Carmel-by-the-Sea City Council
May 6, 2025

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG D4 69 02 19
c. Persons or organizations making claims
or bringing "suits"; or
d. "Projects" or "locations".

3. The following replaces Paragraph 2. of SECTION
III – LIMITS OF INSURANCE:

2. a. The Total Aggregate Limit shown in the
Schedule – Limits Of Insurance And
Designated Projects And Locations is the
most we will pay for the sum of all
amounts under the Designated Location
Aggregate Limit and all amounts under
the General Aggregate Limit. This
includes:
(1) Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in
the "products-completed operations
hazard";
(2) Damages under Coverage B; and
(3) Medical expenses under Coverage C.
b. The Designated Project Aggregate Limit
shown in the Schedule – Limits Of
Insurance And Designated Projects And
Locations applies and is further subject to
all of the following provisions:
(1) The Designated Project Aggregate
Limit is the most we will pay for the
sum of:
(a) Damages under Coverage A
because of "bodily injury" and
"property damage" caused by
"occurrences"; and
(b) Medical expenses under
Coverage C for "bodily injury"
caused by accidents;
that can be attributed only to
operations at a single "project".
(2) The Designated Project Aggregate
Limit applies separately to each
"project".
(3) The Designated Project Aggregate
Limit does not apply to damages
because of "bodily injury" or "property
damage" included in the "productscompleted operations hazard".

Instead, the Products-Completed
Operations Aggregate Limit
described in Paragraph 3. below
applies to such damages.
(4) The Designated Project Aggregate
Limit does not apply to damages
under Coverage B. Instead, the
General Aggregate Limit described in
Paragraph 2.d. below applies to such
damages.
(5) Any payments made for damages or
medical expenses to which the
Designated Project Aggregate Limit
applies will reduce the Designated
Project Aggregate Limit for the
applicable "project". Such payments
will not reduce the Total Aggregate
Limit, the General Aggregate Limit
described in Paragraph 2.d. below,
the Designated Project Aggregate
Limit for any other "project" or the
Designated Location Aggregate Limit.
c. Subject to the Total Aggregate Limit
described in Paragraph 2.a. above, the
Designated Location Aggregate Limit
shown in the Schedule – Limits Of
Insurance And Designated Projects And
Locations applies and is further subject to
all of the following provisions:
(1) The Designated Location Aggregate
Limit is the most we will pay for the
sum of:
(a) Damages under Coverage A
because of "bodily injury" and
"property damage" caused by
"occurrences"; and
(b) Medical expenses under
Coverage C for "bodily injury"
caused by accidents;
that can be attributed only to
operations at a single "location".
(2) The Designated Location Aggregate
Limit applies separately to each
"location".
(3) The Designated Location Aggregate
Limit does not apply to damages
because of "bodily injury" or "property
damage" included in the "productscompleted operations hazard".

Instead, the Products-Completed
Operations Aggregate Limit
described in Paragraph 3. below
applies to such damages.
(4) The Designated Location Aggregate
Limit does not apply to damages
under Coverage B. Instead, the
General Aggregate Limit described in
50 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Insurance Coverage Attachment 3

COMMERCIAL GENERAL LIABILITY
CG D4 69 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Paragraph 2.d. below applies to such
damages.
(5) Any payments made for damages or
medical expenses to which the
Designated Location Aggregate Limit
applies will reduce:
(a) The Total Aggregate Limit; and
(b) The Designated Location
Aggregate Limit for the applicable
"location".

Such payments will not reduce the
General Aggregate Limit described in
Paragraph 2.d. below, the
Designated Project Aggregate Limit
or the Designated Location
Aggregate Limit for any other
"location".
d. Subject to the Total Aggregate Limit
described in Paragraph 2.a. above, the
General Aggregate Limit shown in the
Schedule – Limits Of Insurance And
Designated Projects And Locations
applies and is further subject to all of the
following provisions:
(1) The General Aggregate Limit is the
most we will pay for the sum of:
(a) Damages under Coverage A
because of "bodily injury" and
"property damage" caused by
"occurrences", and medical
expenses under Coverage C for
"bodily injury" caused by
accidents, that cannot be
attributed only to operations at a
single "project" or a single
"location"; and
(b) Damages under Coverage B.
(2) The General Aggregate Limit does
not apply to damages for "bodily
injury" or "property damage" included
in the "products-completed operations hazard". Instead, the Products-Completed Operations
Aggregate Limit described in
Paragraph 3. below applies to such
damages.
(3) Any payments made for damages or
medical expenses to which the
General Aggregate Limit applies will
reduce:
(a) The Total Aggregate Limit; and
(b) The General Aggregate Limit.

Such payments will not reduce the
Designated Project Aggregate Limit
for any "project" or the Designated
Location Aggregate Limit for any
"location".

4. The following replaces Paragraph 3. of SECTION
III – LIMITS OF INSURANCE:

3. The Products-Completed Operations Aggregate Limit shown in the Declarations is the most we will pay under Coverage A for
damages because of "bodily injury" or
"property damage" included in the "productscompleted operations hazard". Any payments made for such damages will not reduce the
Total Aggregate Limit, the General Aggregate
Limit, the Designated Project Aggregate Limit
for any "project" or the Designated Location
Aggregate Limit for any "location".

5. The following is added to the DEFINITIONS
Section:
"Location" means any designated location shown
in the Schedule – Limits Of Insurance And
Designated Projects and Locations that is owned
by or rented to you. For the purposes of
determining the applicable aggregate limit of
insurance, each "location" that includes a
premises involving the same or connecting lots,
or premises whose connection is interrupted only
by a street, roadway or waterway, or by a right-ofway of a railroad, will be considered a single "location".
"Project" means any designated project shown in
the Schedule – Limits Of Insurance And
Designated Projects And Locations that is away
from premises owned by or rented to you and at
which you are performing operations pursuant to
a contract or agreement. For the purposes of
determining the applicable aggregate limit of
insurance, each "project" that includes a premises
involving the same or connecting lots, or
premises whose connection is interrupted only by
a street, roadway or waterway, or by a right-ofway of a railroad, will be considered a single "project".

Insurance Coverage City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 51 Attachment 3
DATE OF ISSUE: Page of
CG T8 01 08 24
07/02/2024 1 1
52 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Insurance Coverage Attachment 3
DATE OF ISSUE: Page of
CG T8 02 08 24
07/02/2024 1 1
Insurance Coverage City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 53 Attachment 3
Policy # 6801H486252
54 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Insurance Coverage Attachment 3




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Policy # 6801H486252
Insurance Coverage City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 55 Attachment 3

COMMEA RCI L AUTO
THIS ENDORSEMENT CHANGES TEH POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This n n oi sn e dorseme tm d fie i surance provi t ol w ded under he f lo ing:

BUSIS U CE O NE SA TO OV RAGE F RM

MO R RE E G O TO CA RI R COV RA EF RM
The folw s lo ing i added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II COVR TS E ED AU O sig u fr ned by yo be oe the "bodil" r y injury or "prope ty LI LT V R ABI I Y CO E AGE in the BUSINEO SS AUT dama" s ge occur and that is in effcet during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured fore Cov red An Insured, of SECTION II COV TS ERED AU O Autosi e Liabil ty Cov rage, but onr a ly fo dam ges to LI LT V ABI I Y CO ERAGE in the MOTOR CARRIER which this insurance appliesd an only to the extf ent o COVERAGE FORM, whichevev r Co erage Form is that person r r in 's oo ganizat o 's liabi r n il ty fo the co duct par f o c: to y ur poli y ofhs anot er "in ured".

Thisn u s n z i cl de any perso or organi ation who you are reqr r ui ed unde a written contrc r r m at o ag ee ent CA T0 4 37 2 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy: BA0S474363
56 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Insurance Coverage Attachment 3

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations

5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver apers To Us plies only to the person or organization desigWe waive nated in such contract. any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy # BA0S474363
Insurance Coverage City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 57 Attachment 3

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation premium.

Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

UB7J712856
Travelers Property Casualty Company of America
7/18/2024
58 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Insurance Coverage Attachment 3
Fee Schedule
Fee Schedule City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 59 Attachment 3
This section provides a description of the expected budget for the work described for Objective Design Standards Consultant Services in the RFP.

A summary cost table is included on the next page, providing totals by task as described in our detailed work plan. A detailed cost table with details of personnel hours can be provided upon request. Our "not-to-exceed" fixed fee for our base scope of work is $90,000.

Additional Terms for Budget

1. Budget does not include rental or purchasing fees for space or equipment for workshops, charrettes and other meetings. (Consultant to bring computers and drafting supplies.) Consultant will not be responsible for any such planning or expenses.

2. Budget does not include food for participants other than the design team for workshops, charrette and working sessions.

3.Budget does not include postage associated with public outreach and marketing.

4.Budget does not include installation of any and all public outreach media including but not limited to banners and signage.

5. In the interest of environmental considerations, the consultant will provide a PDF file of each deliverable unless otherwise specified.

6.Client shall be paid on a fee basis for performance of services under this agreement in accordance with the table above.

Any additional tasks performed outside of those specified above, such as attending additional meetings or completing additional revisions beyond the hours or number of revisions specified above, will be compensated at the hourly rates listed in the table above (subject to increase by five percent (5%) on January 1 of each calendar year occurring during the term of this agreement.)
Rates Schedule
Preliminary Fee Schedule
Position at Opticos Design - 2025 Hourly Rate
Principal $350
Senior Associate $260
Associate II $235
Associate I $210
Senior Designer $195
Designer $185
60 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Fee Schedule Attachment 3
Proposed Budget

PROPOSED WORK PLAN FEES
Task 1 Project Startup & Management $20,510

1.1 Project Startup & Kickoff Meeting $2,350

1.2 Coordination calls with City (12) $9,240

1.3 Administration & Quality Control $8,920
Task 2 Targeted Community Engagement $22,045

2.1 Working Session #1: Key Projects & Outcomes $2,455

2.2 Local Industry Roundtable Meeting #1 $3,810

2.3 Joint PC/CC Study Sessions (2) $5,430

2.4 Community Meetings (3) $10,350
Task 3 Research $21,280

3.1 Field Visit and Microscale Documentation $13,330

3.2 Review of Background Documents and Key Projects $5,730

3.3 Working Session #2: Findings and Recommendations $2,220 Task 4 Objective Design Standards $109,095

4.1 Outline for ODDS $2,990

4.2 Administrative Draft ODDS $57,330

4.3 Public Draft ODDS $26,640

4.4 Working Session #3: Public Draft ODDS $2,455

4.5 Final ODDS, as adopted $9,680

4.6 ODDS Checklist $10,000
Task 5 Public Meetings $5,220

5.1 Meeting Attendance & Support (2; in-person) $5,220
Expenses $1,850
Total Base Scope of Work (not including Optional Tasks) $180,000 Optional Tasks

2.2A Local Industry Roundtable #2 $4,000

4.2A Additional Architectural Style (each) $15,000

4.2B Site Test & Visualization (each) $10,000

4.2C Project Review Testing (each) $5,000

4.2D Screencheck Draft ODDS $15,000
Fee Schedule City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 61 Attachment 3
Attachment 3
Appendix
Attachment 3
Detailed Work Plan
Task 1. Project Startup & Management
Opticos’ project management is characterized by a highly collaborative approach founded on open communication
and accessible project information. Working closely with you, we will manage the process and efficiently pivot as needed to accommodate change.

1.1 Project Startup & Kickoff Meeting. Opticos will
prepare for and facilitate a virtual meeting with City staff to kick off the project and confirm project goals, finalize schedules and deliverables, establish protocols for
communication, share project information, and coordinate project tasks. This can be an opportunity to refine the scope, consider optional/additional tasks, and discuss
outreach goals. The Kickoff Meeting and Working Session #1 (Task 2.1) will be the initial meetings with staff.

1.2 Coordination calls with City. Opticos will establish a schedule for regular team check-in calls using video
conference (biweekly and as needed, up to 12) with City staff. Agendas will be available beforehand, and meeting notes will be shared through a cloud file-sharing system.

1.3 Administration & Quality Control. Opticos will
manage the project to stay on schedule, within scope
and budget, and maintain quality assurance. Meeting
notes, including action items and deliverable dates, will be provided within the week of the meeting. Progress reports will be provided monthly, including a regularly updated project schedule and invoices.

Task 1 Deliverables
• Kickoff meeting agenda and meeting notes (PDF)
• Coordination meeting agenda and meeting notes
(PDF)
• Monthly invoice, including progress report
Requests for City staff:
• Support in scheduling kickoff meeting and recurring
coordination meetings
This section describes our proposed tasks to successfully complete the work defined in the RFP. For each task, we have identified deliverables and requests for City staff.

Task 2. Targeted Community Engagement
Meaningful input from the community and decisionmakers throughout the project process is key to the success of the ODDS.

2.1 Working Session #1: Key Projects & Outcomes.

Opticos will facilitate a virtual 1.5-hour working session with City staff to hear about key projects and gain insight on what is seen as effective and what needs to be
addressed for improvement. This can be in the standards for entire buildings or certain elements of a building.

2.2 Local Industry Roundtable Meeting #1. In
collaboration with City staff, Opticos will prepare for and facilitate a virtual roundtable meeting with local design and development industry professionals. This meeting will seek input and feedback from local designers, developers, builders, and realtors to share approach and receive
feedback. We will engage the group in a discussion
focusing on ideas for addressing the ODDS. We will also provide our experience to the group on the effectiveness of certain standards (e.g., daylight plane, upper story stepback, maximum building length, architectural style, etc.).
(Optional Task) 2.3 Local Design & Development
Industry Roundtable Meeting #2. In coordination with
City staff, the Opticos team will prepare for and facilitate a second virtual roundtable meeting with local design
and development industry professionals. This meeting will seek input and feedback from local designers, developers, builders and realtors on the Draft ODDS.

2.3 Planning Commission Study Sessions (2). In
coordination with City staff, the Opticos team will
prepare for and facilitate two virtual study sessions with 64 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Appendix Attachment 3
• Where does the Community think it important to
regulate architectural style?
• Are there certain architectural elements, independent of style, that are preferred?

3.2 Review of Background Documents and Key
Projects.

1. Background Documents. Opticos will review the
General Plan's Land Use & Community Character
Element and current Design Guidelines to understand
the policy direction for what the objective design
standards are to allow or require. We will also review
the Local Coastal Plan and applicable chapters of the
Carmel Municipal Code to identify how the ODDS can
be incorporated without conflict.

2. Key Projects. Using the following questions, Opticos will review up to four representative sets of plans for accessory dwelling units, multi-family residential and
mixed-use residential projects to gain insight and clarity of standards compared to outcomes:
• How are the current standards being interpreted and
applied by project designers and developers?
• Are there gaps in what the standards intend versus what complies with them?

3.3 Working Session #2: Findings and
Recommendations. The Opticos team will facilitate a
working session with City staff to discuss the findings and recommendations from Tasks 3.1 and 3.2
Task 3 Deliverables
• Summary of Task 3 Findings (Memo; up to 10 pages)
• Working Session agenda and notes (PDF)
Requests for City staff:
• Provide Opticos team with four projects that include
key desired outcomes and outcomes to be avoided
• Timely response to data request
Task 4. Objective Standards
Using the results of targeted community engagement
and direction from City staff, the Opticos team will work closely with City staff to prepare the ODDS.

