capital projects budget. Specifically, there are three environment line items totaling $1.15M. The question I have is more strategic: I wonder if we should be considering a dedicated Coastal/Environmental Director (similar to have we have a City Forester and new proposed Housing Planner)? We have all seen the effects of the past two winter storm seasons on our beach, and our response to the storms and reopening of beach access seemed to take longer than it should have. We also have been advised that the projects to shore up the beach revetments and possible sea walls will take significant investments well beyond the engineering studies underway. It would seem that the time to be discussing a dedicated Beach/Environmental resource might be now. It does not seem like the beach is getting sufficient attention.
Response: The City Administration takes staffing recommendations from each department during the budgeting process. A Coastal/Environmental Director has not been identified by the Public Works department as critical at this time based. Additionally, Council was presented with the proposed staffing for FY 24-25, and did not identify any changes to further implement their priorities.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
41. Question/Comment: It would be helpful to also understand if there is any beach money allocated that is outside the environmental capital budget. It seems like we should have some funding available to help maintain beach access, partner with Carmel Cares on their scenic pathway projects, etc.
Perhaps I just missed seeing this allocation?
Response: General infrastructure maintenance is funded and is budgeted at an operational level in the Public Works Environmental Contract Services, this includes maintenance to the beach.
42.Question/Comment: I believe it would also be a good idea to explore hiring a dedicated grant writing resource for the city. If we cannot include such a person in the budget directly, I would propose that we pursue this on an outside services, contracted basis and run a pilot this upcoming year to demonstrate how effective a position like this could be.
Response: City staff continues to successfully apply for and receive grants.
Over the past few fiscal years, the City received grants including the California Coastal Commission Grant ($500k), REAP Grant ($65k), SB2 Grant ($160k), LEAP Grant ($65k), and CalFire Grant ($132k).
43.Question/Comment: In the slide referencing the reserved fund balance, it says there is $15M at June 30, 2024, and $15.3M projected on June 30, 2025. So is that saying we are adding $300k in our restricted funds this fiscal year? So the reserved funds are growing?
Response: Correct, the City anticipates that the reserve balance will grow. As the City budgets higher revenues and expenditures, reserve balances based on those revenues and expenditures, too will grow.
44.Question/Comment: Does the “surplus” that the City has come from money we had planned for projects and we didn’t spend?
Response: The surplus is when all revenues received is more than the expenditures spent in the fiscal year. The City conservatively estimates both revenues and expenditures by underestimating revenues and by overestimating expenditures. This surplus is added to the fund balance at the end of the fiscal year. On the other hand, if expenditures were to outpace revenues at year end, it would result in a deficit and reduce fund balance.
45.Question/Comment: Is it safe to say the surplus is coming from the hotels, restaurants, and retail doing a good job?
Response: Yes, that is a fair statement. As two of the City’s major revenue pillars, they would certainly contribute to the City’s surplus.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
46.Question/Comment: I think another reason we would have a surplus is that we are not overspending on things and staff, right?
Response: Correct. The City’s fiscally conservative-minded Administration challenges Department heads to be cognisant of costs throughout the year.
47.Question/Comment: Exhibit B, Five Year Financial Forecast with Fund Balance, can you talk about it more so that the public can understand what the implications are, especially as we go forward into the coming years.
Response: There is a point in time, FY 27-28, where we anticipate that the fund balance will be depleted if the trends continue. The City will need to find some other revenue source or make significant cuts to expenditures. One caveat to note is that Capital Outlay projected numbers in the purple columns are large for each year. If you look back historically, the City has not spent to that level (i.e.: not completed all the projects), and tends to only spend about 50% of budgeted CIP. Therefore, we do believe that the depletion of fund balance would be pushed several years further into the future. Again, the Five Year Forecast is using the data we have making conservative assumptions.
48.Question/Comment: The Police positions that were removed, can you explain the reason behind it? If I understand correctly, the reason behind it is the reduced policing model contract that was adopted from the previous Council where positions were eliminated but the officers were given large pay increases.
It seems like we are spending a lot on overtime, and that might not be sustained especially if we want to hire an additional officer. Can you talk more about the reduction in Police officers.
Reponse: The model was the City was to remove the Corporal positions, which are supervisorial, and add responsibility to the Officers for things like investigations and backgrounds, and providing more responsibility for Officers and reducing our number of Sargents to two as well. The vision was to provide the Officers more upward mobility, education, and experience. It's a three year contract. Next year, the City will do a look back to see whether it is working.
Chief Tomasi was not here during those negotiations. He may have a model that is different. The salary increases that were negotiated were based on the assumptions that the officers were taking on more responsibility. You are correct that overtime is high, as not all the positions are filled yet. Once we fill all the positions, that overtime expenditure will flatten to some degree. Next year, we will have a chance to relook at the operating model to see if it is working for the Chief, the City, serving the community, and the budgeting purposes.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
49.Question/Comment: What do we have that monetizes what Carmel Cares provides to the City?
Response: At the March 5, 2024 City Council meeting, the City adopted Resolution 2024-014, Accepting Donations from Carmel Cares. In summary, the City accepted the following:
Scenic Pathway Barrier Rails project - $50,789 and 500 labor hours Forest Theater, Downtown, Medians, and other landscaping improvements: $59,457 and 3,590 hours
Street Improvements: $28,476 and 1,740 hours
Facility Maintenance Improvements: $10,092 and 128 hours
50. Question/Comment: Need for more community education on what extraordinary funding sources. What are the options? What are time timelines? What do they look like? You do have short-term decisions for this budget, but I’d like to see some education and guidance on how we as citizens can better understand extraordinary funding options.
Response: The City can and will do education in the near future with the Community. Please see Response to Question/Comment 53 and Response to Question/Comment 57 for briefly discussed extraordinary funding options.
51. Question/Comment: I am really pleased that you talked about the fund balance. A large number of people in the Community are extremely concerned about this year’s budget. They were concerned about last year’s budget and I think understanding the fund balance is extremely important. Maybe there is some way you can do that in the Friday Letter. I think it would be helpful. As you have reemphasized staff that you don’t know what the next few years are going to hold for us. Just like we did not anticipate the Pandemic in 2020. There is a really serious community concern where we are going with the budget. How are we going to keep ourselves afloat?
Response: The more the City can broadcast this, the better. We will continue to broadcast fund balance education with write-ups in the Adopted Budget Book.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
52.Question/Comment: In the CIP everything should be geared to what is the priority. What are those projects that the Department heads absolutely need to see done within a 1 year, 2 year, 3 year, 4 year, 5 year. A 5 year program on how we are going to address our drainage needs, our streets needs, all of our needs.
There are greater needs, like drainage needs, erosion control, beach, you name it. Those should be the ones right on the top of the list. We all know the Police Department and Public Works are so overdue. It's in the priority stratosphere.
The CIP is not a wishlist. That really has to be thought through and explained to Council members and staff. Make an extra effort to prioritize what you are doing in the CIP and in the budget too.
Response: This is already the approach of the Capital Improvement Program.
As noted in the first review of the proposed Capital Improvement Program presented to Council on March 5, 2024,
“This 5-year CIP framework provides information on the needs for necessary infrastructure for the upcoming fiscal year, as well as a forecast for the subsequent four years. Many of these needs have been identified through assessments and plans for City assets, including:
● 2013 Carmel Facilities Assessments
● 2018 ADA Transition Plan
● 2018 MTNP Stream Stability Study
● 2020 Storm Drain Master Plan and 2023 Master Plan Update ● 2022 Climate Action and Climate Adaptation Plans
● 2023 StreetSaver Pavement Management Plan/Update
● 2023 Electrical Panel Studies (City Hall, Fire Station, Vista Lobos) ● 2023 Facility Condition Assessments (City Hall, Fire Station, Public Works, Vista Lobos)
● 2023 Police Building Condition Assessment
● 2023-2024 Coastal Engineering Study, Phase I
● City Council Strategic Priorities list
This CIP provides a framework for the Council to allocate funding for the most critical projects over time.”
Therefore, all recommended capital projects are prioritized. In addition, there is a 5-year Capital Improvement Plan that looks ahead into the second through fifth years. The 5-year CIP is available for review on the City’s website at https://ci.carmel.ca.us/budget
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
53.Question/Comment: Staffing expenses are just so out of whack these days.
Compared to other cities, we are a small city but we have all these tourists and they take up a lot of expense and time of staff. Because of the cost of employees, we really need to see what we can do with less. I am concerned about hiring new employees. I appreciate a relook at the Police model, as that is a lot of money. Forecast for us where we are going to get money. I am not talking about $1M from TOT. We need a lot more than that for what we need to do. TOT isn’t going to do it. A lot of us want to know how we are going to keep the City at the same standard we have today. We have no concept of where you think we will get the money to do this.
Response: We could do a parcel tax, sales tax, real property transfer tax (if we became a charter city). We are not allowed to do a Construction truck impact fee as it is unconstitutional in California. We could do paid parking, or a TOT increase, which Council decided not to pursue at this time. These will continue to be in our peripheral and we will continue to look for more sources of revenue.
54.Question/Comment: A local business man has come up with the idea of a 50/50 partnership to do downtown sidewalk pressure washing to keep our City beautiful all the time. I don’t know where that stands or if there is even a possibility of doing that. I would hate to miss that opportunity since we have a good definition of it and the vendors worked out. We are willing to put in a lot of time and effort to make that happen.
Response: Public Works is very receptive to this idea, and suggests that details be worked out with the Public Works Superintendent and Environmental Programs Manager. $20K has been earmarked within the Public Works Operating Budget for this project.
55.Question/Comment: There are a couple of vehicles that Carmel Cares thinks we need. We see a lot of things that aren’t normally seen since we are on the ground working all the time. A utility tractor to properly maintain the beach.
We don’t see any money at all for repairing that ramp. Know that our first responders are very concerned about that. A water vehicle. Carmel Cares is willing to do some fundraising effort to raise funds for those vehicles, much like the Ambulance. The City is planting a lot of trees and there is no way we will be able to water them with what we have.
Response: The available revenues for FY 2024-25 did not allow for any additional vehicles to be purchased. However, Public Works can work with Carmel Cares to create a list of potentially necessary vehicle purchases that could be discussed with Council at the mid-year budget review.