4.1 Outline for ODDS. Opticos will prepare an outline to show the proposed content and organization..
the Planning Commission, scheduled at key project
milestones.

2.4 Community Meeting. Two Opticos members will
facilitate up to 3 in-person community meeting to present and receive feedback on key issues over the coure of this project We are open to your ideas on how to structure this meeting; initially, we propose these meetings as "Open
House" format with a presentation and discussion portion at the beginning for attendees to ask questions, present ideas, and use in their review of the Open House materials posted on the walls of the venue. The first meeting, which is intended as an introduction to the project, is proposed to occur in parallel with the Field Visit included in Task 3.1 Task 2 Deliverables
• Engagement preparation and facilitation, including
materials and summary notes for community
meetings (PDF)
Requests for City staff:
• Support in planning logistics and attendance at
events by key City staff
Task 3. Research
The Opticos team will establish an understanding
of Carmel-by-the-Sea from a physical and design
perspective and a policy and regulatory perspective. This research will help in the targeted community engagement and in preparing the ODDS.

3.1 Field Visit and Microscale Documentation. Opticos
will coordinate with City staff to prepare for and facilitate an in-person tour of key areas and projects. We will also prepare microscale documentation by measuring and
photographing key and representative projects and design elements. This information will directly inform the new ODDS with Carmel's "DNA."
Opticos will identify the range of styles in Carmel-by-theSea and the prevalent style(s). We will prepare a diagram of sub-areas annotated with a range of styles, prevalent styles, and any character-defining architectural elements.

We will use this information in the targeted community
engagement to ask the following questions, among
others:
• Which styles are preferred by the Community?
Appendix City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 65 Attachment 3

4.2 Administrative Draft ODDS. Opticos will develop
form-based ODDS, including diagrams and tables, that
clearly communicate design intent and requirements
for building and architectural design, and compatibility between new development and surrounding
neighborhoods. The ODDS will include standards for up
to three architectural styles consistent with the prevalent styles found from Task 3.1.

We will ensure that the document complies with
applicable State laws and enables streamlined review by providing clear and measurable standards. The document
will be designed to convey detailed information in a
graphically rich, user-friendly format.
(Optional Task) 4.2A Additional Architectural Style.

Opticos will prepare standards for an architectural style in addition to the four provided in this proposed work plan.

The additional style is assumed to be one that Opticos
has previously regulated. If it is not one that we have previously regulated, we will need more information from the City to provide a fee estimate.
(Optional Task) 4.2B Site Test & Visualization. Using
standards from the Administrative Draft ODDS, we will
conduct tests on representative or opportunity sites for physical compatibility with the existing context. The test will be used to understand if the design outcomes indicate any gaps in the draft standards. This information will be used to refine the Public Draft ODDS.

Opticos will prepare up to two site visualizations for each site test. The visualizations will illustrate a typical level of information and detail as regulated by the Administrative Draft ODDS.
(Optional Task) 4.2C Project Review Testing. We will
test project applications (recently approved or under
review) using the Administrative Draft ODDS to gain insight into the project review process and to understand how
those projects do or do not meet the draft standards.

Findings from the project review testing will be used to refine the Public Draft ODDS.
(Optional Task) 4.2D Screencheck Draft ODDS. Opticos
will prepare and submit to City staff for internal review a Screencheck Draft of the ODDS that addresses the
comments received on the Administrative Draft ODDS

4.3 Public Draft ODDS. Based on input and direction
on Administrative Draft ODDS, Opticos will prepare and
submit the Public Draft ODDS to the City for review and discussion at Planning Commission and City Council
hearings and for distribution to the general public for review and comment.

4.4 Working Session #3: Public Draft ODDS. Opticos
will schedule a working session with City staff to discuss feedback on the Public Draft ODDS and confirm edits for the final ODDS.

4.5 Final ODDS, as adopted. Upon adoption of the
ODDS, Opticos will prepare final revisions to the ODDS to reflect the City Council’s final actions.

4.6 ODDS Checklist. Based on the Final ODDS, Opticos
will prepare an automated checklist of the adopted
ODDS. The checklist will be created to ensure that
both applicants and staff can easily understand the
requirements for projects eligible for ministerial approval under State law and the City Code.

Task 4 Deliverables
• Administrative Draft, Public Draft, and Final ODDS
(IND & PDF file formats)
Requests for City staff:
• Timely review of drafts and consolidated comments
Task 5. Public Meetings

5.1 Meeting Attendance & Support (2). One member of
the Opticos team will attend up to two public meetings
during the ODDS adoption process. We will support
City staff in preparing for the meetings and will make
presentations at the meetings at the City’s request.

Task 5 Deliverables
• Virtual attendance at public meetings (up to
two total), including support to City staff in the
preparation of materials and reports
Requests for City staff:
• Review and direction on draft staff reports for public hearings from the Opticos team
66 City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal Appendix Attachment 3
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Appendix City of Carmel-by-the-Sea | Objective Design and Development Standards Proposal 67 Attachment 3
Opticos Design, Inc.
2100 Milvia Street, Suite 125
Berkeley, California 94704
510.558.6957
[email protected]
In 2007, Opticos became a founding B
Corporation, establishing a triple bottom
line of social, economic, and environmental
responsibility.

We look
forward to
speaking with
you.

Attachment 3
City of Carmel-by-the-Sea

REQUEST FOR PROPOSALS

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS

CONSULTANT SERVICES

Objective Design and Development Standards(ODDS) for Qualifying Accessory Dwelling Units, Multi-Family Residential, and Mixed-Use Residential Projects

Date Issued:

Wednesday, December 18, 2024

Submittal Deadline:

Monday, February 3, 2025, at 5:00 P.M.

Issued By: City of Carmel-by-the-Sea
Community Planning & Building Department
Monte Verde 4 SE Ocean Avenue
PO Box CC
Carmel-by-the-Sea, CA 93921
www.ci.carmel.ca.us
Attachment 4
Table of Contents
A. Purpose............................................................................................................................ 4 B. Overview.......................................................................................................................... 4 C. Minimum Qualifications .................................................................................................. 5 D. General Provisions and Requirements............................................................................. 6 E. Scope of Services............................................................................................................. 6 F. Proposal Format and Submittal Requirements................................................................ 7 G. Evaluation Process........................................................................................................... 9 H. Proposal Evaluation Criteria........................................................................................... 10 I. Oral Interview (if necessary).......................................................................................... 11 J. Additional Information................................................................................................... 11 K. Attachments.................................................................................................................. 13 ATTACHMENT 1 - CONFLICT OF INTEREST STATEMENT ........................................................ 14 ATTACHMENT 2 - REFERENCES.............................................................................................. 16 ATTACHMENT 3 - STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE ......................................... 18 ATTACHMENT 4 - CITY OF CARMEL-BY-THE-SEA STANDARD CONSULTANT SERVICES AGREEMENT ............................................................................................................................................... 19

Attachment 4
Proposals Due: Monday, February 3, 2025, at 5:00 pm.

Consultants may view and download this RFP electronically from the City’s website at www.ci.carmel.ca.us. Consultants are responsible for checking the City’s website for any updates and addenda related to this RFP. For any questions or assistance, please reach out to the City’s contact: [email protected].

Schedule of Activities: The City reserves the right to amend the schedule below as necessary.

RFP released December 18, 2024
Deadline for Questions Submitted (5:00 p.m.) January 17, 2025 Proposal Submission Deadline (5:00 p.m.) February 3, 2025 Proposal Evaluation February 17, 2025
Consultant Interviews/Presentations (if necessary) Week of February 17, 2025 Contract Negotiations and Execution Week of February 24, 2025 City Contact: For all questions related to the RFP, email the City’s Contact listed below:

Marnie R. Waffle, AICP, Principal Planner
City of Carmel-by-the-Sea
Community Planning & Building Department
PO Box CC
Carmel-by-the-Sea, CA 93921
(831) 620-2057
[email protected]
Attachment 4

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS

CONSULTANT SERVICES
A. Purpose

The City of Carmel-by-the-Sea (City) is seeking proposals from qualified professional consultants to develop objective design and development standards for qualifying accessory dwelling units, multifamily residential, and mixed-use residential projects. Consultants may either be individuals or firms.

B. Overview

The City of Carmel-by-the-Sea is one-square-mile with a population just over 3,000 people. Carmel is a coastal village located wholly within the coastal zone and is known internationally for its white sand beach, quaint downtown, and charming architecture. Incorporated in 1916, Carmel is a community founded by artists and writers. The absence of formal sidewalks in the residential district contributes to the forest character of the village which also contains over 80 acres of parkland.

While Carmel is primarily a residential community, the commercial district boasts over 800 businesses providing a wide array of products and services. It is a world-renowned destination with numerous hotels, restaurants, and shops, art galleries, theatres and music venues. Over 300 buildings are listed on the local historic inventory.

The City is seeking a Consultant to develop objective design and development standards for accessory dwelling units, multi-family residential, and mixed-use residential projects. The standards should honor the architectural history and diversity of the village. The integration of new buildings should respect the scale and character of the village. Particular attention should be given to high-quality building design, architectural style, massing, and height transitions.

Objective design review standards are defined under State law as, “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” (California Government Code, Section 65913.4).

Carmel’s current Residential Design Guidelines and Commercial Design Guidelines were adopted by the City Council in the early 2000’s, and can be found at:
https://ci.carmel.ca.us/post/design-studyreview-process, under Design Guidelines The Carmel General Plan also includes a Land Use & Community Character Element which can be found at: https://ci.carmel.ca.us/post/general-plan
Attachment 4
Consultants are encouraged to review existing policies and guidelines to understand the qualities and architectural heritage of the village. The City is establishing objective design and development standards to:
• Comply with recent State housing legislation.
• Implement streamlined and ministerial review processes for qualifying housing projects. • Ensure that qualifying projects align with the City’s architectural heritage. • Provide a set of clear criteria to guide development. • Establish an objective framework by which a qualifying project will be evaluated.

This is an implementing program of the City’s 6th cycle housing element adopted by the City Council and certified by the State Department of Housing and Community Development in April 2024.

C. Minimum Qualifications

The city is seeking proposals from Consultants with the following minimum qualifications including work experience in coastal areas with unique architectural character:

1. All Consultants must demonstrate that they meet the qualifications set forth in this RFP.

2. Consultants shall identify all key personnel, and each must meet the qualifications set forth in this RFP.

3. Consultants must demonstrate hands-on experience with the development of objective design and development standards.

4. Consultants must have strong communication skills and the ability to communicate effectively with the community and decision makers.

5. Consultants must demonstrate that they have no connection to the city and its staff that could impact their performance of services.

6. All Consultants shall provide at least three references.

The selected Consultant shall have knowledge of the California Coastal Act and Local Coastal Plans, and experience in preparing planning documents, including objective design and development standards, design guidelines, development regulations, and municipal code amendments. The selected Consultant should have the following knowledge and experience:
• Development of objective standards related to high-quality building design, architectural style, and height transitions.
• Experience in preparing design guidelines, objective design standards, and similar planning documents.
• Knowledge of the California Coastal Act and Local Coastal Plans. • Ability to interpret and apply applicable Carmel-by-the-Sea codes, policies, standards, and guidelines.
• Provide timely responses to the city.

Attachment 4
• Ability to provide insurance and indemnities to the City. Professional liability insurance is required. The terms and conditions of the Professional Services Agreement will be negotiated at the appropriate time.
• Experience working with subcontracted consultants where appropriate.

Consultants shall also comply with the following provisions:

1. Each Consultant is responsible for determining and complying with all applicable City business licensing requirements.

2. Each Consultant is responsible for determining and complying with all applicable professional licensing requirements.

D. General Provisions and Requirements

1. Questions related to contract administration matters should be directed to the City’s Contact at [email protected].

2. The Consultant shall maintain any key personnel throughout the duration of the services provided. The Consultant shall conduct their business in a professional manner to schedule and support their personnel to provide the scope of services in a timely and professional manner. The city must approve of any key personnel changes in advance through personnel qualifications review and oral interviews with City staff.

3. The Consultant shall verify that all information submitted to the City is up to the Consultant’s professional standards and satisfaction. Note and report any discrepancies observed in the course of professional activities covered by the services.

4. Deliverables will be submitted in electronic format (PDF) and in native document formats such as Word, Excel, etc. unless otherwise specified.

E. Scope of Services

The city is seeking proposals from Consultants with qualifications and work experience in developing objective design and development standards related to high-quality building design, architectural style, and height transitions. All objective design and development standards shall address accessory dwelling units, multi-family residential and mixed-use residential projects. The objective design and development standards shall be developed consistent with the purpose and intent of existing residential and commercial design guidelines as well as the City of Carmel-by-theSea General Plan and Local Coastal Plan for the review of qualifying housing development applications as required by State law.

Typical services include, but are not limited to:
• Initial meetings with staff.
• Review and analysis of existing planning documents: General Plan, Local Coastal Plan, Residential Design Guidelines, Commercial Design Guidelines, and applicable chapters of the Carmel Municipal Code.

Attachment 4
• Field visits and windshield surveys of existing housing developments. • Proposal scope, products (documents), and schedule.
• Attendance at public meetings to present proposals as required. • Preparation of administrative draft documents.
• Preparation of draft documents for public review.
• Review of draft documents, including review by applicable committees and attendance at public meetings as required.
• Preparation of final documents for adoption.
• Recommendations for the next steps.

F. Proposal Format and Submittal Requirements

Submitting the Proposal

The proposal must be received by the city no later than Monday, February 3, 2025, at 5:00 p.m.

The city requires that all proposals be submitted electronically via email or file sharing sites. The proposal shall be clearly marked for “City of Carmel-by-the-Sea – Objective Design and Development Standards Proposal” and emailed to:

Marnie R. Waffle, AICP, Principal Planner
City of Carmel-by-the-Sea
Community Planning and Building Department
[email protected]
Each Consultant is responsible for confirming the City’s receipt of the proposal. Receipt of a proposal by any other City office will not constitute “delivery” as required by this proposal. Each Consultant assumes full responsibility for the timely delivery of its proposal. Any proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant. No Consultant may submit more than one proposal for this work.

Each proposal must include the following information:

Cover Letter (Maximum 2 pages): Cover letter giving an overview of the Consultant’s general expertise, experience, and ability to perform the scope of services described in this RFP. Include a statement of your general philosophy to undertaking the work. The cover letter shall be signed by an authorized representative of the firm. Attachment 4 is the City’s standard contract for the Professional Services Agreement. In the cover letter, state that the City’s contract template is acceptable to the Consultant or list any exceptions or change requests to the contract provisions.

Certification Forms: Complete and sign the following certification forms, Attachment 1 – Conflict of Interest Statement
Attachment 4
Attachment 2 – References
Attachment 3 – Statement regarding Insurance Coverage and Worker’s Compensation Insurance Acknowledgment Certificate
Review of Scope of Services (Maximum 3 pages): Consultants must comment on their ability to realistically provide the services listed in the Proposed Scope of Services as outlined. Provide comments and suggest modifications, changes, and/or additions as appropriate. Indicate your approach to the project and what specialized skills, services, or unique insights you or your team would bring to the project. Proposals should include how action items would be identified to accomplish the goals and objectives. Describe how and when data and materials will be delivered to the city.

Experience and Expertise: Discuss prior related experience satisfying Minimum Qualifications and what would make you or your firm qualified for development of objective design and development standards consultant services. Emphasize projects of similar scope and magnitude. Any prior expertise in the implementation mechanisms should be explained.

Describe experience in the development of objective design and development standards.

Qualifications of Key Personnel: Identify a project manager and key individuals on the Consultant’s team and their resumes highlighting relevant qualifications and experiences.

Indicate projects that they were assigned to and their specific roles and responsibilities.

Provide a statement regarding the team or firm’s commitment to keep the same personnel throughout this engagement with the city.

Timeline: Provide a timeline for each element of the proposal that is both rigorous and realistic.

The timeline should include how the project will be managed and scheduled and potential ways to phase this work aligned to the approach.

Samples: Provide one to three examples of work products (electronically) involving objective design and development standards.

Disclosure of Litigation/Discipline: If you or firm has ever been disciplined or censured by any regulatory body, disclose the principal facts. If, within the last five years, you or your firm has ever been involved in litigation or other legal proceedings relating to the provision of services, provide an explanation and indicate the current status or disposition of the proceedings.

References (see Attachment 2): A minimum of three (3) current references from past projects (of similar scope) must be provided. All references must contain relevant projects completed within the past five (5) years. Provide the following information for each reference:

Firm, Owner, or Agency Name, Address, Telephone Number, and Email Address Project Description, List of Services Provided
Attachment 4
Insurance Coverage: If applicable, identify carriers, types, and limits of insurance carried. If selected by the City, the Consultant shall maintain minimum coverage requirements for commercial general liability, automobile liability, professional liability, and workers’ compensation as specified in the Professional Services Agreement unless waived by the City Attorney. The Consultant may achieve the required limits and coverage through a combination of primary and excess or umbrella liability insurance provided such policies result in the same or greater coverage as the coverage required by City, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. If selected by the City, the Consultant shall cause the insurance policies required herein to include the City, and their respective officials, officers, employees, and volunteers as additional insureds for claims caused in whole or in part by the Consultant’s negligent acts or omissions. The Consultant shall provide certificates of insurance to the City that evidence compliance with the above.

Preliminary Fee Schedule: Submit a Preliminary Fee Schedule for services provided by the Consultant. The Preliminary Fee Schedule shall be inclusive of all potential work and labor including, but not limited to, the Consultant’s costs for site visits and travel expenses. Each element of the proposal should be itemized and include a time frame, specific personnel to complete, and the cost associated with the item. The City reserves the right to select from the menu of ideas presented in the proposal.

Note: This project is being funded, in part, through a Regional Early Action Planning (REAP) 2.0 grant. REAP 2.0 was established through AB 140 (July 2021). The Association of Monterey Bay Governments (AMBAG) approved the grant guidelines in June 2023. The City of Carmel-by-theSea has been awarded $79,985.00.

Addenda: If any revisions to this RFP become necessary, the City shall provide responses and clarifications to questions via addenda. The last day for the issuance of an addendum is Friday, January 24, 2025.

Addenda to this RFP, if issued, will be posted on the City’s website at www.ci.carmel.ca.us. All Consultants shall verify whether the City has issued an addendum for this Project prior to submitting their proposal and ensure that all requirements of addenda are included.

G. Evaluation Process

The evaluation of proposals shall be within the sole judgment and discretion of the City. All contacts during the evaluation phase shall be through the City’s Contact only. Consultants shall neither contact nor lobby evaluators during the evaluation process. Attempts by the Consultant to contact any reviewers of the proposals except for the City’s Contact may jeopardize the integrity of the evaluation and selection process and risk possible disqualification.

During the proposal evaluation process, written questions or requests for clarification may be submitted by the city to a Consultant regarding its proposal or related matters. Failure to respond Attachment 4
in a timely manner to any such questions or requests may be grounds for the elimination of the Consultant from further consideration.

The city will evaluate each proposal meeting the qualification requirements set forth in this RFP.

After the review of proposals, the highest-ranked Consultants may be invited for oral interviews as part of the selection process, if necessary. The Consultant will be notified of the time and date of oral interviews (likely over Zoom) and if any additional information may be required to be submitted.

The City shall be the sole judge of the evaluation of all proposals. The City’s decision shall be final.

The City reserves the right to reject any and all proposals and waive any irregularity or minor defects in any proposal received.

H. Proposal Evaluation Criteria
The following criteria will be used to evaluate the proposals:

1. Conflict of Interest Statement and Non-Collusion Declaration (Pass/Fail) a. Disclosure of any financial, business, or other relationship with the City of Carmel-bythe-Sea that may have an impact upon performance of services. b. List of current clients who may have a financial interest in the outcome of this contract.

2. Completeness/Organization of the Proposal (5 points) a. Proposal that is current, accurate, and complete in accordance with the requirements of this RFP. The proposal format and organization shall follow the requirements herein. Proposals that do not include the content requirements identified within this RFP and subsequent addenda and do not address items listed shall be considered incomplete.

3. Organization and Approach (10 points)
a. Familiarity with the desired services and demonstrates understanding of objectives. b. Similar experience in development of objective design and development standards in the public and/or non-profit sectors.

4. Qualifications & Experiences (10 points)
a. Meets Minimum Qualifications.
b. Identifies relevant experience, specific qualifications, and technical expertise. c. Demonstrates a history of success in the development of objective design and development standards for other clients.

5. Consultant Accessibility (5 points)
a. A statement addressing ability to fulfill the required responsibilities.

Attachment 4

6. References (10 points)
a. Provide references with the names of at least three (3) agencies the Consultant has previously consulted for in the past five (5) years.

The City will consider any requested changes to the City’s standard contract template but may not be able to accommodate all requested changes.

I. Oral Interview (if necessary)

If necessary, the top-ranking Consultant(s) may be invited to participate in Oral Interviews for a Consultant presentation and Q&A session. A Consultant will be notified of the time and date for oral interviews (likely over Zoom) and if any additional information may be required to be submitted.

Following the City’s determination of the best qualified Consultant for this work, scope of services and final terms will be negotiated, and the Consultant and the City will execute the City’s standard Professional Services Agreement (Attachment 4).

The proposed schedule is as follows:

Activity Anticipated Dates
RFP released December 18, 2024
Deadline for Questions Submitted (5:00 p.m.) January 17, 2025 Proposal Submission Deadline (5:00 p.m.) February 3, 2025 Proposal Evaluation February 17, 2025
Consultant Interviews/Presentations (if necessary) Week of February 17, 2025 Contract Negotiations and Execution Week of February 24, 2025 J. Additional Information

1. Reservation of Rights. The City reserves the right to accept or reject any or all proposals, or to alter the selection process if warranted, to postpone the selection process for its own convenience at any time, and to waive any defects in the RFP. The City also reserves the right to accept or reject any individual subconsultant that a candidate proposes to use. This RFP and the interview process shall in no way be deemed to create a binding contract or agreement of any kind between the City and the Consultants. The City’s standard form of consultant agreement will form the basis of the contract between the parties.

2. Consultant’s Costs. Each Consultant responding to this RFP acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs, and travel expenses, including but not limited to vehicle miles, vehicle rentals, flights, transit fares, and meals, are at the Consultant’s sole expense. The City shall not, under any circumstances, be responsible for any cost or expense incurred by the Consultant. In addition, each Consultant Attachment 4
acknowledges and agrees that all documentation and/or materials submitted with the RFP shall remain the property of the City.

3. Communicating with the City. If you have any questions regarding this RFP, please communicate with the City’s Contact:

Marnie R. Waffle, AICP, Principal Planner
City of Carmel-by-the-Sea
Community Planning and Building Department
PO Box CC
Carmel-by-the-Sea, CA 93921
(831) 620-2057
[email protected]
The City’s sole point of contact for this RFP shall be the City’s Contact who shall administer the RFP process. All communications shall be submitted in writing and shall specifically refer to this RFP (identify in the subject line). Only answers issued by the Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. No contact with other City staff, City Council members, or any other public official concerning the Project during the RFP process is allowed. A violation of this provision may result in the disqualification of the Consultant.

4. Public Record. All responses to this RFP become property of the City and will be kept confidential, subject to the requirements of the California Public Records Act, until a recommendation for the award of a contract has been announced. Submittals are subject to public inspection and disclosure under the California Public Records Act. (Cal. Govt. Code sections 6250 et seq). Unless the information is exempt from disclosure by law, the content of any proposal, request for explanation, or any other written communication between the City and any Consultant, and between City employees or consultants, regarding the procurement, shall be available to the public. In any event, the City shall have no liability to Consultant for making disclosures required by the California Public Records Act or other law, court order, legal proceeding discovery request, investigative demand, subpoena, or order from a regulatory body having jurisdiction over either of the parties. Nothing contained herein shall be construed as requiring or obligating the City to withhold information in violation of the California Public Records Act or other laws.

5. Equal Opportunity. The City hereby notifies all Consultants that it will affirmatively insure that in any contract entered into pursuant to this procurement, minority business enterprises will be afforded full opportunity to submit proposals in response to this RFP and will not be discriminated against on the grounds of race, creed, color, national origin, ancestry, sexual orientation, political affiliations or beliefs, sex, age, physical disability, medical condition, marital status, pregnancy, or other protected characteristic as set forth hereunder.

Attachment 4

6. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of the contract. Legal action may be instituted only in the Monterey County Superior Court, State of California, or the United States District Court for the Northern District of California.

7. Adherence to All Local, State, and Federal Laws and Requirements. The Consultant shall adhere to all applicable federal, state, and local laws, ordinances, statutes, rules and regulations, and rulings or directives of any agencies having jurisdiction relevant in any way to the Consultant’s scope of work.

K. Attachments

The following attachments are incorporated into the Request for Qualifications:

Attachment 1 – Conflict of Interest Statement
Attachment 2 – References
Attachment 3 – Statement regarding insurance coverage and worker’s compensation insurance acknowledgement certificate
Attachment 4 – Standard Consultant Services Agreement
Attachment 4
ATTACHMENT 1 - CONFLICT OF INTEREST STATEMENT

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS CONSULTANT SERVICES *THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE PROPOSAL*

The undersigned declares:

I/We (Insert Name) have the following financial, business, or other relationship with the City of Carmel-by-the-Sea that may have an impact upon the outcome of the contract. If none, please specify that no other relationships may have an impact on this contract or Project.

I/We (Insert Name) have the following current clients who may have a financial interest in the outcome of this contract. If none, please specify that no other clients may have a financial interest with an impact on this contract or Project.

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Consultant covenants that neither it, its subcontractors nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with contract awarded from this RFP. Consultant certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the City. Through its submittal of a proposal, Consultant acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

Furthermore, if there is reason to believe that collusion exists among the Consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm, or corporation who hassubmitted a subproposal to a Consultant, or who has quoted prices on materials to a Consultant, is not thereby Attachment 4
disqualified from submitting a sub-proposal or quoting pricesto other Consultants. Reasonable ground for believing that any Consultant is interested in more than one proposal for the same work will cause the rejection of all proposalsforthework inwhich a Consultant isinterested. If there isreason to believe that collusion exists among the Consultants, the City may refuse to consider proposalsfrom participants in such collusion. Consultants shall submit as part of their proposals documents the completed NonCollusion Declaration provided herein.

I, on behalf of the Consultant, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].

Consultant Name (Person, Firm, Corp.) Title of Authorized Representative Address Name of Authorized Representative
City, State, Zip
(Date) (Signed)

Attachment 4
ATTACHMENT 2 - REFERENCES

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS CONSULTANT SERVICES *THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE PROPOSAL* List three (3) references for work of a similar nature to the Services performed within the last five (5) years. Use additional sheets as necessary.

Reference No. 1.

Name of Agency Agency Address

Contact Name Contact Title

Contact Telephone Contact Email Address

Contract Period Contract Amount

Description of services performed including costs.

Reference No. 2.

Name of Agency Agency Address

Contact Name Contact Title

Contact Telephone Contact Email Address

Contract Period Contract Amount

(next page)
Attachment 4
Description of services performed including costs.

Reference No. 3

Name of Agency Agency Address

Contact Name Contact Title

Contact Telephone Contact Email Address

Contract Period Contract Amount

Description of services performed including costs.

I hereby certify that the Consultant performed the work listed above.

Consultant Signature
Printed Name
Date
Attachment 4
ATTACHMENT 3 - STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S

COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS CONSULTANT SERVICES *THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE PROPOSAL*

CONSULTANT HEREBY CERTIFIES that the Consultant has reviewed and understands the insurance coverage requirements specified in the RFP. Should the Consultant be awarded a contract for Services, Consultant further certifies that the Consultant can meet the specified requirements for insurance, including insurance coverage of any subcontractors, and agrees to name the City of Carmel-by-the-Sea as additional insured for the Services specified.

By certifying this form, the Consultant also understands the Worker’s Compensation insurance requirement per the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Printed Name of Consultant (Person, Firm, or Corporation) Signature of Consultant's Authorized Representative
Name & Title of Authorized Representative
Date Signed
Attachment 4
ATTACHMENT 4 - CITY OF CARMEL-BY-THE-SEA STANDARD CONSULTANT SERVICES

AGREEMENT

[ATTACHED BEHIND THIS PAGE]
Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2025

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Assistant City Administrator APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive a report regarding options for the future of ambulance services in Carmel-bythe-Sea, and direction to staff regarding an agreement to contract ambulance services with Monterey Fire as previously recommended by the City’s Ambulance Ad Hoc Committee (Estimated time - 30 min)
RECOMMENDATION:

It is recommended that the City Council receive a report regarding options for the future of ambulance services in Carmel-by-the-Sea, and direct staff to proceed with an agreement to contract ambulance services with Monterey Fire as previously recommended by the City’s Ambulance Ad Hoc Committee.

BACKGROUND/SUMMARY:

Overview
For over 35 years, the City of Carmel-by-the-Sea has benefited from shared fire services through various arrangements, most recently since 2012 with the City of Monterey. This collaborative model has proven operationally efficient, mutually advantageous, cost-effective, and has provided significant service-level improvements for Carmel-by-the-Sea residents.

On January 1, 2012, the City began operating its own ambulance service consisting of six (6) firefighter/paramedics, with oversight falling under the Public Safety Director/Chief of Police. Although this model has been managed successfully, it has had its share of challenges, including maintaining staffing levels, high overtime, and our ability to keep the ambulance fully in service as required by the County who oversees our paramedic license.