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY24-25 Recommended Budget Questions and Responses
56.Question/Comment: I saw in the Forestry budget that it had been increased this year as part of the proposed 3 year catch-up maintenance plan. I wanted to make sure that the City Council was aware that the three year catch-up plan only addresses the 400 dead and poor trees and 800 stumps and that is going to cost us $1.2M per year. In addition to the three year catch-up plan, the City presently requires $500k-$700k per year just in routine maintenance to cover the 5,000 fair trees and pruning on the 5,000 good trees we have in our City. It is clear that the budget proposed for Forestry next year is only ⅓ of the catch-up plan and does not include the on-going regular maintenance. Would our $3.6M three year catch-up be eligible for consideration for the fund balance and still spread it over three years because it is a one-off kind of catch-up and we keep the Forestry budget on an on-going basis at the routine support levels that the City requires. The cost of fallen tree clean-up, insurance claims, and staff time far exceeds the cost of the three year catch-up maintenance plan.
Response: Regular maintenance costs are not considered a capital improvement project. As the City has gotten behind in its on-going tree maintenance, it is proactively seeking to catch back up over the next three years and will use operating revenues to fund those maintenance costs.
57.Question/Comment: What about bonding for projects that require funds above what our revenues can support? How does that look? Can we have an expert in that field come and talk and give a presentation to the community? Response: Yes. The City has a lot of ability to bond more. We’ve got the best Moody’s bond rating available to a local jurisdiction. We have not tipped our hand on the Police Department project because we don’t yet know what that project is. We have potential to look at bond financing for that. We have great partners in this area, and can set up a Q&A with the public in the near future to talk about how bonding works.
Exhibits:
Exhibit A - Projected UAL Employer Contributions
Exhibit B - Five Year Financial Forecast with Fund Balance Exhibit C - Projected Fund Balance 2023-2025
Exhibit D - Courier Cost Trend Analysis
06.04.2024
Attachment 3
EXHIBIT A
06.04.2024
Attachment 3
*Projected contributions assume that all actuarial assumptions will be realized and and that no further changes to the assumptions, contributions, benefits, or funding will occur during the projection period. In particular, the investment returnbeginning with FY 22-23 is assumed to be 6.8% per year, net of investment and administrative expenses. Future contributionrequirements may differ significantly from those shown above. The actual long-term cost of the plan will depend on the actualbenefits and expenses paid and the actual investment experience of the fund. 20/21 21/22 22/23 23/24 24/25 25/26 26/27 27/28 28/29 29/30 Contributions 1,598,574 1,833,526 2,082,464 2,007,732 2,375,351 2,555,900 2,733,700 2,881,400 3,174,200 3,239,200 8% Avg.
Growth
-
500,000
1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 Projected UAL Employer Contributions*
EXHIBIT A
06.04.2024
EXHIBIT B
06.04.2024
Attachment 3
FY 21-22
Adopted
Budget
FY 21-22
Actual
FY 22-23
Adopted
Budget
FY 22-23
Actual
FY 23-24
Adopted
Budget
FY 23-24
Estimated
FY 24-25
Recommended
Budget
FY 25-26
Projection
FY 26-27
Projection
FY 27-28
Projection
FY 28-29
Projection
Property 8,041,368 7,681,714 8,299,100 8,152,163 8,479,296 8,496,757 8,648,882 8,954,793 9,271,524 9,599,458 9,938,991Sales- Bradley Burns 2,966,109 3,611,423 3,190,300 3,469,442 3,665,207 3,665,207 3,738,511 3,757,054 3,775,689 3,794,416 3,813,237Sales- Local 4,706,660 5,970,464 5,721,000 5,868,695 5,926,532 6,147,450 6,045,063 6,104,788 6,165,104 6,226,015 6,287,528Transient Occupancy Tax (TOT ) 6,568,562 7,787,643 6,667,000 8,455,742 6,801,007 7,531,004 7,543,234 7,618,666 7,694,853 7,771,802 7,849,520Charges for Services 2,129,702 2,485,797 2,169,500 2,500,112 2,535,516 2,632,809 2,550,029 2,600,290 2,651,542 2,703,804 2,757,096Other Revenues 4,034,829 3,308,607 4,284,600 4,445,838 3,519,944 4,128,390 2,905,530 2,963,641 3,022,913 3,083,372 3,145,039Revenue Total 28,447,230 30,845,650 30,331,500 32,891,990 30,927,502 32,601,618 31,431,249 31,999,232 32,581,625 33,178,866 33,791,409Salaries/Benefits 11,254,976 10,211,452 13,488,692 11,729,271 15,075,509 12,191,275 16,016,392 13,186,083 13,713,526 14,262,067 14,832,550CalPERS Unfunded Accrued Liability Payment 1,833,526 1,772,536 2,082,464 2,013,193 3,007,732 1,942,767 2,375,351 2,555,900 2,733,700 2,881,400 3,174,200Pension Mitigation Total 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000Services/Supplies 8,900,889 8,952,087 9,800,223 10,249,694 11,249,342 10,584,957 12,239,201 12,557,420 12,883,913 13,218,895 13,562,586 General Fund Operating Total 21,989,391 20,936,075 25,371,379 23,992,158 29,332,583 24,718,999 30,630,944 28,299,403 29,331,140 30,362,362 31,569,336Worker Compensation 116,158 47,724 148,160 55,505 76,600 33,643 127,000 45,624 45,624 45,624 45,624Pension Bond 702,918 702,414 703,580 700,616 0 0 0 0 0 0 0 Sunset Center Bond 162,628 156,798 158,300 157,573 513,300 512,835 519,100 509,600 519,400 517,960 517,960NGEN Radio 17,110 0 16,423 16,753 14,744 15,033 0 0 0 0 0Debt Total 882,656 859,211 878,303 874,942 528,044 527,868 519,100 509,600 519,400 517,960 517,960Capital Outlay Total 4,439,580 149,873 5,972,327 1,199,076 10,916,100 2,720,673 12,579,000 9,205,000 16,675,000 16,165,000 5,280,000Expenses Total 27,427,785 21,992,884 32,370,169 26,121,681 40,853,327 28,001,183 43,856,044 38,059,627 46,571,164 47,090,946 37,412,920Surplus/(Deficit) 1,019,445 8,852,766 (2,038,669) 6,770,310 (9,925,825) 4,600,435 (12,424,795) (6,060,395) (13,989,539) (13,912,080) (3,621,511) Fund Balance 32,655,324 37,255,759 24,830,964 18,770,569 4,781,030 (9,131,050) (12,752,561) Deficit = use of fund balance
Five Year Financial Forecast FY24-25
Revenues
Fiscal Years
Revenues: Property Tax: Assumes 3.537% annual growth. Bradley Burns and Measure C are projected based on 3-year average growth, which are 0.496% and 0.988%, respectively. TOT assumes conservative 1% growth. Charges for Services assume 1.971% growth, which is the average annual growth over the past three years. Other revenue growth is estimated at 2%.
Surplus = adds to fund balance
FY 25-26 to FY 28-29 Projections and AssumptionsExpenditures: General Fund Operating: Salaries and Benefits based on static staffing level (FY 23-24 FTE) with 4% annual growth from actual. PERS based upon CalPERS June 30, 2023 Actuarial Valuation reports assumes 6.8% investment return with no other changes to FY22-23 staffing. Pension Mitigation: Reflects direction provided by Council on 3/2/21 to set aside funding for pension mitigation options for five years. Services and supplies assume 2.6% annual inflationary growth. Debt: Based on debt schedules. Capital: Costs are from the 5-Year Capital Improvement Plan.
ExpendituresDebt Service
EXHIBIT B
06.04.2024
EXHIBIT C
06.04.2024
Attachment 3
Projected Fund Balance June 30, 2024
FY 23-24
Estimated Fund Budgeted Revenue Estimated Fund
Fund Description Balance June 2023 & Expenditures Balance June 2024 Fund Unassigned Reserved Restricted Reserve Calcuations 101 General Fund 7,538,207 (860,352) 6,677,855 101 6,677,855 29,322,870 101 General Fund Reserve 6,994,965 470,137 7,465,102 101 4,398,431 3,066,670 4,398,431 101 General Fund Total 14,533,172 (390,215) 14,142,957 101 102 Hostelry 7,211,326 (2,492,241) 4,719,085 102 4,719,085 6,801,007 102 Hostelry Reserve 656,856 23,245 680,101 102 680,101 680,101 102 Hostelry Total 7,868,182 (2,468,996) 5,399,185 102
201 Gas Tax 536,346 0 536,346 201 536,346
202 Transportation Safety 856,226 (70,978) 785,248 202 785,248 203 COPS 10,817 (10,817) 0 203 0
204 Parking in Lieu 738,592 0 738,592 204 738,592
205 Asset Seizure 5,466 0 5,466 205 5,466
206 Local Measure Sales Tax 1,911,499 2,368 1,913,867 206 1,913,867 47,292,000301 Capital Projects 3,676,973 6,916,968 10,593,941 301 1,135,541 9,458,400 9,458,400 401 Debt Service 26,805 176 26,981 401 26,981
501 Worker's Comp 259,716 25,576 285,292 501 285,292502 OPEB Reserve 1,768,710 0 1,768,710 502 1,768,710 5,102,298 503 Veh & Eq Replacement 462,820 596,354 1,059,174 503 548,944 510,230 510,230 Total Fund Balance 32,655,324 4,600,435 37,255,759 14,995,292 15,047,161 7,213,305 Projected Fund Balance June 30, 2025
FY 24-25
Estimated Fund Budgeted Revenue Estimated Fund
Fund Description Balance June 2024 & Expenditures Balance June 2025 Fund Unassigned Reserved Restricted Reserve Calcuations 101 General Fund 6,677,855 (5,996,208) 681,647 101 681,647 30,624,944 101 General Fund Reserve 7,465,102 1,195,311 8,660,413 101 4,593,742 4,066,670 4,593,742 101 General Fund Total 14,142,957 (4,769,897) 9,373,060 101 681,647 4,593,742 4,066,670 102 Hostelry 4,719,085 (3,913,064) 806,021 102 806,021 7,543,234 102 Hostelry Reserve 680,101 74,222 754,323 102 754,323 754,323 102 Hostelry Total 5,399,186 (3,838,842) 1,560,344 102 806,021 754,323 201 Gas Tax 536,346 (404,983) 131,363 201 131,363202 Transportation Safety 785,248 (623,595) 161,653 202 161,653203 COPS 0 0 0 203204 Parking in Lieu 738,592 0 738,592 204 738,592 205 Asset Seizure 5,466 0 5,466 205 5,466
206 Local Measure Sales Tax 1,913,867 (954,937) 958,930 206 958,930 47,292,000 301 Capital Projects 10,593,941 (1,135,541) 9,458,400 301 9,458,400 9,458,400401 Debt Service 26,981 0 26,981 401 26,981 501 Worker's Comp 285,292 (127,000) 158,292 501 158,292502 OPEB Reserve 1,768,710 0 1,768,710 502 1,768,710 5,102,298 503 Veh & Eq Replacement 1,059,174 (570,000) 489,174 503 489,174 510,230 Total Fund Balance 37,255,759 (12,455,795) 24,799,964 2,446,598 15,295,639 7,057,727
PROJECTED FUND BALANCE
37,255,75924,799,964
15% Budgeted Expenditures 10% Hostelry Budgeted Revenue Reserve estimated at 20% 5-year Total Replacement based on CPI YOY 15% Budgeted Expenditures 10% Hostelry Budgeted Revenue Reserve estimated at 20% 5-year Total Replacement based on CPI YOY
EXHIBIT C
06.04.2024
EXHIBIT D
06.04.2024
Attachment 3
0 20
40 60
80 100
120
140
160
180
-
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
July
August
September
October
November
December
January
February
March
April
May
June
July
August
September
October
November
December
January
February
March
April
May
June
July
August
September
October
November
December
January
February
March
April
May
June
FY 21/22 FY 22/23 FY 23/24
Number of Users and Unit Cost
Monthly Charges
Courier Costs Trend Anaylsis
Total Users Cost
EXHIBIT D
06.04.2024
Attachment 3
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital
Improvement Plan (CIP) Questions and
Responses
June 4, 2024
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
The following CIP questions represent those received from both Councilmembers and the general public. This list of questions and answers will continue to be expanded through the May 21st, 2024 budget workshop, up to the budget adoption hearing on June 4th, 2024. The questions are answered in the order that they were received during this timeframe.
Section I) - From March 5, 2024 Council Meeting - 1st Review of the CIP
1. What buildings does the City own, and what are the estimated deferred maintenance costs for each?
Response:
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
2. What is the estimated total carry-over amount and the new FY 2024/25 proposed amounts? What is the forecast for funding next year?
Response: The estimated total carry-over amount into FY 2024/25 is $6.81M of City Funds plus $2.43M of external funds (now including PG&E Rule 20A). The total amount of the supplemental funding for six “shovel ready” projects ($1,667,000), plus six proposed new Vehicle and Equipment Fund projects ($545,000), and the 13 proposed Capital Improvement Fund projects ($3,030,000) would be $5,242,000 of City funds plus $515,000 of external funds.
While the forecasted funds for FY 2024/25 are not yet available, Council is requested to review and defer projects that may not be urgent or which exceed available funding.
3. Our roads are badly cracked. Can we add more funding to improve the streets? Response: According to our “StreetSaver” Pavement Management Program, the City’s overall Pavement Condition Index (PCI) has been slowly deteriorating over the past five years as indicated in the chart below. In 2019, the PCI of 78 was the highest of any agency in Monterey County. Since then, a three-year gap in paving projects caused by the Pandemic has reduced the PCI down to 71, as was anticipated.
With the proposed $2.8M street improvement project for FY 2024/25 and ongoing annual investments (local plus external funding) of $1.1M, our pavement condition is expected to be maintained in the 70s, at least for the next five years. Increasing investment for streets must be weighed against other significant infrastructure needs such as for priority drainage projects, shoreline infrastructure, and City building repairs.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
4. Why are we spending so much for consultants?
Response: The City relies on consultants to provide professional services for two primary reasons. First, City staff does not possess the wide range of technical expertise needed for many projects, such as in the following service areas: Architecture, coastal engineering, electrical engineering, geotechnical engineering, hazardous materials testing, landscape architecture, mechanical engineering, structural engineering, surveying, and traffic engineering.
The other primary reason is that while staff does have the needed technical expertise, the quantity of projects requires the City to supplement staff, such as for the following service areas: Arboricultural services, Building Code plan checking, civil engineering, construction management, environmental services, historic preservation, planning services, and project management.
Per state law, consultants are hired on the basis of demonstrated competency, qualifications, and experience, not on lowest price. Also refer to Question 11 below.
5. Can the proposed landscaping on the Ocean Avenue median island include an irrigation connection to facilitate watering plants and flowers around the WWI Memorial Arch?
Response: Yes, that infrastructure was recently installed.
6. Why wasn’t the PG&E Rule 20A Undergrounding funds included in the CIP? Response: The Rule 20A Undergrounding Project was included in the current FY 2023/24 budget and shown in the 5-year CIP spreadsheet. However, on March 5th, this should have been included as a carryover project with external funding. This has been corrected.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
7. Does the City have a plan to ultimately replace the new ambulance and fire engine? Response: Yes. Public Works and Public Safety maintain a list of all vehicles and equipment in the City’s fleet. This list is updated each year as part of the CIP programming process, and projects 15 years out. The incoming ambulance and fire engine are not yet in the City’s fleet; however, once they arrive, they will be added.
Our current Fire/Ambulance services operate with two fire engines and two ambulances.
One vehicle for each serves as a back-up for the primary. When we replace a fire engine or ambulance, we are essentially replacing the back-up. The new vehicle becomes the primary, and the old one moves to the back-up role.
8. Carmel Cares suggests fundraising to donate a bobcat or tractor to Public Works to help sand movement on Carmel Beach.
Response: The City would greatly appreciate such a donation. Currently Public Works has to rent this equipment.
9. Can the City increase the transfer tax to provide additional revenue? Response: No. Under California law, only a charter city may enact or increase a real property transfer tax that is a general tax. Therefore, the real property transfer tax would have to be approved by a majority of the voters.
10. What is the cost estimate to fix the roadway along Ocean Avenue in the County’s jurisdiction, between Carpenter Street and Highway 1?
Response: Monterey County Public Works officials have informed a local resident that the cost estimate to repair Ocean Avenue in the County’s jurisdiction would be $500,000.
City staff believes that this cost estimate is overly optimistic and may not include the full cost considering traffic detours, drainage, sidewalks, required ADA ramps, CalTrans permitting, etc.
With Council’s direction, Staff could begin to discuss the possibility of entering into an Interagency Agreement with Monterey County such that the City would oversee a program management consultant who would in turn oversee the development of design plans, CEQA documentation, bidding, and construction of the proposed project, all at the expense of the County.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
11. What are our costs for consultant project management services? What is the cost if we were to add a second project manager position in-house? Response: For the past two fiscal years, the City retained three project management firms for the total fees to advance the following projects:
● 4 Leaf, $198k: Includes Police Building Project, FY 22 Paving Project specifications, and technical support for resilience and electrical panel assessment projects. ● Ausonio, Inc., $250k: Includes City Hall retaining wall repair, Sunset Center and Harrison Memorial Library exterior painting projects, City Hall roof replacement, Cottage Windows repairs, 4 facility condition assessments, design concepts for Sunset Center’s portico, design of Sunset Center retaining walls repairs and San Antonio pathway structural repairs, and Park Branch Library dumbwaiter decommissioning. ● Wallace Group, $350k: Includes Mission Trail Nature Preserve tank/pump house/well removal design, oversight of FY 23 Concrete Streets Project and the Storm Drain Master Plan Update, planning for wayfinding signs, planning for shoreline infrastructure repairs, and engineering and design of the FY 24 Paving Project.
This $800k investment over the past two years allowed the City to advance 20 capital improvement projects.
The fully-burdened cost (salary plus benefits) for a City Project Manager is roughly $196,000. A Project Manager can support an average of eight to ten projects at a time.
Thus, hiring a second Project Manager on staff would ultimately reduce outside consultant fees, but continuing to retain project management consultants is still a prudent strategy until the current backlog of projects can be reduced. In addition, consultants will still be required for their technical expertise as described in Question 4 above.
12. The failed fencing along the San Antonio pathway, between Second and Fourth Avenues, was originally a joint project with Pebble Beach. Pebble Beach appears to have a similar problem with the fencing north of the Pebble Beach gate. Does Pebble Beach have a plan for repairs and would they be willing to participate in funding? Response: The Pebble Beach Community Services District advised staff to reach out to representatives of the Pebble Beach Company. While the fence inside Pebble Beach appears to be similar to the fence along San Antonio Avenue, it is not yet clear if the same, or alternative foundation design, was used there. More information is forthcoming.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
13. What is the total cost to implement all of the priority drainage repairs identified in the 2023 Storm Drain Master Plan (SDMP) Update?
Response: The 23 priority projects identified in the SDMP Update are estimated to cost $14.7M. Three of the six highest priority repairs will be “shovel ready” for construction pending supplemental funding of $638,000 proposed in FY 2024/25. The design of one additional high priority project, the Junipero Bypass, is a proposed new project valued at $175,000 for FY 2024/25.
The draft 5-year CIP includes an additional $2.8M in Years 2-5 towards completion of these top six projects. The nine medium priority projects included in the SDMP Update, valued at $7.7M, would take another 7 to 10 years to complete at current funding levels.
14. Council requests a presentation about the status of the Library Master Plan.
Response: The Library Master Plan was presented to the Harrison Memorial Library (HML) Board of Trustees on March 20, 2024 and was presented to Council at their April 2, 2024 meeting.
15. Can we dissect the San Antonio/Ocean Avenue intersection improvements included in the FY23 Concrete Streets project into the proposed, modified paving project to be constructed in FY 2024/25?
Response: Yes. This is one of the proposed project changes described in Section B of the March 26, 2024 Staff Report.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
Section II) - From March 26, 2024 Special Council Meeting - 2nd Review of the CIP
16. Explain what the Trestle Foot Bridge is on Lincoln & Fourth Avenue.
Response: There is a 90-year old wooden pedestrian bridge along the Lincoln Street alignment extending north from Fourth Avenue and ending at the end of Lincoln Street, south of Third Avenue. While Public Works routinely makes minor repairs to handrails, posts, and other elements, the overall structure is showing its age and may become unstable. The proposed project will allow for a structural engineer to assess the integrity of the bridge and determine the extent of repairs that are needed to ensure safety.