The city has benefited from having a public safety director with a unique knowledge of the licensing requirements to maintain an ambulance service which is not common in a Police Chief. However, during the Chief’s absence, a lack of administrative knowledge created compliance challenges with County and state licensing requirements. These challenges suggest it could be time to consider a new and more efficient model of management to retain a city controlled Fire/Ambulance service for our residents. 201 Rights
The city's ability to legally operate/control an ambulance is an important component of any decision the city council makes. Since 1930, the city has continuously maintained ambulance service in the village. In 1980, California passed a law requiring standards for any agency who elected to manage its own ambulance service. Part of this legislation involves a commonly used term, known as “201 Rights”. “201 rights" refer to a status granted to certain cities and fire districts in California that provided prehospital emergency medical services (EMS) before June 1, 1980. Cities with this 201 status are authorized to continue providing EMS at their existing levels until they cease operation. If a City ceases operating its own ambulance, service then falls under the county control for ambulance service (i.e.: American Medical Response, “AMR”). The city retains its 201 right to this day. Should the city elect to contract out its ambulance service to Monterey Fire, it would not impact the city's “201 Rights”.

Carmel-by-the-Sea’s long time dedication to providing city ambulance service has resulted in it being the last city to retain 201 rights in Monterey County. All other cities have relinquished their ambulance service and elected to utilize the county contracted service, currently provided by AMR.

Ad Hoc Committee
With concerns over sustainability of the Carmel Fire/Ambulance, the city formed an Ad Hoc committee in 2020 to explore solutions to the management of the ambulance. The Ad Hoc Committee comprised of two council members and four residents who spent multiple meetings learning about the ambulance operation.

Over the course of these meetings, they developed two important city goals for whatever decision was made. The specific goals established by the Ad Hoc were:

1. Ensuring Carmel Retains its Ambulance Service (“201 Rights”)

2. Improving Service for the Residents
The Ad Hoc was particularly concerned with the potential for the City to lose its 201 right for ambulance service. As previously stated, contracting ambulance service with Monterey Fire would not jeopardize these 201 rights. What the Ad Hoc recognized could jeopardize 201 rights, was failure to meet County and State requirements of our paramedic license agreement, including continuous operation.

Since 2012, the City has had staffing challenges which have both led to a growing number of incidents where the ambulance has been taken out of service. Additionally, with leadership changes in the Police Department, a number of other licensing requirements have also not been met, leading to the County recently notifying the city of potential license violations.

The Ad Hoc also learned that contracting with Monterey Fire would ensure that a paramedic always rode on both the Ambulance and the fire engine. This would mean a paramedic was first to the site for all emergencies in the village, even if the fire truck arrived first, which often happens.

Ultimately, the Ad Hoc Committee recommended that the City move forward with contracting ambulance services with Monterey Fire. Firstly, to prevent the city from losing its 201 rights, which was goal number one. Secondly, because it was learned that access to Monterey’s larger staffing resources would allow for an even higher level of service for the city’s residents, which was goal number 2.

It was these Ad Hoc findings, which still hold true today, that necessitate considering changes to the ambulance management model.

Changes to Ambulance Operation Model
The following are options for the council to consider which would allow the City to maintain 201 rights to ambulance service in the village. In each of these options, the goals of the ad hoc would be met at varying levels. The first option, which is contracting to Monterey Fire, is staff’s recommendation because it fully aligns with the recommendation from the city’s Ad Hoc Committee. The other options would still allow the City to retain its 201 rights, at least in the short term, but are not recommended by staff. more detailed cost comparisons, which include assumptions, are included as Attachment 1.

Option 1 (Recommended): Contract Ambulance Service to Monterey Fire Total Cost (Salaries, Benefits, Admin., Supplies): $2.40 Million This contract model would ensure that Carmel-by-the-Sea’s ambulance was always staffed with two firefighters per shift: one firefighter/paramedic and one firefighter Emergency Medical Technician (EMT).

This would increase staffing flexibility, ensuring that a paramedic remains in the city and responds to every medical emergency in the village, even if the ambulance responds to a county call outside the city. This enhanced staffing model, which includes access to a larger employee pool, would allow for 24/7 ambulance coverage, eliminating service interruptions due to staffing shortages, and reduced overtime.

Additionally, the integration with Monterey Fire’s system would provide operational benefits, such as maximizing resource utilization, enhanced fire protection services, and seamless coordination during major emergency events. With this model both of the Ah Hoc committee goals are met.

This model meets both the Ad Hoc’s goal of ensuring Carmel retains its 201 rights to operate an ambulance while improving services for residents. In essence, the ambulance service would look the same as it does today, remaining in the Carmel Fire Station, fully staffed, with many of the same faces that work there today.

The only noticeable difference would be the patch on the arm of the staff which would say “Monterey Fire”.

Monterey’s proposal leverages the proven benefits of shared governance, offering enhanced operational efficiencies, access to a depth of resources, and a higher level of service for the residents, businesses, and visitors of Carmel-by-the-Sea. Monterey Fire has a successful history of providing outstanding fire services to neighboring jurisdictions, including Carmel-by-the-Sea, Pacific Grove, and others.

Option 2 (Not Recommended): City Operational Model at Enhanced Level (Monterey Equivalent) Total Cost (Salaries, Benefits, Admin., Supplies): $2.95 Million NOTE: Cost to maintain current model with no enhancements = $2.14 Million As identified in this report, this current model is not sustainable if the city wishes to retain 201 rights and uphold a service commitment to the residents. Under the current operational model, Carmel-by-the-Sea staffs one ambulance with two paramedics who are responsible for emergency medical response both in the village and as a part of the county response as the closest available ambulance. The staffing model includes 6-full time Firefighter Paramedics to operate the ambulance 24/7/365. Oversight of the operations falls under the Director of Public Safety (Chief of Police) and administrative assistance is done in part by both police department staff and finance.

The cost reflected to maintain our current service model with enhancements includes the following changes to maintain the requirements of our paramedic license agreement with the state. It also better aligns the cost with what Monterey is proposing in their service proposal in order to make a realistic comparison.

Add two paramedics to reduce overtime and ensure adequate staffing to allow for vacations, sick time, and training.

Add a management component, including a Fire Captain who can manage the operation including the oversight of required licensing requirements. (currently being done by the Public Safety Director) Option 3 (Not Recommended): Maintain City Operational Model - Add Paramedic on Fire Engine Total Cost (Salaries, Benefits, Admin., Supplies): $2.21 Million This option would keep the ambulance operating as is, with the exception of paying Monterey Fire to ensure that there was always a paramedic available to staff the fire engine under the existing fire services contract.

This option meets the second goal of the Ad Hoc, which was to improve service to the residents by having a paramedic respond to every medical in the village. Staff contacted Monterey Fire, and the cost of this additional service would be approximately $70,000 per year.

This option would partially meet the improved service goal established by the Ad Hoc Committee but the city would still be in jeopardy of losing 201 rights by not improving our staffing and management model. As previously mentioned, Monterey County has recently identified that we aren’t meeting the obligation of our paramedic service agreement. This option only results in our ability to provide a paramedic to our residents on every call, even when the ambulance is out of the city. This model would not improve our overall ambulance service or create a management structure to ensure that the city retains its 201 rights.

FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

None for this action.

ATTACHMENTS:

Attachment 1) Ambulance Merger Costs
Total Cost
Total Cost
Total Cost
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2025

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Discuss proposed changes to City Policy C89-02: City Council Meetings, Orders of Council, Agenda Packets, Minutes of Meeting and Agenda Distribution, and provide direction to the City Administrator (Estimated time - 30 min) RECOMMENDATION:

Discuss proposed changes to City Policy C89-02: City Council Meetings, Orders of Council, Agenda Packets, Minutes of Meeting and Agenda Distribution, and provide direction to the City Administrator BACKGROUND/SUMMARY:

BACKGROUND
Mayor Byrne requested that the City Council review City Policy C89-02, City Council Meetings, Orders of Council, Agenda Packets, Minutes of Meeting and Agenda Distribution (“Policy”) and discuss potential updates. The Policy is Attachment 1 to this Staff Report.

Proposed Changes to Policy
On March 31, 2025, there was a discussion at the City Council meeting regarding possible changes to the Policy. The changes discussed during that meeting included the following which are shown in track changes to the Policy (Attachment 2) and a clean version accepting those changes (Attachment 3):

1. Agenda Preparation – the Mayor and Mayor Pro Tem will look 3-6 months ahead when planning the Council agenda.

2. Meeting Procedures - Requiring presentation slides to be made available to Council and the public by 5 pm on the Friday before meetings.

3. Set specific start times for items likely to draw high public interest (e.g. street addresses).

4. Acknowledge receipt of written public comments (emails/letters).

5. The Mayor will ask for the number of people who wish to speak on a particular item and may adjust the public comment time accordingly.

6. Include general public comment on Regular Meeting agendas, but not Special Meeting Agendas.

7. Ask speakers to avoid repeating prior comments and instead express agreement with the previous comment.

8. Add this language to the City Council Agendas: Brown Act Requirements: general public comments must be on matters related to matters of the legislative bodies jurisdiction. Comments on agenda items must relate to that agenda item. Anyone who does not follow these requirements of the Brown Act in person or via teleconference will be muted.

9. Add to the Meeting Procedures the option for some Council discussion before public comments.

10. Curfew - Implement a 9:30 pm meeting curfew. Council must vote to continue the meeting past 9:30 pm.

11. Hold appeal hearings on a separate meeting date during the day, if possible.

Other Items for Further Discussion/Direction
Other items that were discussed at the Council meeting on March 31, 2025 which have not been included in Attachment due to a need for further discussion and direction include the following:

1. Extraordinary Business Items - Keep to 3 min per item

2. Consider adding a special meeting later in the month, or start meetings earlier in the day, such as 3 pm.

3. Consider the Monterey meeting model, with an afternoon session general public comment, a dinner break/closed session, and an evening session with another general public comment period.

4. Consider ordering public comments by duration with the following preference: 1-minute speakers first, followed by 2-minute and then 3-minute speakers. The are no provisions in the Brown Act which expressly allow such a preference. Further research can be done upon direction by the City Council.

5. Consider whether the City can give preference during general public comment to City residents. There are no provisions in the Brown Act which expressly allows such a preference. Further research can be done upon direction by the City Council.

6. Consider the Coastal Commission process of going on line before the meeting to register for public comment. The Coastal Commission is a State agency and the meeting procedures are governed by the Bagley Keene Act instead of the Brown Act which applies to local agencies. Further research can be done upon direction by the City Council.

7. Consider a time limit for the general public comment period. Note: The current Policy reserves to the Council the right to limit the duration of Public Appearances to thirty minutes total.

FISCAL IMPACT:

No direct fiscal impact for this action.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Current Policy C89-02
Attachment 2) REDLINE - Draft proposed changes to Policy C89-02 Attachment 3) Clean Version - with Proposed Changes to Policy C89-02

CITY OF CARMEL-BY-THE-SEA

POLICY AND PROCEDURE
I Effective Date: 2 August 1988 I Authority: Resolution No. 88-89 Subject: City Council Meetings/Orders of
Council/Agenda Packets/Minutes of
Meeting and Agenda Distribution I
Policy/Procedure No: C89-02
Purpose:

To provide a guide for the City Council and staff for the conduct of public meetings, agenda and minute preparation and distribution of agenda packets.

Policy/Procedure:

1. Adoption of action minutes as outlined in the attached memorandum from the League of California Cities .

2. Adoption of City Clerk's policy regarding agenda packets (No packets shall be disseminated until the packets are made available to the City Council).

3. Adoption of the sequence of the Orders of Council as set forth in the policy attached.

Responsible Party:

City Administrator/City Clerk
Department of Origin:

Administration/City Council
Revision Dates:
2 March 2009 (28 October 2008 Council Retreat)
5 June 2012 (Resolution No. 2012-33)
6 October 2020 (Resolution No. 2020-063)
Rescinded Date :

Resolution 2020-063

C89-02

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The Mayor serves a twoyear term and members of the City Council serve four year terms.

I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As the titular head of the City Council, the Mayor represents the City at quasi-governmental and social functions and may represent the City Council before other governmental bodies on specific matters as may be authorized by the City Council.

B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in December or at the first meeting after the City Council is seated following an election. This appointment is announced by the Mayor, but does not need to be ratified by the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and may attend social/quasi-governmentalfunctions on behalf of the City.

C. Absence of both the Mayor and Mayor Pro Tempore
In the absence of both the Mayor and Mayor Pro Tempore, members of the City Council shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the Mayor Pro Tempore as described above.

II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of Inspection) are regulated by Chapter 2 of the Municipal Code.

A. Agenda
Only items that are agendized may be acted on at any Council meeting. • Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of all department directors and is reviewed at weekly staff Management meetings. • Agenda Finalization
The Mayor and Mayor ProTempore meet with theCity Administrator and City Clerk prior to the meeting to finalize the draftagenda.

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• Continuance of Agenda Item
Any City Council member who is ill or will be away from the City may request, in writing, that an item of "personal interest" or a "major issue" be continued to the next meeting. The City Council shall vote on the issue of continuance.
• AgendaPosting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the City Website) 6 days prior to a regular meeting and a minimum of 24 hours prior to a Special Meeting.

B. OrdersofCityCouncilBusiness
The Orders of City Council business are adopted by Resolution of the City Council. The Orders of City Council Business are:
• Extraordinary Business
This category allows the City Council to recognize volunteers, employees, present certificates of appreciation and awards.
• Announcements from City Council Members & City Administrator This category allows an opportunity for City Council Members to comment on meetings attended of outside agencies and the City Administrator to give a brief report to the City Council and receive presentations that require little or no action.
• Public Appearances
The public has opportunities to speak to the City Council. The Public Appearances section allows persons to speak a maximum of three minutes, or as otherwise established by the City Council, on items of City business, other than those scheduled agenda items. Matters not appearing on the City Council's agenda will not receive action at that meeting but may be referred to staff for a future meeting or resolution outside of a City Council meeting. The City Council reserves the right to limit the duration of the Public Appearances section of the agenda to thirty minutes total.

Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of the City Council meeting during consideration of that item. Public comments or testimony on agenda items other than Public Appearances shall be limited to a maximum of three minutes per speaker. • Consent Agenda
Consent Agenda items will be voted on in one motion unless removed. The Consent Agenda consists of routine and non-controversialCity matters that can be as a whole approved by a single majority vote. Any City Council Member or member of the public may ask to have an item pulled from the Consent Agenda for discussion. Such items are normally moved to the end of the meeting.

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If a City Council Member has a question for information only about a Consent Agenda item, the Member should ask prior to the meeting, rather than pulling the item for discussion during the meeting.

Corrections to the Minutes are given to the City Clerk prior to the meeting so that corrections can be made prior to their adoption.
• Orders of Council
Ordersof Councilincludereportsof committee/commissions,ordinances andresolutions, public hearings, reports of officials, unfinished business, and council matters.

Public Hearings consist of zoning amendments, General Plan amendments, appeals of Commission decisions and other items mandated by the State. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have the opportunity to rebut public comments. Other speakers will be allowed three minutes. Formal Public Hearings must be advertised pursuant to State and Government Codes.

Ordinances are the most binding form of action the City Council can take. They are codified as the Municipal Code of the City of Carmel-by-the-Sea which is the municipal law of the City. The City Council has authority to pass ordinances through Government Code Section 37100, as long as these ordinances do not conflict with the laws and Constitution of the State of California or of the United States. Ordinances require two readings and do not become effective until 30 days after the second reading, unless it is an Urgency Ordinance A resolution is a formal form of a motion normally utilized to set forth policy of the City . Each resolution, in addition to being referenced by number and brief title in the minutes, will be recorded as provided by law and maintained in numerical sequence as a permanent record of the City in a separate set of books. Resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future references back to its contents warrants a separate document to facilitate such future reference and research.