17. Sunset Center Portico – how did this project come about? Response: Sunset Center requested this project last year. There used to be an open trellis-type of portico structure in front of the entry doors on the west side of the main building, just south of the snack stand. The old trellis rotted out and was removed approximately 7-8 years ago. A couple of rotted out columns still remain. This project would ultimately replace the portico with a new structure.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
18. Concerned about City Staff workload. Hypothetically, what if we put a pause on the City’s backlog – what impacts would occur?
Response: Without any new capital improvement projects assigned for FY 2024/25, the current backlog of work from the 15 Carry-Over Project funded in, or prior to, FY 2023/24 would take staff plus our three Project Management consultants approximately one more full year to complete. As reference, the City completed 14 projects in FY 23 and 15 projects in FY 24 with one in-house Project Manager plus three Project Management consultants.
Currently, the tentative list of 6 new Vehicle and Equipment Funded projects plus 13 new Capital Fund Projects, will add a full year of workload to the existing backlog. In addition, the Public Works Department, for example, is also involved in 11 Strategic Priority Projects (several of which are capital projects), in addition to ongoing streets and facilities maintenance, forestry and environmental programs, and service requests.
Staff does not recommend eliminating all 19 new projects since many are time-sensitive and should begin soon as possible. Hiring a second in-house Project Manager would be part of the solution in reducing the backlog and phasing out project management consultants. However, the scale and cost of the proposed new FY 24/25 CIP projects should be further reviewed. For example, at the March 26th meeting, Council directed staff to defer the construction phase of the Sunset Center Portico.
At the May 21, 2024 Budget Workshop, staff will identify four (4) additional, important, but non-urgent projects which Council may consider to defer.
19. What is the potential cost of not doing a project?
Response: All infrastructure, such as pavement, sidewalks, drainage pipes, buildings, etc., decays over time. It is significantly less expensive to perform preventative maintenance and make repairs as soon as the infrastructure begins to slip into accelerated deterioration before the infrastructure completely fails and has to be completely replaced at much higher cost.
If funding is delayed for making needed repairs to deteriorating infrastructure, typically, the repair will be more costly in the long run. Further, the infrastructure may fail and be unusable for public use.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
20. How long are the construction bids actually good for? Response: Per the City’s standard construction contract documents, bids are valid for 90 days from the date of the bid opening.
21. Under the 13 Potential Projects, are the Lincoln & Fourth Avenue trestle footbridge repairs taken out of the operating budget?
Response: The proposed project will be included in the CIP Budget, rather than in the operating budget, with an allocation of $40,000 for the structural evaluation.
22. Ocean Avenue should be representative of a First Class community. Ocean Avenue is in really bad shape, and the City should fix it as it is the entrance to our City and many people travel on it daily. Can we work with the County, Caltrans, or private groups to be reimbursed for payment?
Response: This project has been included in the proposed CIP for FY 2024/25. The Project description is included in the draft Recommended Budget book.
23. Carmel Cares requests $100K for additional work on Scenic Pathway Project such as for barriers, erosion control, and landscaping.
Response: There is an FY 2023/24 carry-over project, entitled “Scenic Pathway Hardscape Renovations,” with an initial allocation of $100,000 from the City plus matching funds from Carmel Cares. Only a small portion of the City funds have been expended to date on materials. Plans for the next phase of improvements were approved at the May meeting of the Forest and Beach Commission.
Although construction of these improvements is anticipated to begin this summer, staff recommends that no additional funding be allocated to this project at this time. Once the allocated funds are depleted, additional funding could be requested at the FY 2024/25 Mid-Year Budget or with next year’s Capital Improvement Program.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
24. How do we measure a Consultant’s work?
Response: The City enters into a professional services agreement with every consultant. These agreements establish the scope of services, fees, and schedules that the consultants are required to perform and the standards that they must follow. City staff reviews the consultant’s reports, plans, specifications, or other documents that are to be submitted to the City per the agreement. If the consultant services are substandard or late, the City may require the consultant to redo the work product at no additional cost to the City or require them to provide a schedule to catch up on the required timeline if possible.
Some of the City’s consultant agreements include an on-call, as-needed task which allows for the City to quickly assign smaller, add-on tasks if funding is available.
Consultants who provide high quality, timely, and cost-effective services are more likely to be assigned these add-on tasks than consultants who do not provide best services.
25. How long will the San Antonio Walkway Project take? Can we get the project done faster?
Response: Currently, the design is 90% complete and in building permit readiness review. Subject to construction funding in FY 24/25, the project will be advertised for construction bids in early July, and a contract could be awarded in September.
Construction will take approximately 3 months to complete from issuance of the Notice to Proceed; thus, construction could be substantially complete by the end of 2024. This is a high priority project.
26. We need to put political pressure on Pebble Beach Company to fix the San Antonio Walkway/Structures.
Response: Mayor Potter and City Administrator Rerig have taken this responsibility on.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
27. What is the progress on undergrounding the Power Poles along San Antonio? Can we do the undergrounding project and the pathway project as a joint project? Response: City staff has been working with Carmel Cares and their consultant on planning for the undergrounding of overhead utility lines along the San Antonio Pathway, between Second and Fourth Avenues. To prevent any conflicts between the privatelyfunded undergrounding project and the City-funded Pathway Reconstruction Project, the undergrounding alignment has been shifted to be under the San Antonio roadway rather than along the Pathway. Staff recommends that these remain two separate projects because the reconstruction project involves concrete, steel, and wood structural work in 44 pits along the Pathway, and the other involves horizontal trenching and relocating electrical, cable TV, and telephone cables underground below the street, repaving, and removing the power poles. There is one proposed utility transformer that needs to be installed on the Pathway, but it will be set back so as not to conflict with the reconstructed pathway and fence.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
28. Should we continue with concrete streets knowing the expensive cost to repair them? Are concrete streets noisier? Should we keep concrete streets only along Ocean Avenue?
Response: It is extremely expensive to remove existing concrete streets and replace them with asphalt streets. While concrete streets are considerably more durable than asphalt, their use should be limited to highways, bridges, and major arterial streets with high truck counts, not along Village roads. Concrete streets are also more expensive to construct, repair, and to install utility lines under them.
The design work is complete on the FY 2022/23 Concrete Streets Repair Project, which included Ocean Avenue, from San Antonio to Monte Verde Street, along San Carlos Street, from Fifth to Sixth Avenues, three adjacent intersections, and improvements at the Junipero and Seventh Avenue intersection. The consultant evaluated several options for repairs, and the least expensive alternative will be to cut out squares with heavily cracked or damaged concrete, replace the squares with new concrete, grind down the concrete edges, place a geotextile fabric placed over the concrete, and pave an asphalt overlay on top. This approach is far less expensive than completely removing the concrete streets and reconstructing them as asphalt pavement streets.
Only $792,000 remains available for this $2.5M project; consequently, the funding is being reallocated to the Conglomerate Paving Project for FY 25 to allow the City to pave 25+ asphalt streets, rather than a few concrete streets. Future year budgets will need to be captured for the eventual repairs of the concrete streets.
Concrete streets are typically a little nosier with rubber tire vehicles as compared to asphalt pavement.
29. Ocean Ave and San Antonio intersection is concrete – should we continue with concrete?
Response: The existing intersection of Ocean and San Antonio Avenues is mostly asphalt, and various portions of the intersection were repaired multiple times. The intersection is significantly deteriorated and deformed. The Conglomerate Paving Project for FY 25 will completely reconstruct this intersection with a new asphalt pavement section.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
30. What is the cost of fixing all the Storm Drain Plan projects with inflation? What is the risk of delaying the Storm Drain Master Plan projects? Response: As noted in Question 13 above, the 23 priority projects identified in the SDMP Update are estimated to cost $14.7M. Three of the six highest priority repairs will be “shovel ready” for construction pending supplemental funding of $638,000 proposed in FY 2024/25. The design of one additional high priority project, the Junipero Bypass, is a proposed new project valued at $175,000 for FY 2024/25.
The draft 5-year CIP includes an additional $2.8M in Years 2-5 towards completion of these top six projects. The nine medium priority projects included in the SDMP Update, valued at $7.7M, would take another 7 to 10 years to complete at current funding levels.
The impacts of future inflation are unknown; however, it is reasonable to assume that construction costs will only increase over time. All six of the high priority projects in the SDMP Update are necessary to prevent potential flooding onto private properties, collapsed drain pipes, and to eliminate a significant bottleneck in the main drainage line along Junipero. Once all six high priority projects are completed, say by 2030, then the City should reassess the urgency of proceeding with the moderate and lower priority projects listed in the SDMP Update.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
31. Who bid on the City Hall roof and Cottage Windows project? What is so complicated about fixing the windows at the Cottage or the City Hall roof? Why is it so expensive?
Response: At the September 12, 2023 meeting, Council adopted Resolution 2023- 082, rejecting both bids received for four facility renovation projects that were bundled into one construction package. The bids, which were nearly twice the project team’s cost estimate, for these two projects are listed below:
Pro-Ex Construction Commercial Solutions Group
City Hall Roof Replacement $365,970 $631,171
Sunset Center Cottage
Window Repairs
213,345 145,393
Total Bid (with Sunset Center
and HML Painting projects)
$1,274,017 $1,321,250
The accompanying staff report to that Resolution noted a number of factors that likely led to unreasonable price escalations in the bids, as follows:
● The project was bid in the summer. Contractors in our region are already very busy and may not be aggressively seeking more jobs.
● There is a construction labor shortage in California. Contractors are paying increasingly higher wages to retain crews.
● Material prices continue to escalate due to inflation and supply chain issues. ● While there were many subcontractors at the pre-bid meeting, a majority were painters.
Only three general contractors attended the pre-bid, and two submitted bids. ● The City Hall roof bid was based on upgraded, cedar shingles with bid alternates to compare with less-costly composition shingles. However, the bidders still did not provide reasonable cost reductions for the composition roof, and, in fact, one bidder actually increased their bid using the less costly roofing materials. ● During the pre-bid meeting, several contractors expressed concerns that all of the buildings were historic and would be occupied during the work. ● Bid documents included hazardous materials testing and reporting duties. Therefore, the contractors had to hire a qualified consultant for this work and included markups.
Attachment 4
City of Carmel-by-the-Sea
FY 2024/25 Proposed Capital Improvement Plan (CIP)
Questions and Responses
32. When will we spend the money in the budget for the Sunset Center projects? Response: The Sunset Center Retaining Walls Repair Project is scheduled to be constructed by late 2024/early 2025. The Sunset Center North Lot Electrical Panel Replacement Project schedule largely depends on the schedule for transformer installation by PG&E (at no cost to the City); however, tentatively, construction is anticipated in FY 2025/26. The Sunset Center Portico design concepts have been completed; but construction funding has been deferred to FY 2025/26 in the 5-Year CIP exhibit.
33. Do people leave their cars at the EV charging station at Vista Lobos all day? Response: The existing EV charging station is used very frequently on a daily basis.
After their car is fully charged, the patron gets charged a fee of $10 per hour for leaving the charger on, with a maximum fee of $50. It is staff’s opinion that this has become a less frequent problem once patrons realize this.
34. Can we go on a field trip to the MTNP Laiolo Bridge and Pathway Realignment Project in May and decide on this project after the field trip? Response: There will be a Tour of Inspection of the proposed Doolittle (formerly Laiolo) Bridge and Pathway Realignment Project prior to the May 21, 2024 Council Budget Workshop at 3:45pm.
Attachment 4
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 4, 2024
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jane Hogan, Accountant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2024-048 adopting Fiscal Year 2024-2025 Fee schedule for Administrative Services, Community Planning and Building, Public Safety and Public Works Services
RECOMMENDATION:
Adopt Resolution 2024-048 adopting the Fiscal Year 2024- 2025 Fee Schedule for Administrative Services, Community Planning and Building, Public Safety and Public Works Services.
BACKGROUND/SUMMARY:
The City provides a variety of services that benefit specific customers, such as the issuance of business licenses, planning and building permits, and tree removal permits. In accordance with State law, the City is legally allowed to charge a fee to the used of a specific service to recover the cost of providing the service.
To help determine the cost of providing certain services, as well as to develop alternative and more equitable ways to finance some services, the City hired Revenue and Cost Specialists, LLC to complete a cost of services study in March 2023. The proposed Fiscal Year 2024-2025 fee schedule is based on this study, reflects previous direction from Council regarding subsidies of certain services like tree permits, and incorporates an inflationary adjustment of 2.6 percent to all existing fees, with the exception of fees set by the State or courts, parking violations, and the fees as noted below.
New Fee
Public Works: Dead Tree Removal Permit - $200. In an effort to encourage the removal of dangerous dead trees throughout the City, the City Forester recommends a new dead tree removal permit fee, which is less than the $682 charged for the City’s tree removal permit. This fee charged is representative of the staff time involved in the permit processing, communication with residents, and an in-person inspection by the City Forester to confirm if the tree is dead.
Summary
The purpose of this agenda item is to provide an update regarding fees and for Council to adopt the proposed master fee schedule for the upcoming fiscal year. Upon adoption of the resolution, the fees will become effective 60-days later on August 5, 2024. Since the prior fee schedules have been adjusted annually for inflation, overall the Proposed Fiscal Year 2024-2025 (“FY 24-25”) fees are fairly consistent with the current fee schedule.
The proposed fees associated with the charges for services are intended to recover as close to 100% of the City’s cost of providing the service from the user, or beneficiary, of the service, without going over.
However, Council may determine that certain services have a community-wide benefit and choose to reduce fees associated with certain services. If fees are reduced to less than 100% of cost recovery, then the difference between the cost of the service and the fee charged to the user needs to be made up, or subsidized, by other General Fund revenues. This in turn means that there would be less General Fund revenue available for other community-wide services. Staff recommends that Council strive to achieve nearly full cost recovery for services. Historically, Council has subsidized tree permitting within the City and prior proposed tree permitting fees have not been approved with the adopted Fee Schedule.
FISCAL IMPACT:
Consistent with financial policy C94-01, the proposed fee schedule includes an annual adjustment based upon the San Francisco-Oakland Consumer Price Index (CPI), which was calculated by the Bureau of Labor and Statistics at 2.6 percent for the year ending December 2023. The Fiscal Year 2024-2025 Proposed Budget includes a 2.6 percent increase on the revenues known as “charges for services”.
The revenue from fees allows the City to recover its costs for providing a service from the direct recipient, or user, like property, sales and use and transient occupancy taxes, are needed to help offset the cost of providing those services. This means that the overall General Fund revenues are not subsidizing user fees, therefore more of the General Fund is available to fund community-wide activities that have a public benefit, like libraries, public safety, and public works.
PRIOR CITY COUNCIL ACTION:
Council adopted the Fiscal Year 2023-2024 fee schedule on July 11, 2023.
ATTACHMENTS:
Attachment 1) Resolution 2024-048 Adopting FY 24-25 Fee Schedule Exhibit A - FY 24-25 User Fee Schedule
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2024-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING THE FISCAL YEAR 2024-2025 FEE SCHEDULE FOR ADMINISTRATIVE
SERVICES, COMMUNITY PLANNING AND BUILDING, PUBLIC SAFETY AND PUBLIC
WORKS SERVICES
WHEREAS, in accordance with City Financial Policies, Policy 94-01, the City shall review the relationship between fees/charges and the cost of providing services at least every three years; and
WHEREAS, the City of Carmel-by-the-Sea retained Revenue and Cost Specialists, LLC, to prepare the “Fee Study Update Report” in March 2023 to identify the City’s reasonable costs borne for providing services; the beneficiaries of those services, and the revenues generated by those paying fees for receiving services; and WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and, WHEREAS, pursuant to Government Code Section 66016, the specific fees and charges to be levied for services must be adopted by the City Council by ordinance or resolution, after holding a public hearing; and,
WHEREAS, a notice of a public hearing has been published in the Carmel Pine Cone on May 24, 2024 and a public hearing to review the existing service charges was held on June 4, 2024; and
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Section 1. Fee Schedule Adoption. The following schedule of fees and charges are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Finance Department for the herein listed special services when provided by the City or its designated contractors.
Section 2. Separate Fee for Each Process. All fees set forth by this resolution are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a “per unit” of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units.
Section 3. Listing of Fees. The following fees shall be charged and collected for the following enumerated services, as shown in Exhibit A.
Section 4. Interpretations. This Resolution may be interpreted by the City department heads in consultation with the City Administrator and, should there be a conflict between two fees, the lower in dollar amount of the two shall be applied.
Attachment 1
Resolution No. 2024-048
A. It is the intention of the City Council to review the fees and charges as determined and set out herein based on the City’s next Annual Budget and all the City’s costs reasonably borne as established at that time and, as and if warranted, to revise such fees and charges based thereon.
Section 5. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect.
Section 6. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed.
Section 7. Effective Date. This Resolution shall go into full force and effect on August 5, 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 4th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1
Fee
TRACK 1 DESIGN REVIEW/STUDY - MINOR $708 per application 708.00 TRACK 1 DESIGN REVIEW/STUDY - MAJOR $1,016 per application 1,016.00 TRACK 1 DESIGN REVIEW/STUDY - STREAMLINE $364 per application 364.00 TRACK 1 DESIGN REVIEW/STUDY - REFERRAL TO PLANNING
COMMISSION $1,831 per application in addition to the base Track 1 fee 1,831.00 TRACK 1 DESIGN REVIEW/STUDY - REFERRAL TO HISTORIC
RESOURCES BOARD $1,831 per application in addition to the base Track 1 fee 1,831.00 TRACK 2 DESIGN REVIEW - MINOR $4,012 per application 4,012.00 TRACK 2 DESIGN REVIEW - MAJOR $6,089 per application 6,089.00 TRACK 2 DESIGN REVIEW - MAJOR, NEW COMMERCIAL
BUILDING
$2,904 per application plus a deposit determined by staff with charges at the fully allocated hourly rates for Project Planner 2,904.00
PRELIMINARY SITE ASSESSMENT $1,534 per application 1,534.00 REASONABLE ACCOMMODATION $200 per application plus fee for associated Design Study/Design Review as applicable 200.00 VOLUMETRIC ANALYSIS $139 per application plus $1,500 deposit with charges at the fully allocated hourly rates plus any outside costs 139.00 USE PERMIT $3,140 per application 3,140.00
USE PERMIT AMENDMENT $2,837 per application 2,837.00
TEMPORARY USE PERMIT $169 per application 169.00
RESTRICTED COMMERCIAL USE TRANSFER REQUEST $580 per application 580.00 WATER CREDIT TRANSFER REQUEST $3,181 per application 3,181.00 VARIANCE $1,837 per application 1,837.00
PRELIMINARY APPLICATION REVIEW - STAFF $1,400 per application with 50% of this fee credited towards future planning fees for this project 1,400.00
PRELIMINARY APPLICATION REVIEW - PUBLIC HEARING
(PLANNING COMMISSION, CITY COUNCIL, ETC.) $3,848 per application with 50% of this fee credited towards future planning fees for this project 3,848.00 COASTAL DEVELOPMENT PERMIT - DEVELOPMENT $180 per application - Added to other Planning fees 180.00 COASTAL DEVELOPMENT PERMIT - EVENT $759 per application 759.00 LANDSCAPE PLAN CHECK/INSPECTION $708 per plan/inspection 708.00 PLANNING TECHNICAL ASSISTANCE Charge the fully allocated hourly rate for all personnel involved after 15 minutes.