Ill. CONDUCT OFCITYCOUNCIL MEETINGS
A. GeneralProcedure
It is the policy of the Council not to become involved in entanglements over parliamentary procedure.

Pursuant to the Municipal Code, the Chair shall have authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. The Mayor will assist the Council to focus on the agenda, discussions and deliberations. He/she has been delegated the responsibility to control the debate and order of the speakers.

B. Questions Addressed to a Council Member
With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member. That Council Member may respond while the floor is still held by the Council Member asking the question.

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Council Members will limit their comments to the subject matter, item or motion being currently considered by the Council. They will govern themselves as to the length of their comments or presentation.

C. Meeting Procedures for review of Each Item on the Agenda (with the exception of Public Hearings:
• The Mayor will read the agenda item under discussion. • Staff will present a brief report.
• City Council questions of staff.

Upon recognition by the Mayor, Members of City Council may ask questions of the staff prior to opening of the discussion to membersoftheaudience.

D. Public input/oral presentations
Any member of the public wishing to address the Council orally on a specific agenda item may do so when the item is taken up by Council, or as otherwise specified by the Council or its presiding officer. Oral presentations are limited to three minutes, unless otherwise provided.

Persons who anticipate oral presentations exceeding three minutes are encouraged to submit comments in writing to the City Clerk, by the Tuesday prior to the meeting so they may be included in the agenda packet. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address Council onthe same subject matter,the presidingofficer may request that a spokesperson be chosen by the group. A specified time limit also may be set for the total presentation for any group. • Close of PublicComment
Once public comment is closed, it cannot be reopened unless Council agrees by consensus. • Staff response to questions from the public.

Based on staff responses to the public, members of the City Council may wish to address further questions to staff.
• The Mayor/City Administrator/Attorney shallremind the City Council of the action before Council. • City Councildiscussion
• CityCouncil action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Chair shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any City Council Member properly recognized by the Chair. Once the matter has been fully discussed and the Chair calls for a vote, no further discussion will be allowed.

Council Members may be allowed to explain their vote briefly for the record. Once a vote is taken, all Council Members shall support the action taken.

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• Substitute motions
When a motion is on the floor, any member of City Council may make a substitute motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the main motion. • Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making persons or body from which the appeal was t aken. • Motions toreconsider
Motions to reconsider a matter may be made at the same meeting or at the next succeeding meeting following a Council action for reconsiderati on. Such motions must be made by a Council Member voting in favor of the original motion.
• Staff announcement of decision
The Mayor, City Administrator,City Attorney, or City Clerk shall announce the vote and passage orfailure of an item.

E. MeetingProcedureforformalAppeals/PublicHearings
When a matter for public hearing comes before the City Council, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present any evidence regarding the matter.

The procedure for holding City Council appeals differs from other items where the public is allowed to speak in that appellants are allowed to have 10 minutes to make a presentation, including closing comments. The public testimony follows, after which the appellants are given an opportunity for rebuttal or closing arguments .
• Public comments/discussion
No person will be permitted during the hearing to speak about matters or present any evidence that is not germane to the matter being considered. A determination of relevance shall be made by the Mayor or City Attorney, but may be appealed by any Member of the City Council.

F. Minutes of Meeting Policy (C89-02)
The Minutes of the City Council meeting are action minutes and do not reflect City Council commentary and discussion. However, if a Council Member wishes to include comments in the record, they will be included if so requested at the meeting (e.g. "for the record, I wish to state..."). All motions made, even those made without a second are to be included in the minutes.

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• Items entered into the record
Allagenda items/documentation/correspondencereceived at a Council meeting shall be retained in the City’s records.
• Distribution
The minutes shall be distributed to members of the City Council for comment and/or correction in the Council packet. The City Clerk will correct the minutes prior to the meeting, and if the correction is substantive, copies of the corrected minutes shall be distributed to all members of the Council.

G. OfficialRecordingsoftheMeeting
All City Council meetings are recorded. This ensures accuracy of the minutes and provides a temporary record of the City Council proceedings. Once the minutes are approved, legally, the recordings do not have to be retained. However, recordings of the Council meetings; Planning Commission meetings, and recordings of other commissions/boards shall be retained pursuant to the City’s adopted Retention Schedule.

Amended: October 6, 2020
Resolution 2020-063

Attachment 1
C89-02

COUNCIL MINUTES
A. PREFACE
City Clerks in general law cities are specifically required to keep a record, journal or minutes of the council meetings (Gov. C. 36814, 40801). Cities governed by freeholder's charters are usually subject to the same requirement s. Although there is no legal necessity to do so, it is appropriate to mention, introductorily, in the minutes that the meeting was convened and held as noticed.

B. PURPOSE OF COUNCIL MINUTES
A most important principle of corporation law, applicable to private, public, and municipal corporations, is that such organizations can only act through their officers and employees. These corporations are governed by fixed rules found in the basic law of the organization; in charter and state statutes in the case of municipal corporations.

When these factors are considered, the keeping of a good record of council proceedings becomes obvious. A sufficient record must be kept to furnish evidence that the City Council has complied with the law or rules by which it is governed, thus pointing to the need for accurate and clear records of council proceedings. Finally, if accurate, complete, and unambiguous minutes of City Council meetings are recorded, these facts themselves will be treated as conclusive evidence of the facts therein stated.

C. FORM AND CONTENTS OF COUNCIL MEETING MINUTES

1. Standard Forms:

Use of standardized format is recommended to develop uniformity on minute entries and to save time in composing the record.

2. Jurisdictional Matters
To establish proof that jurisdictional requirements for holding a meeting have been complied with, it is important that minutes contain the following:
a. Date, hour, and place of meeting.
b. Whether it is a regular, adjourned, or special meeting. c. A proper notice has been given if it is a special meeting. d. The names of council members in attendance (in case a council member arrives late, or departs before adjournment, the minutes should show the time of arrival and/or departure at that point in the proceedings).

3. Approval of Minutes of Previous Meetings
Although there is no legal requirement that minutes be approved by the City Council, this traditional procedure is advisable as it lends further weight to the accuracy and completeness of the record. It is recommended that the City Council be furnished copies of minutes in sufficient time prior to a City Council meeting to avoid any necessity of reading of the minutes by the clerk. When approved as written, or as changed by the City Council, the minutes are considered to be official.

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4. Record of Action Taken
The minutes need only record:
a. Petitions and communications

1. Date of the document

2. Subject

3. Authors, if only a few

4. Number of signers, if numerous

5. Action taken
The minutes need not record the comments made by members of the City Council concerning the merit or lack of merit of the petition or requests contained in the document, unless expressly requested by the officer making such comment. The reason for the latter observation is that the document speaks for itself, and it has no legal significance until the City Council acts or refuses to act with respect thereto.
b. Consideration of bids

1. Record of bids filed and opened
a. The subject matter of the bids
b. The compliance with all requirements for the advertising for such bids. c. The names of all bidders, and the total amounts of their respective bids.

2. Action taken with respect to bids.
a. It is preferable that a resolution, prepared or approved by the City Attorney, be used in awarding contracts to the successful bidder. When this is done, the minutes need only refer to the resolution in recording the action taken. b. If the City Council determines to accept a bid which is not the lowest in amount, it is advisable that the minutes show that such bid was "the lowest reasonable bid".

Whether the minutes should include a record of the matters leading to the determination of "responsibility" is a decision clerks might well review with their City Attorneys.
c. Ordinances and resolutions

1. Introduction
The information which should be recorded in City Council minutes, with respect to the introduction of an ordinance, depends upon the particular rules or practices of each city on the subject. Thus, if the practice requires that before an ordinance or resolution can be acted upon, it shall be introduced by one City Council Member, and seconded by another, this information should be recorded in the minutes.

Generally speaking, minutes should record the following data concerning the introduction of an ordinance or resolution:

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aa. The title or subject matter
bb. The names of the City Council Members introducing and seconding

2. Compliance with jurisdictionalrequirements prior to action taken on ordinances or resolutions
Whenever the basic law or rules of a city require that a certain procedure must be followed prior to any action taken in adopting an ordinance or resolution, the minutes should show such compliance. This would include a statement referring to the previous introduction of the ordinance and would include a reference on an urgency ordinance that it is an urgency ordinance.

3. Votes cast for or against adoption of ordinances and resolutions aa. Presumption of validity of ordinances and resolutions. There is a presumption in favor of the due and regular adoption or rejection of a city ordinance or resolution, if there are any official records to support that presumption, and that the votes were cast in substantial accordance with the requirements of the law or regulations pertaining to such matters.

This is particularly true where the ordinance or resolution contains a certificate signed by the mayor and/or clerk.
bb. Voting procedure governing adoption of ordinances and regulations (See Chapter VI on legislative Procedures)
d. Reportsofofficers

1. . Written reports
Since any written record is the best evidence of its contents, a written report presented at a City Council meeting need only be mentioned in the minutes by reference to:
aa. Name or title of the officer
bb. Date of the report
cc. Subject or title of report
dd. Disposition made of report, if any
Resolution 2020-063

Attachment 1
Resolution 2020-063

4900-8183-2250 v1

PROPOSED CHANGES TO CITY OF

CARMEL-BY-THE-SEA POLICY AND PROCEDURE
Subject: City Council Meetings/Orders of
Council/Agenda Packets/Minutes of
Meeting and Agenda Distribution
Policy/Procedure No: C89-02
Effective Date: 2 August 1988 Authority: Resolution No. 88-89 Purpose:

To provide a guide for the City Council and staff for the conduct of public meetings, agenda and minute preparation and distribution of agenda packets.

Policy/Procedure:

1. Adoption of action minutes as outlined in the attached memorandum from the League of California Cities .

2. Adoption of City Clerk's policy regarding agenda packets (No packets shall be disseminated until the packets are made available to the City Council).

3. Adoption of the sequence of the Orders of Council as set forth in the policy attached.

Responsible Party:

City Administrator/City Clerk
Department of Origin:

Administration/City Council
Revision Dates:
2 March 2009 (28 October 2008 Council Retreat)
5 June 2012 (Resolution No. 2012-33)
6 October 2020 (Resolution No. 2020-063)
Rescinded Date :

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL

RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The Mayor serves a two- year term and members of the City Council serve four year terms.

I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As the titular head of the City Council, the Mayor represents the City at quasi-governmental and social functions and may represent the City Council before other governmental bodies on specific matters as may be authorized by the City Council.

B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in December or at the first meeting after the City Council is seated following an election. This appointment is announced by the Mayor, but does not need to be ratified by the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and may attend social/quasi-governmental functions on behalf of the City.

C. Absence of both the Mayor and Mayor Pro Tempore
In the absence of both the Mayor and Mayor Pro Tempore, members of the City Council shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the Mayor Pro Tempore as described above.

II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of Inspection) are regulated by Chapter 2 of the Municipal Code.

A. Agenda
Only items that are agendized may be acted on at any Council meeting.  Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of all department directors and is reviewed at weekly staff Management meetings.  Agenda Finalization
The Mayor and Mayor Pro Tempore meet with the City Administrator and City Clerk prior to the meeting to finalize the draft agenda. The Mayor and Mayor Pro Tempore will look three to six months ahead when planning the Council agenda. (CHANGE NO. 1)  Continuance of Agenda Item
Any City Council member who is ill or will be away from the City may request, in writing, that an item of "personal interest" or a "major issue" be continued to the next meeting. The City Council shall vote on the issue of continuance.

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 Agenda Posting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the City Website) 6 days prior to a regular meeting and a minimum of 24 hours prior to a Special Meeting.

Presentation materials for agenda items shall be posted with the Agenda Packet or no later than 5 pm on the Friday before the City Council meeting. (CHANGE NO. 2) Agendas may include a specific start time for an item. If there is a specific start time for an item, the Council will complete the consideration of the item in progress and then proceed to consider the item which has a specific start time. (CHANGE NO. 3) B. Orders of City Council Business
The Orders of City Council business are adopted by Resolution of the City Council. The Orders of City Council Business are:
 Extraordinary Business
This category allows the City Council to recognize volunteers, employees, and present certificates of appreciation and awards.
 Announcements from City Council Members & City Administrator & City Clerk This category allows an opportunity for City Council Members to comment on meetings attended of outside agencies and the City Administrator to give a brief report to the City Council and receive presentations that require little or no action. The City Clerk will announce whether the City has received and posted written public comments for any agenda items. (CHANGE NO. 4)  Public Appearances
The public has opportunities to speak to the City Council. The Public Appearances section allows persons to speak a maximum of three minutes, or as otherwise established by the City Council, on items of City business, other than those scheduled agenda items for Regular City Council meetings.. Matters not appearing on the City Council's agenda will not receive action at that meeting but may be referred to staff for a future meeting or resolution outside of a City Council meeting. The City Council reserves the right to limit the duration of the Public Appearances section of the agenda to thirty minutes total. Mayor may ask for the number of people who wish to speak on an item and may adjust the public comment time accordingly. (CHANGE NO. 5) For Special City Council meetings, public comment will be allowed on the item or items listed on the Special Meeting Agenda. (CHANGE NO. 6)
Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of the City Council meeting during consideration of that item. Public comments or testimony on agenda items other than Public Appearances shall be limited to a maximum of three minutes per speaker.

Speakers may be requested to consider making a statement that they agree with the comments of a prior speaker. (CHANGE NO. 7)
Under the Brown Act, comments on agenda items must relate to that specific item, and comments on non-agenda items must fall within the legislative body’s jurisdiction. Remote or inperson participants who do not comply with the requirements of the Brown Act will be muted. (CHANGE NO. 8)
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 Consent Agenda
Consent Agenda items will be voted on in one motion unless removed. The Consent Agenda consists of routine and non-controversial City matters that can be as a whole approved by a single majority vote. Any City Council Member or member of the public may ask to have an item pulled from the Consent Agenda for discussion. Such items are normally moved to the end of the meeting.

If a City Council Member has a question for information only about a Consent Agenda item, the Member should ask prior to the meeting, rather than pulling the item for discussion during the meeting.

Corrections to the Minutes are given to the City Clerk prior to the meeting so that corrections can be made prior to their adoption.
 Orders of Council
Orders of Council include reports of committee/commissions, ordinances and resolutions, public hearings, reports of officials, unfinished business, and council matters.

Public Hearings consist of zoning amendments, General Plan amendments, appeals of Commission decisions and other items mandated by the State. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have the opportunity to rebut public comments. Other speakers will be allowed three minutes. Formal Public Hearings must be advertised pursuant to State and Government Codes.

Ordinances are the most binding form of action the City Council can take. They are codified as the Municipal Code of the City of Carmel-by-the-Sea which is the municipal law of the City. The City Council has authority to pass ordinances through Government Code Section 37100, as long as these ordinances do not conflict with the laws and Constitution of the State of California or of the United States. Ordinances require two readings and do not become effective until 30 days after the second reading, unless it is an Urgency Ordinance A resolution is a formal form of a motion normally utilized to set forth policy of the City . Each resolution, in addition to being referenced by number and brief title in the minutes, will be recorded as provided by law and maintained in numerical sequence as a permanent record of the City in a separate set of books. Resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future references back to its contents warrants a separate document to facilitate such future reference and research.