TOBACCO RETAIL LICENSE Current fee as adopted by the Monterey County Board of Supervisors EXTRAORDINARY DEVELOPMENT Deposit amount TBD based on scope of project, with charges at the fully allocated hourly rates plus any outside costs
SPECIFIC PLAN/SPECIFIC PLAN AMENDMENT
GENERAL PLAN AMENDMENT
SPHERE OF INFLUENCE AMENDMENT
ZONING CODE AMENDMENT
ANNEXATION
DEVELOPMENT AGREEMENT
ENVIRONMENTAL REVIEW (IS/ND/EIR) Contract cost plus 10% FILING ENVIRONMENTAL NOTICE OF EXEMPTION $508 per application plus associated Monterey County fees 508.00 MITIGATION MONITORING $3,078 deposit with charges at the fully allocated hourly rates plus outside costs 3,078.00 TENTATIVE/FINAL MAP $4,104 deposit with charges at the fully allocated hourly rates plus any outside costs 4,104.00 AMENDED FINAL MAP $1,026 deposit with charges at the fully allocated hourly rates plus any outside costs 1,026.00 CERTIFICATE OF COMPLIANCE $770 per application plus actual contract cost 770.00 LOT LINE ADJUSTMENT/SUBDIV - PLANNING COMMISSION $1,082 per application plus actual contract cost 1,082.00 LOT MERGER $877 per application plus actual contract cost 877.00 5,130.00
10,260.00
FEE SCHEDULE EFFECTIVE AUGUST 5, 2024 - JUNE 30, 2025
COMMUNITY PLANNING & BUILDING
Design Study and Review
Use Permit and Other Services
Amendments, Annexations and Agreements
$5,130 deposit with charges at the fully allocated hourly rates plus outside costs $10,260 deposit with charges at the fully allocated hourly rates plus outside costs Environmental Review Maps and Lot Lines
Historic Evaluation
CARMEL-BY-THE-SEA 1 of 4
Attachment 2
FEE SCHEDULE EFFECTIVE AUGUST 5, 2024 - JUNE 30, 2025 Fee PRELIMINARY PHASE 1 - INITIAL ASSESSMENT OF HISTORIC
SIGNIFICANCE $318 per application 318.00
PHASE 1 - HISTORIC EVALUATION $416 per application plus actual cost for Historian review with $1,500 deposit 416.00 PHASE 2 - HISTORIC EVALUATION (INCLUDES HISTORIC
RESOURCES BOARD HEARING) $2,093 per application plus actual cost for Historian review with $1,500 deposit 2,093.00 APPEAL TO HISTORIC RESOURCES BOARD $1,539 per application plus actual cost for Historian review with $1,500 deposit 1,539.00 MILLS ACT CONTRACT APPLICATION $3,519 per application plus actual cost to record contract with County of Monterey 3,519.00 MILLS ACT MAINTENANCE PLAN REVIEW $1,026 deposit with charges at the fully allocated hourly rates plus any outside costs for qualified professional to review plan 1,026.00
MILLS ACT 5-YEAR INSPECTION $513 deposit with charges at the fully allocated hourly rates plus any outside costs for qualified professional 513.00 MILLS ACT 10-YEAR MAINTENANCE PLAN REVIEW $1,026 deposit with charges at the fully allocated hourly rates plus any outside costs for qualified professional to review plan 1,026.00
PLANNING COMMISSION CODE DETERMINATION $1,785 per application 1,785.00 ZONING COMPLIANCE DETERMINATION Charge the fully allocated hourly rates for all personnel involved with a one-hour minimum PERMIT TIME EXTENSION - STAFF $410 per application 410.00 PERMIT TIME EXTENSION - PLANNING COMMISSION $1,180 per application 1,108.00 PERMIT TIME EXTENSION - CITY COUNCIL $1,072 per application 1,072.00 PUBLIC HEARING CONTINUANCE - PLANNING COMMISSION $852 per continuance 852.00 PUBLIC HEARING CONTINUANCE - COUNCIL $857 per continuance 857.00 APPEAL TO PLANNING COMMISSION $1,996 per appeal - No charge for appeals of Coastal Development Permits (CDPs) within the Coastal Commission Appeal Jurisdiction (CMC 17.20.140) 1,996.00
APPEAL TO CITY COUNCIL $2,139 per appeal - No charge for appeals of Coastal Development Permits (CDPs) within the Coastal Commission Appeal Jurisdiction (CMC 17.20.140) 2,139.00
SIGN APPLICATION $462 per application 462.00
SIGN REFERRAL TO PLANNING COMMISSION $1,544 per application 1,544.00 RELOCATE EXISTING SIGN $246 per application 246.00
TEMPORARY SIGN PERMIT No permit fee required 0.00
BANNER APPLICATION $0 per application; applicant bears the fully burdened cost of installation through City-approved third-party vendors BUILDING RELOCATION Deposit determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs LARGE FAMILY DAY CARE (RESIDENTIAL) $2,380 per application 2,380.00 GENERAL PLAN UPDATE 3.5% of all Building & Safety permits BUILDING PLAN CHECK Based on Building and Safety Construction Valuation BUILDING INSPECTION Based on Building and Safety Construction Valuation BUILDING RE-INSPECTION $149 per re-inspection 149.00
BUILDING PERMIT APPLICATION EXTENSION $97 per extension (maximum of 4) 97.00 BUILDING PERMIT EXTENSION $154 per extension (maximum of 2) 154.00 BUILDING PERMIT PRE-APPLICATION CONFERENCE $349 per application 349.00 BUILDING SINGLE TRADE PERMIT $169 per permit 169.00
ON-SITE DRIVEWAY PERMIT $405 per permit 405.00
SOLAR PLAN CHECK/INSPECTION PERMIT Plan Check AND Inspection - $462 plus $15 per kW over 15kW (Per Assembly Bill 1414) 462.00 RE-ROOF PERMIT $267 per permit 267.00
BUILDING BOARD APPEAL $1,165 per appeal 1,165.00
DUPLICATE INSPECTION CARD $62 per card 62.00
BUILDING TECHNICAL ASSISTANCE Charge the fully allocated hourly rate for all personnel involved after 15 minutes.
STOP WORK INVESTIGATION $636 per investigation plus double all Building Permit fees 636.00 TEMPORARY CERTIFICATE OF OCCUPANCY $231 per application 231.00 ALTERNATE MATERIALS/METHODS REVIEW $226 per application plus actual cost of City Staff for all time over one hour 226.00 BUILDING PHASED WORK REQUEST $323 per application 323.00 Sign and Banners
Determinations, Extensions and Appeals
Building Services
CARMEL-BY-THE-SEA 2 of 4
Attachment 2
FEE SCHEDULE EFFECTIVE AUGUST 5, 2024 - JUNE 30, 2025 Fee BUILDING TECHNOLOGY SURCHARGE $8 per permit 8.00
NEW BENCH LOCATION $985 per application plus the actual cost of the bench and plaque (plus $750 for future maintenance) plus $2,005 if a public hearing is required 985.00
ADOPTION OF EXISTING BENCH $390 per application plus the actual cost of the plaque (plus $750 for future maintenance) plus $530 if a public hearing is required 390.00
REPLACEMENT OF BENCH PLAQUE $503 per application plus the actual cost of the plaque plus $530 if a public hearing is required 503.00 TEMPORARY ENCROACHMENT PERMIT $354 per permit 354.00
STREET EXCAVATION $821 per permit plus $8.75/linear foot of work being performed 821.00
PERMANENT ENCROACHMENT PERMIT
$487 per permit plus $8.75/linear foot
Plus cost of any damage to public right-of-way or street as determined by the Public Works Director Plus cost of Design Study/Design Review as needed
Plus cost of referral to City Council if needed
487.00
TRAFFIC CONTROL PLAN REVIEW/INSPECTION $693 per review plus $405 per each additional review 693.00 $458 per new application 458.00
$226 per renewal 226.00
USE OF ONLINE ELECTRONIC PAYMENT - CP&B DEPARTMENT 3.5% OF CHARGED AMOUNT USE OF CREDIT/DEBIT CARD - CP&B DEPARTMENT 3.5% OF CHARGED AMOUNT TREE EVALUATION $200 per application 200.00
TREE REMOVAL PERMIT - DEAD TREE $200 per permit 200.00
TREE REMOVAL PERMIT $682 per permit 682.00
TREE PRUNING PERMIT $262 per permit 262.00
PRUNING OR REMOVAL OF CITY TREE USING PRIVATE FUNDS
UNDER CITY FORESTER INSTRUCTIONS No permit fee required 0.00 APPEAL TO FOREST & BEACH COMMISSION $1,847 per appeal plus actual outside costs 1,847.00 APPEAL TO CITY COUNCIL $1,847 per appeal plus actual outside costs 1,847.00 REMOVAL OF PRIVATE TREE FALL IN PUBLIC RIGHT-OF-WAY Charge the fully allocated hourly rate for all personnel involved plus any outside costs DAMAGE TO CITY PROPERTY Charge the fully allocated hourly rate for all personnel involved plus any outside costs
USE OF ONLINE ELECTRONIC PAYMENT - PUBLIC WORKS
DEPT 3.5% OF CHARGED AMOUNT
USE OF CREDIT/DEBIT CARD - PUBLIC WORKS DEPT 3.5% OF CHARGED AMOUNT First Response - No Charge 0.00
Second Response the same day - $224 per response 224.00 Third Response within a calendar year - $561 per response 561.00 First Activation - $112 112.00
Second Activation - $134 134.00
Each Subsequent Activation in a calendar year - $202 202.00 New - $39 per permit 39.00
Renewal - $28 per permit 28.00
VEHICLE IMPOUND RELEASE $157 per vehicle 157.00
MISDEMEANOR BOOKING Non-Carmel bookings - $168 per booking 168.00 MISCELLANEOUS POLICE PERMIT $207 per application plus DOJ fees 207.00 FINGERPRINTING ON REQUEST $39 plus outside agency fees 39.00 CLEARANCE FORM TRAVEL LETTER $56 per letter 56.00
VIN VERIFICATION $56 per vehicle 56.00
Bench Program
Encroachment Permits
SIDEWALK VENDING PERMIT
PUBLIC WORKS/FORESTRY
Police Services
LOUD PARTY PUBLIC DISTURBANCE RESPONSE
POLICE FALSE ALARM RESPONSE
ALARM PERMIT
PUBLIC SAFETY
CARMEL-BY-THE-SEA 3 of 4
Attachment 2
FEE SCHEDULE EFFECTIVE AUGUST 5, 2024 - JUNE 30, 2025 Fee CITATION SIGN-OFF Non-Carmel citations - $28 per citation 28.00 SIGN ABATEMENT $28 per sign 28.00
POLICE COURT WITNESS Fees are set by the court
POLICE REPORT COPY First 10 pages - No Charge. Each additional page - $0.20. 0.20 POLICE PHOTOGRAPH COPY Photo - $5 per photo. Digital - $5 per disk. 5.00 Within a calendar year:
First impound - $112 112.00
Second impound - $134 134.00
Third and subsequent impounds - $157 157.00
Local Transport - $28 per transport 28.00
To County Animal Shelter - $102 per transport 102.00
$34 per permit 34.00
$124 Misuse of Residential Permit 124.00
$17 non-specific 17.00
$28 space-specific 28.00
NORTON COURT PARKING GARAGE $2,460 annually per space, $615 quarterly per space 2,460.00 FIRE PLAN CHECK/ REVIEW/INSPECTIONS Current fee schedule as adopted by City of Monterey Council USE OF CREDIT/DEBIT CARD - PUBLIC SAFETY DEPTS 2.5% OF CHARGED AMOUNT Fixed Location - $348 per application + $4 State fee ($352) 348.00 In-and-About - $23 per application + $4 State fee ($27) 23.00 Home Occupation - $146 per application + $4 State fee ($150) 146.00 BUSINESS LICENSE RENEWAL PROCESS $17 per renewal 17.00
DUPLICATE BUSINESS LICENSE $10 per license 10.00
CHANGE BUSINESS NAME $23 per business 23.00
NSF CHECK PROCESSING $45 per NSF check 45.00
First 10 copies - No Charge 0.00
Additional copies - $0.20 per copy 0.20
FPPC copies - $0.10 per copy plus $5 for retrieval of documents if more than five years old plus postage cost if mailed 0.10 ELECTRONIC FILE COPY $5 per device 5.00
DOCUMENT CERTIFICATION $10 per document 10.00
RECORD COMPILATION Record Compilation/Creation - charge the fully allocated hourly rate for all personnel involved plus any outside costs.