III. CONDUCT OF CITY COUNCIL MEETINGS
A. General Procedure
It is the policy of the Council not to become involved in entanglements over parliamentary procedure. Pursuant to the Municipal Code, the Chair shall have authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. The Mayor will assist the Council to focus on the agenda, discussions and deliberations. He/she has been delegated the responsibility to control the debate and order of the speakers.

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B. Questions Addressed to a Council Member
With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member. That Council Member may respond while the floor is still held by the Council Member asking the question.

Council Members will limit their comments to the subject matter, item or motion being currently considered by the Council. They will govern themselves as to the length of their comments or presentation.

C. Meeting Procedures for review of Each Item on the Agenda (with the exception of Public Hearings: (CHANGE NO. 9)
•1. The Mayor will read the agenda item under discussion. •2. Staff will present a brief report unless Council directs that no staff report is necessary..

3. Upon recognition by Mayor, Members of the City Council may ask questions of staff.

4. Mayor may request Councill discussion on an item before public comment

5. Mayor will ask for public comment in chambers and then remote

6. Mayor will ask for Council discussion

4.7. Mayor will ask Council to take action for an action item including motions, resolutions, ordinances and directions to staff.

Upon recognition by the Mayor, Members of City Council may ask questions of the staff prior to opening of the discussion to members of the audience.

D. Public input/oral presentations
Any member of the public wishing to address the Council orally on a specific agenda item may do so when the item is taken up by Council, or as otherwise specified by the Council or its presiding officer. Oral presentations are limited to three minutes, unless otherwise provided.

Persons who anticipate oral presentations exceeding three minutes are encouraged to submit comments in writing to the City Clerk, by the Tuesday prior to the meeting so they may be included in the agenda packet. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address Council on the same subject matter, the presiding officer may request that a spokesperson be chosen by the group. A specified time limit also may be set for the total presentation for any group.  Close of Public Comment
Once public comment is closed, it cannot be reopened unless Council agrees by consensus.  Staff response to questions from the public.

Based on staff responses to the public, members of the City Council may wish to address further questions to staff.
 The Mayor/City Administrator/Attorney shall remind the City Council of the action before Council.

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 City Council discussion
 City Council action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Chair shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any City Council Member properly recognized by the Chair. Once the matter has been fully discussed and the Chair calls for a vote, no further discussion will be allowed.

Council Members may be allowed to explain their vote briefly for the record. Once a vote is taken, all Council Members shall support the action taken.  Substitute motions
When a motion is on the floor, any member of City Council may make a substitute motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the main motion.  Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making persons or body from which the appeal was taken.
 Motions to reconsider
Motions to reconsider a matter may be made at the same meeting or at the next succeeding meeting following a Council action for reconsideration on. Such motions must be made by a Council Member voting in favor of the original motion.
 Staff announcement of decision
The Mayor, City Administrator, City Attorney, or City Clerk shall announce the vote and passage or failure of an item.
 Curfew (CHANGE NO. 10)
New items will not be started after 9:30 pm unless the City Council votes to extend the time of the City Council meeting.

E. Meeting Procedure for formal Appeals/Public Hearings When a matter for public hearing comes before the City Council, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present any evidence regarding the matter.

The procedure for holding City Council appeals differs from other items where the public is allowed to speak in that appellants are allowed to have 10 minutes to make a presentation, including closing comments. The public testimony follows, after which the appellants are given an opportunity for rebuttal or closing arguments .
 Public comments/discussion
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No person will be permitted during the hearing to speak about matters or present any evidence that is not germane to the matter being considered. A determination of relevance shall be made by the Mayor or City Attorney, but may be appealed by any Member of the City Council.

Public Hearings may be scheduled fo special City Council meetings except for Public Hearings for the adoption of a regular ordinance. (CHANGE 11).

F. Minutes of Meeting Policy (C 89-02)
The Minutes of the City Council meeting are action minutes and do not reflect City Council commentary and discussion. However, if a Council Member wishes to include comments in the record, they will be included if so requested at the meeting (e.g. "for the record, I wish to state..."). All motions made, even those made without a second are to be included in the minutes.  Items entered into the record
All agenda items/documentation/correspondence received at a Council meeting shall be retained in the City’s records.
 Distribution
The minutes shall be distributed to members of the City Council for comment and/or correction in the Council packet. The City Clerk will correct the minutes prior to the meeting, and if the correction is substantive, copies of the corrected minutes shall be distributed to all members of the Council.

G. Official Recording of the Meeting
All City Council meetings are recorded. This ensures accuracy of the minutes and provides a temporary record of the City Council proceedings. Once the minutes are approved, legally, the recordings do not have to be retained. However, recordings of the Council meetings; Planning Commission meetings, and recordings of other commissions/boards shall be retained pursuant to the City’s adopted Retention Schedule.

Amended: October 6, 2020
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COUNCIL MINUTES
A. PREFACE
City Clerks in general law cities are specifically required to keep a record, journal or minutes of the council meetings (Gov. C. 36814, 40801). Cities governed by freeholder's charters are usually subject to the same requirement s. Although there is no legal necessity to do so, it is appropriate to mention, introductorily, in the minutes that the meeting was convened and held as noticed.

B. PURPOSE OF COUNCIL MINUTES
A most important principle of corporation law, applicable to private, public, and municipal corporations, is that such organizations can only act through their officers and employees.

These corporations are governed by fixed rules found in the basic law of the organization; in charter and state statutes in the case of municipal corporations.

When these factors are considered, the keeping of a good record of council proceedings becomes obvious. A sufficient record must be kept to furnish evidence that the City Council has complied with the law or rules by which it is governed, thus pointing to the need for accurate and clear records of council proceedings. Finally, if accurate, complete, and unambiguous minutes of City Council meetings are recorded, these facts themselves will be treated as conclusive evidence of the facts therein stat ed.

C. FORM AND CONTENTS OF COUNCIL MEETING MINUTES

1. Standard Forms:

Use of standardized format is recommended to develop uniformity on minute entries and to save time in composing the record.

2. Jurisdictional Matters
To establish proof that jurisdictional requirements for holding a meeting have been complied with, it is important that minutes contain the following:
a. Date, hour, and place of meeting.
b. Whether it is a regular, adjourned, or special meeting. c. A proper notice has been given if it is a special meeting. d. The names of council members in attendance (in case a council member arrives late, or departs before adjournment, the minutes should show the time of arrival and/or departure at that point in the proceedings).

3. Approval of Minutes of Previous Meetings
Although there is no legal requirement that minutes be approved by the City Council, this traditional procedure is advisable as it lends further weight to the accuracy and completeness of the record. It is recommended that the City Council be furnished copies of minutes in sufficient time prior to a City Council meeting to avoid any necessity of reading of the minutes by the clerk. When approved as written, or as changed by the City Council, the minutes are considered to be official.

4. Record of Action Taken
The minutes need only record:
a. Petitions and communications

1. Date of the document

2. Subject

3. Authors, if only a few
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4. Number of signers, if numerous

5. Action taken
The minutes need not record the comments made by members of the City Council concerning the merit or lack of merit of the petition or requests contained in the document, unless expressly requested by the officer making such comment. The reason for the latter observation is that the document speaks for itself, and it has no legal significance until the City Council acts or refuses to act with respect thereto. b. Consideration of bids

1. Record of bids filed and opened
a. The subject matter of the bids
b. The compliance with all requirements for the advertising for such bids. c. The names of all bidders, and the total amounts of their respective bids.

2. Action taken with respect to bids.
a. It is preferable that a resolution, prepared or approved by the City Attorney, be used in awarding contracts to the successful bidder. When this is done, the minutes need only refer to the resolution in recording the action taken.
b. If the City Council determines to accept a bid which is not the lowest in amount, it is advisable that the minutes show that such bid was "the lowest reasonable bid". Whether the minutes should include a record of the matters leading to the determination of "responsibility" is a decision clerks might well review with their City Attorneys.
c. Ordinances and resolutions

1. Introduction
The information which should be recorded in City Council minutes, with respect to the introduction of an ordinance, depends upon the particular rules or practices of each city on the subject. Thus, if the practice requires that before an ordinance or resolution can be acted upon, it shall be introduced by one City Council Member, and seconded by another, this information should be recorded in the minutes.

Generally speaking, minutes should record the following data concerning the introduction of an ordinance or resolution:
aa. The title or subject matter
bb. The names of the City Council Members introducing and seconding

2. Compliance with jurisdictional requirements prior to action taken on ordinances or resolutions
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Whenever the basic law or rules of a city require that a certain procedure must be followed prior to any action taken in adopting an ordinance or resolution, the minutes should show such compliance. This would include a statement referring to the previous introduction of the ordinance and would include a reference on an urgency ordinance that it is an urgency ordinance.

3. Votes cast for or against adoption of ordinances and resolutions aa. Presumption of validity of ordinances and resolutions. There is a presumption in favor of the due and regular adoption or rejection of a city ordinance or resolution, if there are any official records to support that presumption, and that the votes were cast in substantial accordance with the requirements of the law or regulations pertaining to such matters.

This is particularly true where the ordinance or resolution contains a certificate signed by the mayor and/or clerk. bb. Voting procedure governing adoption of ordinances and regulations (See Chapter VI on legislative Procedures)
d. Reports of officers

1. . Written reports
Since any written record is the best evidence of its contents, a written report presented at a City Council meeting need only be mentioned in the minutes by reference to:
aa. Name or title of the officer
bb. Date of the report
cc. Subject or title of report
dd. Disposition made of report, if any
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PROPOSED CHANGES TO CITY OF

CARMEL-BY-THE-SEA POLICY AND PROCEDURE
Subject: City Council Meetings/Orders of
Council/Agenda Packets/Minutes of
Meeting and Agenda Distribution
Policy/Procedure No: C89-02
Effective Date: 2 August 1988 Authority: Resolution No. 88-89 Purpose:

To provide a guide for the City Council and staff for the conduct of public meetings, agenda and minute preparation and distribution of agenda packets.

Policy/Procedure:

1. Adoption of action minutes as outlined in the attached memorandum from the League of California Cities .

2. Adoption of City Clerk's policy regarding agenda packets (No packets shall be disseminated until the packets are made available to the City Council).

3. Adoption of the sequence of the Orders of Council as set forth in the policy attached.

Responsible Party:

City Administrator/City Clerk
Department of Origin:

Administration/City Council
Revision Dates:
2 March 2009 (28 October 2008 Council Retreat)
5 June 2012 (Resolution No. 2012-33)
6 October 2020 (Resolution No. 2020-063)
Rescinded Date :

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL

RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The Mayor serves a two- year term and members of the City Council serve four year terms.

I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As the titular head of the City Council, the Mayor represents the City at quasi-governmental and social functions and may represent the City Council before other governmental bodies on specific matters as may be authorized by the City Council.

B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in December or at the first meeting after the City Council is seated following an election. This appointment is announced by the Mayor, but does not need to be ratified by the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and may attend social/quasi-governmental functions on behalf of the City.

C. Absence of both the Mayor and Mayor Pro Tempore
In the absence of both the Mayor and Mayor Pro Tempore, members of the City Council shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the Mayor Pro Tempore as described above.

II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of Inspection) are regulated by Chapter 2 of the Municipal Code.

A. Agenda
Only items that are agendized may be acted on at any Council meeting.  Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of all department directors and is reviewed at weekly staff Management meetings.  Agenda Finalization
The Mayor and Mayor Pro Tempore meet with the City Administrator and City Clerk prior to the meeting to finalize the draft agenda. The Mayor and Mayor Pro Tempore will look three to six months ahead when planning the Council agenda.
 Continuance of Agenda Item
Any City Council member who is ill or will be away from the City may request, in writing, that an item of "personal interest" or a "major issue" be continued to the next meeting. The City Council shall vote on the issue of continuance.

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 Agenda Posting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the City Website) 6 days prior to a regular meeting and a minimum of 24 hours prior to a Special Meeting.

Presentation materials for agenda items shall be posted with the Agenda Packet or no later than 5 pm on the Friday before the City Council meeting.

Agendas may include a specific start time for an item. If there is a specific start time for an item, the Council will complete the consideration of the item in progress and then proceed to consider the item which has a specific start time.

B. OrdersofCityCouncil Business
The Orders of City Council business are adopted by Resolution of the City Council. The Orders of City Council Business are:
 Extraordinary Business
This category allows the City Council to recognize volunteers, employees, and present certificates of appreciation and awards.
 Announcements from City Council Members & City Administrator & City Clerk This category allows an opportunity for City Council Members to comment on meetings attended of outside agencies and the City Administrator to give a brief report to the City Council and receive presentations that require little or no action. The City Clerk will announce whether the City has received and posted written public comments for any agenda items.  Public Appearances
The public has opportunities to speak to the City Council. The Public Appearances section allows persons to speak a maximum of three minutes, or as otherwise established by the City Council, on items of City business, other than those scheduled agenda items for Regular City Council meetings.. Matters not appearing on the City Council's agenda will not receive action at that meeting but may be referred to staff for a future meeting or resolution outside of a City Council meeting. The City Council reserves the right to limit the duration of the Public Appearances section of the agenda to thirty minutes total. Mayor may ask for the number of people who wish to speak on an item and may adjust the public comment time accordingly. For Special City Council meetings, public comment will be allowed on the item or items listed on the Special Meeting Agenda.

Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of the City Council meeting during consideration of that item. Public comments or testimony on agenda items other than Public Appearances shall be limited to a maximum of three minutes per speaker.

Speakers may be requested to consider making a statement that they agree with the comments of a prior speaker.

Under the Brown Act, comments on agenda items must relate to that specific item, and comments on non-agenda items must fall within the legislative body’s jurisdiction. Remote or inperson participants who do not comply with the requirements of the Brown Act will be muted.

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 Consent Agenda
Consent Agenda items will be voted on in one motion unless removed. The Consent Agenda consists of routine and non-controversial City matters that can be as a whole approved by a single majority vote. Any City Council Member or member of the public may ask to have an item pulled from the Consent Agenda for discussion. Such items are normally moved to the end of the meeting.

If a City Council Member has a question for information only about a Consent Agenda item, the Member should ask prior to the meeting, rather than pulling the item for discussion during the meeting.

Corrections to the Minutes are given to the City Clerk prior to the meeting so that corrections can be made prior to their adoption.
 Orders of Council
Orders of Council include reports of committee/commissions, ordinances and resolutions, public hearings, reports of officials, unfinished business, and council matters.

Public Hearings consist of zoning amendments, General Plan amendments, appeals of Commission decisions and other items mandated by the State. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have the opportunity to rebut public comments. Other speakers will be allowed three minutes. Formal Public Hearings must be advertised pursuant to State and Government Codes.

Ordinances are the most binding form of action the City Council can take. They are codified as the Municipal Code of the City of Carmel-by-the-Sea which is the municipal law of the City. The City Council has authority to pass ordinances through Government Code Section 37100, as long as these ordinances do not conflict with the laws and Constitution of the State of California or of the United States. Ordinances require two readings and do not become effective until 30 days after the second reading, unless it is an Urgency Ordinance A resolution is a formal form of a motion normally utilized to set forth policy of the City . Each resolution, in addition to being referenced by number and brief title in the minutes, will be recorded as provided by law and maintained in numerical sequence as a permanent record of the City in a separate set of books. Resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future references back to its contents warrants a separate document to facilitate such future reference and research.

III. CONDUCT OF CITY COUNCIL MEETINGS
A. GeneralProcedure
It is the policy of the Council not to become involved in entanglements over parliamentary procedure. Pursuant to the Municipal Code, the Chair shall have authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. The Mayor will assist the Council to focus on the agenda, discussions and deliberations. He/she has been delegated the responsibility to control the debate and order of the speakers.

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B. Questions Addressed to a Council Member
With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member. That Council Member may respond while the floor is still held by the Council Member asking the question.

Council Members will limit their comments to the subject matter, item or motion being currently considered by the Council. They will govern themselves as to the length of their comments or presentation.

C. Meeting Procedures for review of Each Item on the Agenda (with the exception of Public Hearings:

1. The Mayor will read the agenda item under discussion.

2. Staff will present a brief report unless Council directs that no staff report is necessary.

3. Upon recognition by Mayor, Members of the City Council may ask questions of staff.

4. Mayor may request Councill discussion on an item before public comment

5. Mayor will ask for public comment in chambers and then remote

6. Mayor will ask for Council discussion

7. Mayor will ask Council to take action for an action item including motions, resolutions, ordinances and directions to staff.

D. Public input/oral presentations
Any member of the public wishing to address the Council orally on a specific agenda item may do so when the item is taken up by Council, or as otherwise specified by the Council or its presiding officer. Oral presentations are limited to three minutes, unless otherwise provided.

Persons who anticipate oral presentations exceeding three minutes are encouraged to submit comments in writing to the City Clerk, by the Tuesday prior to the meeting so they may be included in the agenda packet. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address Council on the same subject matter, the presiding officer may request that a spokesperson be chosen by the group. A specified time limit also may be set for the total presentation for any group.  Close of Public Comment
Once public comment is closed, it cannot be reopened unless Council agrees by consensus.  Staff response to questions from the public.

Based on staff responses to the public, members of the City Council may wish to address further questions to staff.
 The Mayor/City Administrator/Attorney shall remind the City Council of the action before Council.
 City Council discussion
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 City Council action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Chair shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any City Council Member properly recognized by the Chair. Once the matter has been fully discussed and the Chair calls for a vote, no further discussion will be allowed.

Council Members may be allowed to explain their vote briefly for the record. Once a vote is taken, all Council Members shall support the action taken.  Substitute motions
When a motion is on the floor, any member of City Council may make a substitute motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the main motion.  Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making persons or body from which the appeal was taken.
 Motions to reconsider
Motions to reconsider a matter may be made at the same meeting or at the next succeeding meeting following a Council action for reconsideration on. Such motions must be made by a Council Member voting in favor of the original motion.
 Staff announcement of decision
The Mayor, City Administrator, City Attorney, or City Clerk shall announce the vote and passage or failure of an item.
 Curfew
New items will not be started after 9:30 pm unless the City Council votes to extend the time of the City Council meeting.

E. Meeting Procedure for formal Appeals/Public Hearings When a matter for public hearing comes before the City Council, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present any evidence regarding the matter.

The procedure for holding City Council appeals differs from other items where the public is allowed to speak in that appellants are allowed to have 10 minutes to make a presentation, including closing comments. The public testimony follows, after which the appellants are given an opportunity for rebuttal or closing arguments .
 Public comments/discussion
No person will be permitted during the hearing to speak about matters or present any evidence that is not germane to the matter being considered. A determination of relevance shall be made Attachment 3
Resolution 2020-063

4900-8183-2250 v1
by the Mayor or City Attorney, but may be appealed by any Member of the City Council.

Public Hearings may be scheduled fo special City Council meetings except for Public Hearings for the adoption of a regular ordinance.

F. Minutes of Meeting Policy (C89-02)
The Minutes of the City Council meeting are action minutes and do not reflect City Council commentary and discussion. However, if a Council Member wishes to include comments in the record, they will be included if so requested at the meeting (e.g. "for the record, I wish to state..."). All motions made, even those made without a second are to be included in the minutes.  Items entered into the record
All agenda items/documentation/correspondence received at a Council meeting shall be retained in the City’s records.
 Distribution
The minutes shall be distributed to members of the City Council for comment and/or correction in the Council packet. The City Clerk will correct the minutes prior to the meeting, and if the correction is substantive, copies of the corrected minutes shall be distributed to all members of the Council.

G. OfficialRecording of theMeeting
All City Council meetings are recorded. This ensures accuracy of the minutes and provides a temporary record of the City Council proceedings. Once the minutes are approved, legally, the recordings do not have to be retained. However, recordings of the Council meetings; Planning Commission meetings, and recordings of other commissions/boards shall be retained pursuant to the City’s adopted Retention Schedule.

Amended: October 6, 2020
Attachment 3
Resolution 2020-063

C89-02
4900-8183-2250 v1

COUNCIL MINUTES
A. PREFACE
City Clerks in general law cities are specifically required to keep a record, journal or minutes of the council meetings (Gov. C. 36814, 40801). Cities governed by freeholder's charters are usually subject to the same requirement s. Although there is no legal necessity to do so, it is appropriate to mention, introductorily, in the minutes that the meeting was convened and held as noticed.

B. PURPOSE OF COUNCIL MINUTES
A most important principle of corporation law, applicable to private, public, and municipal corporations, is that such organizations can only act through their officers and employees.

These corporations are governed by fixed rules found in the basic law of the organization; in charter and state statutes in the case of municipal corporations.

When these factors are considered, the keeping of a good record of council proceedings becomes obvious. A sufficient record must be kept to furnish evidence that the City Council has complied with the law or rules by which it is governed, thus pointing to the need for accurate and clear records of council proceedings. Finally, if accurate, complete, and unambiguous minutes of City Council meetings are recorded, these facts themselves will be treated as conclusive evidence of the facts therein stat ed.

C. FORM AND CONTENTS OF COUNCIL MEETING MINUTES

1. Standard Forms:

Use of standardized format is recommended to develop uniformity on minute entries and to save time in composing the record.

2. Jurisdictional Matters
To establish proof that jurisdictional requirements for holding a meeting have been complied with, it is important that minutes contain the following:
a. Date, hour, and place of meeting.
b. Whether it is a regular, adjourned, or special meeting. c. A proper notice has been given if it is a special meeting. d. The names of council members in attendance (in case a council member arrives late, or departs before adjournment, the minutes should show the time of arrival and/or departure at that point in the proceedings).

3. Approval of Minutes of Previous Meetings
Although there is no legal requirement that minutes be approved by the City Council, this traditional procedure is advisable as it lends further weight to the accuracy and completeness of the record. It is recommended that the City Council be furnished copies of minutes in sufficient time prior to a City Council meeting to avoid any necessity of reading of the minutes by the clerk. When approved as written, or as changed by the City Council, the minutes are considered to be official.

4. Record of Action Taken
The minutes need only record:
a. Petitions and communications

1. Date of the document

2. Subject

3. Authors, if only a few
Attachment 3
Resolution 2020-063

C89-02
4900-8183-2250 v1

4. Number of signers, if numerous

5. Action taken
The minutes need not record the comments made by members of the City Council concerning the merit or lack of merit of the petition or requests contained in the document, unless expressly requested by the officer making such comment. The reason for the latter observation is that the document speaks for itself, and it has no legal significance until the City Council acts or refuses to act with respect thereto. b. Consideration of bids

1. Record of bids filed and opened
a. The subject matter of the bids
b. The compliance with all requirements for the advertising for such bids. c. The names of all bidders, and the total amounts of their respective bids.

2. Action taken with respect to bids.
a. It is preferable that a resolution, prepared or approved by the City Attorney, be used in awarding contracts to the successful bidder. When this is done, the minutes need only refer to the resolution in recording the action taken.
b. If the City Council determines to accept a bid which is not the lowest in amount, it is advisable that the minutes show that such bid was "the lowest reasonable bid". Whether the minutes should include a record of the matters leading to the determination of "responsibility" is a decision clerks might well review with their City Attorneys.
c. Ordinances and resolutions

1. Introduction
The information which should be recorded in City Council minutes, with respect to the introduction of an ordinance, depends upon the particular rules or practices of each city on the subject. Thus, if the practice requires that before an ordinance or resolution can be acted upon, it shall be introduced by one City Council Member, and seconded by another, this information should be recorded in the minutes.

Generally speaking, minutes should record the following data concerning the introduction of an ordinance or resolution:
aa. The title or subject matter
bb. The names of the City Council Members introducing and seconding

2. Compliance with jurisdictional requirements prior to action taken on ordinances or resolutions
Attachment 3
Resolution 2020-063

4900-8183-2250 v1
Whenever the basic law or rules of a city require that a certain procedure must be followed prior to any action taken in adopting an ordinance or resolution, the minutes should show such compliance. This would include a statement referring to the previous introduction of the ordinance and would include a reference on an urgency ordinance that it is an urgency ordinance.

3. Votes cast for or against adoption of ordinances and resolutions aa. Presumption of validity of ordinances and resolutions. There is a presumption in favor of the due and regular adoption or rejection of a city ordinance or resolution, if there are any official records to support that presumption, and that the votes were cast in substantial accordance with the requirements of the law or regulations pertaining to such matters.

This is particularly true where the ordinance or resolution contains a certificate signed by the mayor and/or clerk. bb. Voting procedure governing adoption of ordinances and regulations (See Chapter VI on legislative Procedures)
d. Reports of officers

1. Written reports
Since any written record is the best evidence of its contents, a written report presented at a City Council meeting need only be mentioned in the minutes by reference to:
aa. Name or title of the officer
bb. Date of the report
cc. Subject or title of report
dd. Disposition made of report, if any
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2025

ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Correspondence Received After Agenda Posting
RECOMMENDATION:

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Letter from Carmel Chamber of Commerce
Correspondence #1 - Lenhard
Correspondence #2 - Twomey
April 29, 2025
City of Carmel-by-the-Sea
Attention: Mayor Byrne, Mayor Pro-Tem Delves,
Councilmembers Baron, Buder, Dramov, & City Administrator Rerig P.O. Box CC
Carmel-by-the-Sea, CA 93921
Re: FY 2025–2026 Budget Request – Carmel Chamber of Commerce Dear Mayor Byrne, Mayor Pro-Tem Delves, Councilmembers Baron, Buder, Dramov, and City Administrator Rerig,
On behalf of the Carmel Chamber of Commerce, I am pleased to submit our budget request for the 2025–2026 fiscal year. We are sincerely thankful for the City’s steadfast partnership and the shared progress we’ve made in support of our wonderful village. It has been a joyful and productive year, and we are proud of the momentum we’ve built—together.

Over the past year, the Chamber has grown in exciting ways, enhancing our ability to serve both our business community and the many visitors who fall in love with Carmel-by-the-Sea. From supporting local entrepreneurs to warmly welcoming guests at the Visitor Center, our work is rooted in community, collaboration, and a deep appreciation for the spirit of Carmel.

To continue this important work, we respectfully request a budget allocation of $60,000 for fiscal year 2025– 2026. This funding will directly support the ongoing operations of the Visitor Center, including staffing, visitor services, community outreach, and workforce development. These efforts not only elevate the visitor experience but also create lasting benefits for our local economy and quality of life.

Our team—staff and volunteers alike—brings energy and dedication to every interaction, and we are especially proud of the growth and excellence on display at the Visitor Center. With heart and hospitality, we aim to make every potential guest a lifelong admirer and advocate of Carmel-by-the-Sea.

We take seriously our responsibility to use City funds wisely and transparently. Each dollar entrusted to us is invested thoughtfully to sustain the charm, vitality, and economic health of our beloved community.

Thank you for caring so deeply about Carmel and for the trust you place in the Chamber. We are excited about the future and eager to continue building on the strong foundation we’ve created.

With gratitude and in partnership,
Kati Enea
President & CEO
Carmel Chamber of Commerce
Attachment 1
Nova Romero <[email protected]>
Fwd: God’s Admonishments ... My Appellate Brief Attached! 1 message
Matthew Lenhard <[email protected]> Thu, May 1, 2025 at 6:05 AM To: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] FYI Oath Breakers & Corrupt Un-American behaving SCUM of the CORRUPT Carmel, California city council AND CORRUPT oath breakers in leadership from the CORRUPT county of Monterey, California.

This morning I sent this email to a gowning distribution list of Journalists, Social Media / YouTube Influencers, Civil Rights Activists AND just straight up overburdened & angry Americans from the "EX-middle / working class", but I forgot to CC in all the CORRUPT Oath Breaking criminals that continue to fuel this fight that they started with corruption on 07/03/2020 with the CORRUPT actions of a couple of Violent, badged, criminals & civil rights violators from the Carmel PD that day when they can be seen violently attacking Theresa and a man "walking his dog", whom they almost drowned in the surf when they violently jumped him unlawfully! Fxck You Carmel & Monterey California PUBLIC Servants!
We The People Demand Better!
Matt - (Angry American overburdened taxpayer, father and member of the "EX-middle / working class"!) Email: [email protected]
---
"We must all hang together, or most assuredly, we shall all hang separately." "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
---------- Forwarded message ---------
From: Matthew Lenhard <[email protected]> Date: Thu, May 1, 2025 at 8:49 AM
Subject: Fwd: God’s Admonishments ... My Appellate Brief Attached! To: Matthew Lenhard <[email protected]>, Matthew Lenhard < Good morning oppressed American taxpayers & Journalists, etc. etc....

For those of you who may not have received an update directly from our friend and "corruption fighter" Theresa Buccola today, I wanted to add some of my commentary & screenshots from her past updates & story.

Good Morning! For anyone who might be following along with Theresa Buccola's quest for justice & government accountability in the corrupt state of California, from the corrupt town of "Carmel By The Sea" / Carmel, California, corrupt county of Monterey, California AND now extreme corruption she has uncovered and been documenting in the Federal Courts, I received an email from here this morning to update anyone who would care to follow along with her story. Theresa Buccola you might remember from around the Covid related unconstitutional lockdowns as being the woman who was unlawfully arrested along with a man out walking his dog in the ocean along the beach by a couple of badged oath breaking criminals from the Carmel police department who violently and unlawfully attacked them & arrested them! (Oh, and almost drown the man walking his dog when they choose to unlawfully go hands-on and tackle him facedown into the water / surf!)!! Anyway, if you remember I have been updating these chats about her story as they come out because the level of CORRUPTION she has uncovered related to ALL public officials in ALL of the areas I had previously listed above, including federal judges, is staggering! Here is the words from her update email today along with the .pdf files from her lawsuits in federal court. (I will also include a screenshot below if the pasted text is not very readable in this chat window.): - Dear Those Who Knew It Was a Lie All Along,
The appellate brief was uploaded in the 11th hour Monday evening, (attached below). This case continues to unfold in ways that reflect God’s judgment on arrogance. If you haven't seen this, here are two photos I submitted into the record last February:
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 1/12 Attachment 2
Devendorf Park copy Extract.002.png
The "Honorable" Judge Cousins never acknowledged these photos-- until he terminated my case.