LOCAL CANDIDATE FILING $25 per candidate. Fee is set by the State. 25.00 LOCAL INITIATIVE PROCESSING $200 per initiative. This fee is limited by the State Law, Elections Code Section 9202(b). Fee is refundable to the filer, if within one year of filing the notice of intent, the elections official certifies the sufficiency of the petition. 200.00 USE OF CREDIT/DEBIT CARD - ADMINISTRATION DEPT 2.5% OF CHARGED AMOUNT Finance
City Clerk
DOCUMENT REPRODUCTION/SCANNING
ANIMAL TRANSPORT
Parking
RESIDENT/EMPLOYEE PARKING PERMIT
CONTRACTOR PARKING PERMIT
Fire Services
ADMINISTRATIVE SERVICES
NEW BUSINESS LICENSE/REGISTRATION PROCESS
ANIMAL IMPOUND
Animal Services
CARMEL-BY-THE-SEA 4 of 4
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 4, 2024
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Paul Tomasi, Chief of Police & Public Safety Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
First Reading and Introduction of Ordinance No. 2024-001, adding Chapter 8.30 to Title 8 to the Carmel-by-the-Sea Municipal Code regarding a policy related to the use of Military Equipment by the Carmel-by-the-Sea Police Department Recommendation:
1. Request the City Attorney read the title of the Ordinance only; and
2. Waive the reading in full and introduce Ordinance No. 2024-001 adding Chapter
8.30 to Title 8 to the Carmel-by-the-Sea Municipal Code regarding a policy related to the use of Military Equipment by the Carmel-by-the-Sea Police Department; and set a second reading for July 8, 2024.
RECOMMENDATION:
Staff is requesting the following motions:
1. Request the City Attorney read the title of the Ordinance only; and
2. Waive the reading in full and introduce Ordinance No. 2024-001 adding Chapter 8.30 to Title 8 to the Carmel-by-the-Sea Municipal Code regarding a policy related to the use of Military Equipment by the Carmel-by-the-Sea Police Department; and set a second reading for July 8, 2024.
BACKGROUND/SUMMARY:
On September 30, 2021, California Assembly Bill 481 (AB 481) known as the Law Enforcement and state agencies: military equipment, funding, acquisition, and use Act was signed into law. Subsequently, the California Government Code (GC) §§ 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 is attached to this staff report for reference.
In enacting AB 481, the Legislature stated the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials to increase transparency, accountability, and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment.
The bill requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, through the adoption of a military equipment use policy as required by ordinance. The process shall be held at a regular public meeting in accordance with the Ralph M. Brown Act prior to the agency funding, acquiring, or using military equipment.
Other requirements are as follows:
Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece (Each section listed in the attached policy and equipment list were created in adherence to the specified mandates of the GC) The LEA shall post the proposed policy on their website at least 30 days prior to any public hearing related to this policy.
The LEA will submit an annual Equipment and Use Report within one year of approval, and annually thereafter.
Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases.
The report shall be available on the LEA’s website for as long as the equipment is available for use. The LEA shall hold a well-publicized and conveniently located community engagement meeting within 30 days of the report’s submission.
GC § 7070 provides a list of sixteen (16) categories of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated government codes. The categories are listed below, and the items owned or purchased by the Carmel-by-the-Sea Police Department (CPD) are in bold text:
1) Unmanned, remotely piloted, powered aerial or ground vehicles. 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. 3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6) Weaponized aircraft, vessels, or vehicles of any kind. 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. 8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. 11) Any firearm or firearm accessory that is designed to launch explosive projectiles. 12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; and, 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
Carmel-by-the-Sea Police Department equipment considered “Military Equipment” per AB481 AB 481 (10) The CPD currently possesses and operates 6 Colt M4- AR15 style semi-automatic rifles.
Although, the rifles issued by the CPD are considered standard issue and not required to be listed per AB 481, we have included them on our list of military equipment for Council review. These rifles are similar to civilian style rifles and are not controlled by the Department of Defense nor were they obtained through any surplus military program.
Specialized tools and firearms including patrol rifles, enable officers (when in compliance with the CPD’s Use of Force Policy) to address short to long distance threats, or those threats who are heavily armed, armored or both. Furthermore, in both short and long-distance deployments, rifles allow officers a more precise shot placement minimizing the risk to officers and innocent community members. Unfortunately, with the regularity of active shooters/active aggressor incidents throughout the country, this has become a necessary tool to counter such threats to our community. There are no known alternatives to these weapons that will provide the same level of distance or precision.
The rifles have been standard issue equipment for each officer in the department for almost 10 years and are carried in the patrol vehicle during the officer’s routine patrol shifts. Each officer is required to complete a 16-hour POST certified rifle course before they are issued the rifle. Officers conduct semi-annual training on the rifle and qualify at the range at least once a year.
The CPD purchased the rifles in 2015. Each rifle with optics and accessories costs approximately $1,500 to acquire at the time of purchase. These rifles were purchased prior to adoption of AB 481 and the Department does not have a current need to purchase additional rifles. The cost to maintain the rifles and accessories is negligible.
AB 481 (15)
The CPD possesses four (4) Kel Tec KSG Shotguns converted for less lethal applications. The shotguns are easily identified by the bright orange stock and foregrip and fire a kinetic energy munition that resembles a small bean bag (aka “bean bag” or “super sock”). Each projectile weighs approximately 40 grams and travels at a significantly lower velocity than a regular firearm projectile minimizing the potential for penetrating a person’s clothing or skin. These devices are available to patrol officers as a less lethal option when confronting a non-cooperative or violent subject when other force or de-escalation options are not practical.
These shotguns were purchased in 2017, at a cost of $500 each and replaced 25 year old shotguns that had been converted for less lethal use. The cost to maintain the rifles and accessories is negligible.
Monterey Peninsula Regional Special Response Unit (MPR SRU or SRU for short) The CPD participates in the Monterey Peninsula Regional Special Response Unit (SRU). The SRU is a specialized team that operates under an MOU between seven Monterey Peninsula agencies. Each agency provides officers, command staff, and resources to provide a tactical team to address the ongoing needs of the Peninsula as well as assisting other jurisdictions in the region. The SRU provides a resource to respond to critical incidents, planned and unplanned high-risk events, and other specialized incidents as needed. The SRU utilizes various pieces of equipment that qualifies as Military Equipment as defined in AB 481. All SRU equipment is paid for by the SRU and purchased through a purchasing agent. Each member department can be a purchasing agent for SRU and is then responsible for that military equipment purchased. The CPD does not own any military equipment purchased or funded for use by the SRU.
FISCAL IMPACT:
There are no new financial considerations for existing military equipment since most of the items were purchased prior to the enactment of AB 481 or already funded by the MPR SRU.
PRIOR CITY COUNCIL ACTION:
None
ATTACHMENTS:
Attachment 1) Draft Ordinance No. 2024-001
Attachment 2) AB 481
Attachment 3) CPD Policy 701 Military Equipment
Attachment 4) Military Equipment List Owned by CPD
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2024-001
AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA ADDING CHAPTER 8.30 TO TITLE 8 OF THE CITY OF CARMEL-BY-THE-SEA MUNICIPAL
CODE REGARDING A POLICY RELATED TO USE OF MILITARY EQUIPMENT USE
BY THE CARMEL-BY-THE-SEA POLICE DEPARTMENT
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481 (AB 481), codified at California Government Code Sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy at a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of “military equipment”. The term “military equipment” is defined in California Government Code Section 7070(c); and
WHEREAS, AB 481 allows the City Council to approve the funding, acquisition, or use of military equipment, within its jurisdiction only if it makes specified determinations; and WHEREAS, the Carmel-by-the-Sea Police Department’s Draft Military Equipment Use Policy No. 701 was published on the Carmel-by-the-Sea website on the Police Department Policy page on April 24, 2024, and is being presented to the City Council on June 4, 2024; and WHEREAS, the proposed Military Equipment Use Policy No. 701 meets the requirements of California Government Code Section 7070; and
WHEREAS, this ordinance adds Chapter 8.30 to Title 8 of the Municipal Code to adopt Carmel-by-the-Sea Police Department’s Draft Military Equipment Use Policy No. 701 and authorize the use of “military equipment” by the members of the Carmel-by-the-Sea Police Department as described in Policy 701; and
WHEREAS, In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. and found this activity is not a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA HEREBY ORDAIN AS FOLLOWS:
Attachment 1
SECTION 1. Chapter 8.30 is hereby added to Title 8, Health and Safety, of the Carmel-by-theSea Municipal Code to read as follows:
Chapter 8.30 Law enforcement military equipment funding, acquisition, and use ordinance.
8.30.010. Policy. The Police Department shall establish a policy by ordinance that requires approval from the City Council prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by this paragraph.
8.30.020. Military Equipment. For purposes of this Chapter 8.30 “military equipment” shall have the meaning provided in California Government Code Section 7070(c).
The policy shall be established, maintained, and amended as needed in accordance with California Government CodeSection 7071(a)(1).
SECTION 2. Determinations. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:
1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code Section 7071(d).
2. The Carmel-by-the-Sea Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
Attachment 1
3. The Carmel-by-the-Sea Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
4. The military equipment identified in the Carmel-by-the-Sea Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.
5. Prior military equipment use by the Carmel-by-the-Sea Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
6. The Carmel-by-the-Sea Police Department’s Draft Military Equipment Use Policy, Policy 701, setting forth the City’s military equipment use policy is hereby adopted.
SECTION 3. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining sections, subsections, provisions, sentences, clauses, phrases or words of this Ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea.
SECTION 5. Codification. The City Clerk is hereby authorized and directed to codify the provisions of Section 1 of this Ordinance into the Carmel-by-the-Sea Municipal Code.
INTRODUCED, at a Regular City Council Meeting on June 4, 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this X day of X, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
________________________ _______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
92 Attachment 2
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
Attachment 2
(d) Le
gally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding,Acquisition, and Use of Military
Equipment
7070.For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
Attachment 2
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
Attachment 2
authority, and, if applicable, what le
gally enforceable sanctions are put in
place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
Attachment 2
the military equipment until it recei
ves the approval of the governing body
in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
Attachment 2
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
Attachment 2
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
Attachment 2
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
92 — 9 — Ch. 406
Attachment 2
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Carmel-by-the-Sea Police Department 1 701 Military Equipment
701.1 PURPOSE AND SCOPE
This policy governs the use of military equipment, as defined in Government Code § 7070, as may be amended. The Carmel-by-the-Sea Police Department (CPD) and its members will comply with provisions of Government Code §§ 7071, 7072, and with otherwise applicable department policies, with respect to military equipment. 701.1.1 DEFINITIONS
This policy adopts the following definitions set forth in Government Code § 7070 (c)(1) through § 7070 (e)(16) as may be amended or superseded:
Governing body – The elected or appointed body that oversees the Department.
Military equipment –
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Carmel-by-the-Sea Police Department 2 10. Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as defined in sections § 30510 and § 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service issued handheld pepper spray.
13. TASER® Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag”, rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
701.2 POLICY
It is the policy of the Carmel-by-the-Sea Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Use of military equipment should safeguard public welfare, safety, civil rights, and civil liberties.
701.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Police Commander to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Carmel-by-the-Sea Police Department 3 (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Carmel-by-the-Sea Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Coordinating the process for a person to register a complaint, concern, or question about the use of a type of military equipment. The Department will respond in a timely manner.
A complaint, concern or question related to Military Equipment utilization by the Carmelby-the-Sea Police Department can be made through any of the below listed methods:
Email: [email protected]
By phone: (831) 624-6403
By mail: Carmel-by-the-Sea Police Department
Attn: Military Equipment Use Coordinator
P.O Box 600
Carmel-by-the-Sea, CA 93921
In person: At the address list above
701.4 APPROVAL
This policy, and any subsequent amendments, will be available on the department website at least 30 days prior to any public hearing concerning the military equipment at Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Carmel-by-the-Sea Police Department 4 issue. This policy will be submitted to the City Council for approval and will remain in effect only if it is approved within 180 days of submission. Approval of this policy or any subsequent amendments requires adoption by ordinance at an open session of a regular meeting providing for public comment. The department will cease use of any military equipment if its use, or the policy for its use, is not approved. An approved military equipment use policy is required prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 701.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to CPD shall comply with their respective military equipment use policies. CPD is a participating member of the Monterey Peninsula Regional Special Response Unit (MPRSRU) in collaboration with other law enforcement agencies on the Monterey Peninsula. MPRSRU provides capabilities to address specific law enforcement issues, such as active shooter incidents, hostage situations, barricaded subject incidents, etc. CPD also collaborates and works with the Monterey County Sheriff's Department and other local, state and federal law enforcement agencies that may provide aid to CPD. Military equipment owned by other jurisdictions that may be used by MPRSRU inside the City of Carmelby-the-Sea's jurisdiction is listed in Section Two of the Military Equipment Inventory.
Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Carmel-by-the-Sea Police Department 5 CPD is authorized to use that military equipment in connection with MPRSRU activities/responses.
701.6 ANNUAL REPORT
Within one year of approval of the military equipment use policy, and annually thereafter, the Chief of Police or the authorized designee will submit a military equipment report for each type of approved military equipment for as long as the military equipment is available for use. The annual military equipment report will be publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment.
701.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the funding, acquisition, or use of military equipment.
701.8 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment owned and/or utilized by the Carmel-by-the-Sea Police Department.
See attachment: CPD 706, CPD Equip Owned Oper.pdf
Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Carmel-by-the-Sea Police Department 6 Attachments
Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Carmel-by-the-Sea Police Department 7 CPD 701
CPD Equip Owned Oper.pdf
Attachment 3
Carmel-by-the-Sea Police Department
Military Equipment List
July 2024
Type Section 14 - Less lethal shotguns and kinetic energy munitions Description Kel-Tec KSG patrol shotguns converted to less lethal The shotguns have orange colored stock and foregrip to signify a less-lethal device Quantity Four (4)
Capabilities The less lethal shotgun platform utilizes kinetic energy munitions (aka “bean bag” or Super-Sock©) which are shot filled ballistic fiber, weighing approximately 40 grams, and resembling a small bean bag or sock. The bag travels at a lower velocity than a regular shotgun projectile to reduce any potential penetration and an advertised maximum effective range of 75 feet.
Expected Lifespan 20 + years
Manufacturer’s
Description
The Kel-Tec KSG is a bullpup 12-gauge pump-action shotgun designed by Kel-Tec. It has two tube magazines which the user of the gun can switch between manually. Each tube holds up to seven
2.75” shotgun shells or six 3” shotgun shells. 26.1” in overall length with 18.5” barrel length.
Purpose and
Authorized Use
This platform and munitions are utilized as a less-lethal force option by officers who have successfully completed the required training.
Fiscal Impact The initial cost to purchase the (4) shotguns was $3,146.30 in 2019; however, the cost of conversion was approximately $350.00 per shotgun.
On-going: approximately $200.00 for ammunition per year for practice and qualification.
Legal, Procedural,
and Compliance
CA Commission on Peace Officer Standards and Training (POST) Reg: 1005 (Minimum training standards), Reg 1081 (Shotgun)
CPD Policies – 300 (Use of Force), 308 (Control Devices and Techniques), 312 (Firearms) Training
Requirements
The initial training for the shotgun platform: POST Reg 1005 (Minimum training standards),1081 (16 hours for shotgun), 1082 (Minimum Content – Less Lethal Instructors) Less lethal training: POST certified less lethal device course 2- or 4-hour course Carmel-by-the-Sea Police Department
Military Equipment List
July 2024
Type Section 10 - Patrol rifle/carbine, semi-automatic
Description Colt M4/AR15 (6); Patrol rifles are fitted with EOTECH holographic sights Quantity Six (6)
Capabilities Colt M4/AR15 fire a .223 cal./5.56 mm rifle ammunition which offer more power, range, and accuracy at longer distance than the issued service handgun.
Expected Lifespan 15+ years
Manufacturer’s
Description
“The combat proven M4 platform takes a tactical turn with the release of the Colt® Law Enforcement M4 Carbine Semi-Auto Rifle. The 6-position collapsible stock offers custom adjustment from 35.5" down to 32" for increased maneuverability in tight quarters. This fast-aiming, and reliable carbine comes equipped with muzzle compensator and Magpul MBUS folding backup sight ready when you need it. The 16.1" M4 chrome-lined barrel has 1:7 rate-of-twist rifling*.” Purpose and
Authorized Use
The patrol rifle/carbine enables officers to address short to long distance threats, and/or those threats who are heavily armed, armored, or both. In both short and long-distance deployments, patrol rifles provide officers with a platform that can assist in a more precise shot placement reducing the risk to officers and innocent by-standers.
Fiscal Impact Initial: Approximately $1,500/rifle at the time of purchase (between 2005 and 2016) Ongoing: approximately $2,000.00 in ammunition cost annually for training and qualification Legal, Procedural,
and Compliance
Penal Code 33220(b) - Authorization and requisite POST training requirements POST Reg: 1005 (Minimum training standards), 1070 (Certified instruction), 1081(Rifle) CPD Policies: 300 (Use of Force), 312 (Firearms)
Training
Requirements
16-hour POST certified patrol rifle course taught by POST certified instructors; annual training and qualification
* Description for specific models owned by CPD are no longer available on the current Colt website. Description taken from Cabelas.com for Colt LE Carbine.
Carmel-by-the-Sea Police Department
Military Equipment List
July 2024
Type Section 12 - Irritant munitions (aka “tear gas”)
Description Combined Systems Inc. (CSI), Combined Tactical Systems (CTS) irritant munitions Quantity Fifteen (15) CTS 3330, 37mm CS Liquid Barricade Smokeless Twenty-five (25) CTS 3300, 37mm Inert Barricade Smokeless Nine (9) CTS 5230, CS Cannister Grenade
Capabilities 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Velocity 385-425 fps, effective range of 50 yards 3300 – Inert. Velocity 385-425 fps, effective range of 50 yards 5230 - Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard.
Expected Lifespan 5-year warranty
Manufacturer’s
Description
“CTS produces a full line of chemical irritant and smoke munitions. The comprehensive line includes grenades, 12gauge, 37mm and 40mm projectiles. These less-lethal options address a wide range of scenarios from assisting tactical teams in displacing or detecting barricaded subjects to aiding riot control units charged with maintaining order in public or correctional environments.” “CTS Manufactures a wide range of single and multiple projectile munitions with payload capabilities exceeding those of any other less-lethal manufacturer. Single projectile offerings are extremely accurate for selective engagement in a variety of situations.”
Purpose and Authorized
Use
The Monterey Peninsula Regional Special Response Unit (SRU) members utilize these devices to distract and/or gain compliance of potentially dangerous individuals during critical incidents such as a violent barricaded subject, hostage situations, high-risk search warrant or arrest warrant situations.
Fiscal Impact No direct cost to the City; Recent purchase was $2,645.10 funded by the SRU Replacement cost varies depending on utilization $ 23.00 – 36.00 per individual device, funded by SRU Legal, Procedural, and
Compliance
Penal Code 22820 (required POST training)
POST Reg: 1070 (Certified Instruction), 1081 (Chemical Agents), 1082 (Chemical Agent Instructor) CPD Policies: 300 (Use of Force), 404 (MPR SRU)
Training Requirements POST chemical agents, three modules, 10-hour course. SRU training: 80-hour POST certified basic S.W.A.T. course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.