Apparently, I got four attorneys "admonished", not three as I previously thought. Admonishments are judicial warnings for legal failings. These WERE IN ADDITION TO: the attorney for Carmel losing his 20 year partnership, and both he and his firm being investigated by the Standing Committee for "all matters in which they appear before the Court". Ouch. A fraction of the fraud, deception and lies I've uncovered the past five years. They're just not facing that these were not mere coincidences, but repeated Judicial warnings ... from the only Judge that matters.

I would recommend people read in the brief where I shredded the "Emergency Services Proclamation" in my analysis of "heeding advice" during one of the Hearings (pages 14 and 32 from the brief, and Carmel's Proclamation attached as 199-03). In other words, that document, what the entire lockdown in CA was predicated upon, never had any authority over us. It could be one of the details people refer to later and however remote, it does have the possibility of becoming a landmark case in exposing the scam. They’ve already uploaded a brand new 300 pages of documents to try and derail the appeal— that I now have to slog through over the next few weeks, while trying to make stained glass art. Whatever position they may assert, I'lll find a way around it. Eventually, and I don't know when, they are going to have to accept the consequences. It's particularly irritating that if this federal judge wasn't so busy covering for them left, right and center, I would have won last March.

Help me to live to fight another day with cashapp if you have it: $theresabuccola or https://www.givesendgo.com/G3FDT, They count on people succumbing to despair and being unable to stay in the ring while holding down their other commitments. It is regrettable-- they're stubbornly refusing to accept ... I'm just the messenger and small potatoes ... compared to who they're really up against. 🥳 Thank you everyone for your time, and when you get a chance, let me know how you're doing. Many blessings, freedom peeps. ~Theresa
www.theresabuccola.com
https://www.youtube.com/watch?v=j9qQDEimsR4.www.theresabuccola.com 🤬 - Theresa Buccola - Latest YouTube News Video from 05/01/2025 UPDATE Documenting Entire Story From Attacks and Unlawful Oath Breakers Actions starting it all on 07/03/2020, to the CORRUPTION she has encountered since while fighting an uphill battle alone in court against our corrupt government at ALL levels:
https://youtu.be/j9qQDEimsR4?si=Qs193_ZjZVmrX0DK
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 2/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 3/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 4/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 5/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 6/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 7/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 8/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:1830923572646113… 9/12 Attachment 2
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:183092357264611… 10/12 Attachment 2
We The People Demand Better!
Matt
Email: [email protected]
---
"We must all hang together, or most assuredly, we shall all hang separately." "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
---------- Forwarded message ---------
From: Theresa Buccola <t >
Date: Wed, Apr 30, 2025 at 6:37 PM
Subject: God’s Admonishments ... My Appellate Brief Attached! To: Theresa Buccola < >
Dear Those Who Knew It Was a Lie All Along,
The appellate brief was uploaded in the 11th hour Monday evening, (attached below). This case continues to unfold in ways that reflect God’s judgment on arrogance. If you haven't seen this, here are two photos I submitted into the record last February:

The "Honorable" Judge Cousins never acknowledged these photos-- until he terminated my case.

Apparently, I got four attorneys "admonished", not three as I previously thought. Admonishments are judicial warnings for legal failings.

These WERE IN ADDITION TO: the attorney for Carmel losing his 20 year partnership, and both he and his firm being investigated by the Standing Committee for "all matters in which they appear before the Court". Ouch. A fraction of the fraud, deception and lies I've uncovered the past five years. They're just not facing that these were not mere coincidences, but repeated Judicial warnings ... from the only Judge that matters.
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:183092357264611… 11/12 Attachment 2
I would recommend people read in the brief where I shredded the "Emergency Services Proclamation" in my analysis of "heeding advice" during one of the Hearings (pages 14 and 32 from the brief, and Carmel's Proclamation attached as 199-03). In other words, that document, what the entire lockdown in CA was predicated upon, never had any authority over us. It could be one of the details people refer to later and however remote, it does have the possibility of becoming a landmark case in exposing the scam. They’ve already uploaded a brand new 300 pages of documents to try and derail the appeal— that I now have to slog through over the next few weeks, while trying to make stained glass art. Whatever position they may assert, I'lll find a way around it. Eventually, and I don't know when, they are going to have to accept the consequences. It's particularly irritating that if this federal judge wasn't so busy covering for them left, right and center, I would have won last March.

Help me to live to fight another day with cashapp if you have it: $theresabuccola or https://www.givesendgo.com/G3FDT, They count on people succumbing to despair and being unable to stay in the ring while holding down their other commitments. It is regrettable-- they're stubbornly refusing to accept ... I'm just the messenger and small potatoes ... compared to who they're really up against. 🥳 Thank you everyone for your time, and when you get a chance, let me know how you're doing. Many blessings, freedom peeps. ~Theresa
www.theresabuccola.com
https://www.youtube.com/watch?v=j9qQDEimsR4.www.theresabuccola.com https://www.crrow777radio.com/610-the-beach-is-permanently-open-wannabe-autocrats-get-schooled-free/ We The People Demand Better!
Matt
Email: [email protected]
---
"We must all hang together, or most assuredly, we shall all hang separately." "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
2 attachments
199.03.pdf
3958K
Theresa Irene Buccola's Appellate Brief.pdf
1427K
5/1/25, 12:51 PM Carmel-by-the-Sea Mail - Fwd: God’s Admonishments ... My Appellate Brief Attached! https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permthid=thread-f:1830923572646113405&simpl=msg-f:183092357264611… 12/12 Attachment 2
Nova Romero <[email protected]>
Tuesday's City Council - Budget Book item #2
Nancy Twomey <[email protected]> Mon, May 5, 2025 at 11:31 AM To: City of Carmel-by-the-Sea <[email protected]>, [email protected] Cc: Chip Rerig <[email protected]>, Brandon Swanson <[email protected]> A few items - to clarify - Tuesday eve ....and/or minimally at the later in May workshop.

1. At a Council meeting earlier this year - we talked about exposing specific "operational expense budget" items more clearly. These items are dominantly in the Public Works area. Some of these look to be exposed on Slide #4 in the presentation. But we don't currently see what $'s are estimated in these operational items and if this is an increase or decrease from prior budgets/actuals. -
For example Tree related work/$'s - I see on page 50 of the Budget book - more of the details...but not with it compared to this year's budget/actual estimate) Is this possible to represent these more clearly? If I'm not seeing this and it is there - please.

2. And on slide #11, the "Fund Balance for Capital Projects" of over 5 million. I assume again, that these dollars are the estimated $'s that were in last years budget - but were not spent - due to project delays or that the larger projects behind these $'s are multi year projects - so are not expected to be needed in this fiscal year. <-- please clarify if my assumptions are correct or not.

3. And continuing on this prior question - are the (beyond the nonemergency/quick fix) dollars in last/this years' budget for the Police Building project (due to delayed decision making) now included in the $5 million amount? Thank you!
--
Nancy Ann Twomey
Carmel by the Sea Resident
C-650-740-3477 [email protected]
5/5/25, 11:39 AM Carmel-by-the-Sea Mail - Tuesday's City Council - Budget Book item #2 https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permmsgid=msg-f:1831306419521395385&simpl=msg-f:1831306419521395385 1/1 Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 6, 2025

ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Presentations received after agenda posting
RECOMMENDATION:

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Policy on Council Procedures PPT
See Monterey Update PPT
Fee Schedule Update FY 25-26 PPT
FY 25-26 Budget Overview PPT
Item # 5
Review & Discuss City Policy C89-02 –
Proposed Changes to Meeting Procedures
and Public Appearances
City Council Meeting
May 6, 2025

CITY OF CARMEL-BY-THE-SEA
CITY OF CARMEL-BY-THE-SEA 1
• Mayor Byrne requested a discussion on City
Policy C89-02.
• This policy governs City Council meetings, agenda
procedures, and public appearances. It was
adopted in 1988, and revised in 2009, 2012, and
2020.
• On March 31, 2025, the City Council discussed
possible changes to Policy C89-02.
• The purpose of this item to review possible policy
changes and provide direction for next steps.

CITY OF CARMEL-BY-THE-SEA 2
Background
CITY OF CARMEL-BY-THE-SEA 3
Proposed Changes to Meeting Procedures

1. Agenda Preparation – the Mayor and Mayor Pro Tem will look 3-6 months ahead when planning the Council agenda.

2. Meeting Procedures - Requiring presentation slides to be made available to Council and the public by 5 pm on the Friday before meetings.

3. Set specific start times for items likely to draw high public interest (e.g. street addresses).

4. Acknowledge receipt of written public comments (emails/letters).

5. The Mayor will ask for the number of people who wish to speak on a particular item and may adjust the public comment time accordingly.

6. Include general public comment on Regular Meeting agendas, but not Special Meeting Agendas.

7. Ask speakers to avoid repeating prior comments and instead express agreement with the previous comment.

8. Add this language to the City Council Agendas: Brown Act Requirements: general public comments must be on matters related to matters of the legislative bodies jurisdiction. Comments on agenda items must relate to that agenda item. Anyone who does not follow these requirements of the Brown Act in person or via teleconference will be muted.

9. Add to the Meeting Procedures the option for some Council discussion before public comments.

10. Curfew - Implement a 9:30 pm meeting curfew. Council must vote to continue the meeting past 9:30 pm.

11. Hold appeal hearings on a separate meeting date during the day, if possible.

CITY OF CARMEL-BY-THE-SEA 4
Proposed Changes to Meeting Procedures – Cont’d

1. Extraordinary Business Items - Keep to 3 min per item

2. Consider adding a special meeting later in the month, or start meetings earlier in the day, such as 3 pm.

3. Consider the Monterey meeting model, with an afternoon session general public comment, a dinner break/closed session, and an evening session with another general public comment period.

4. Consider ordering public comments by duration with the following preference: 1-minute speakers first, followed by 2-minute and then 3- minute speakers. The are no provisions in the Brown Act which expressly allow such a preference. Further research can be done upon direction by the City Council.

CITY OF CARMEL-BY-THE-SEA 5
Additional Potential Changes to Policy
CITY OF CARMEL-BY-THE-SEA 6
Additional Potential Changes to Policy

5. Consider whether the City can give preference during general public comment to City residents. There are no provisions in the Brown Act which expressly allows such a preference. Further research can be done upon direction by the City Council.

6. Consider the Coastal Commission process of going on line before the meeting to register for public comment. The Coastal Commission is a State agency and the meeting procedures are governed by the Bagley Keene Act instead of the Brown Act which applies to local agencies. Further research can be done upon direction by the City Council.

7. Consider a time limit for the general public comment period. Note: The current Policy reserves to the Council the right to limit the duration of Public Appearances to thirty minutes total.

8. Consider setting general public comment for non-agenda items at the end of the Regular Council meetings to allow Council to complete Agenda first.

CITY OF CARMEL-BY-THE-SEA 7
Next Steps
If the Council finds that one or more of the changes described to Policy C89-02 are appropriate, then staff can return to the Council at a future meeting with a revised Policy C89-02 incorporating those changes.

CITY OF CARMEL-BY-THE-SEA 8
End of Presentation
Questions?
Carmel-by-the-Sea
See Monterey Activities
May 6, 2025

SEE MONTEREY
Destination Marketing Organization
VISION
A thriving tourism economy
that enriches Monterey County's
economic vitality and quality of
life.

MISSION
To generate community
prosperity for Monterey County
through the responsible
promotion and growth of the
tourism economy
FY2024-25 Summary by the Numbers (Jul-Dec)
Leveraging the City of Carmel-by-the-Sea's YTD investment of $113,148.5 with the combined jurisdiction and hotel investments yielded a tremendous ROI for our entire community. See Monterey' marketing communications efforts contributed to reaching over 5.3 million travel-ready households and more than 400,000 ad-influenced trips to Monterey County.

City of Carmel-bythe-Sea Business
Membership
City of Carmel-bythe-Sea Marketing
Communications
ROI
See Monterey
website & visitor
app results
City of Carmel-bythe-Sea Business
Development ROI
- Economic impact: $62,456
- Leads: 48
Potential room nights: 3,467
Potential new business: 1,801
- Booked groups: 3
- Booked room nights: 110
- Business Referrals - 91
- Partner-site conversion: 32.9k clicks
from SeeMonterey.com to a local business
- Social engagements: 13,600
engagements (likes, comments, shares,
link clicks, and video views)
- Earned media impressions: 233.2M
- PR ad equivalency: $685,250
- Total members: 68 members
- Events promoted: 39 events promoted
- Member workshops: Social Media,
Responsible Travel, Travel Trade &
International Travel
- Collaboration: Visit Carmel, Carmel
Chamber, Carmel Cares
- Total web sessions: 18,800 sessions
- New downloads of app: 1,867
downloads
- Total App users: 1,415 Monthly
Average Users
Marketing Communications
Advertising, PR, Social Media
Business Development
Travel Trade
6 familiarization trips (FAMs)
44 international tour operators and travel advisors experienced 13 partners' product New packaged travel product selling online
Example: Journeyscapes and Ocean Holidays (UK)
FIT distribution
7 hotels are now bookable to int'l tour operators and agents on global distribution channels through wholesale partners Bonotel and TourMappers Product education to over 1,200 qualified travel buyers at tradeshows, sales missions and webinars
Virtuoso Travel Week, ILTM North America, ILTM Cannes, Brand USA Travel Week 4 trade marketing campaigns to boost winter, spring hotel bookings Internova, Signature Travel Network, Bonotel, Hopper
MCT 2030
What’s Next?
Monterey County Tourism 2030 Roadmap
Maximizing Tourism Economy Potential
• Intended to sharpen focus over next
half decade
• Includes new Resident Sentiment
Study & Visitor Profile Study
• Considers major challenges and
opportunities in the coming years
• Relies on community-wide
collaboration, planning and
implementation

CHALLENGES
Economic Uncertainty
Marketing Reach
MCT 2030
Key Imperatives
• Raise the tide for all – grow market
share
• Attract visitors from further away –
tend to stay longer and spend more
• Tourism dispersion – spread travelers
throughout the entire county
• Transportation Collaboration – with

MRY, MST, TAMC
• Evolve Events – make current events
work harder; attract new
The Right Path goes beyond
environmental sustainability,
incorporating several key elements
aimed at minimizing negative impacts
and enhancing positive outcomes.
• Environmental Stewardship
• Cultural and Community Respect
• Support for Local Businesses
• Respect for Local Communities
Education and Awareness
Responsible Travel
The Right Path
Thank you for your continued partnership.

Approve Fiscal Year
2025-2026 Fee Schedule
City Council Meeting
May 6, 2025

CITY OF CARMEL-BY-THE-SEA
● City is legally allowed to recover “reasonably-borne” costs of services provided to identifiable customers / “users”
● Costs are based on a Fee Study (last performed FY 23-24) ● Fees are updated for CPI between studies
● Current Year CPI adjustment is +2.4% (Local Area = San Francisco- Oakland-Hayward) ● Review and Approve FY 25-26 Fee Schedule
Background and Purpose
● Fee schedule includes Community Activities and Library Fees, updated to catch-up for CPI not previously applied
● Fee schedule also clarifies that Ambulance fees are tied to those published by the County of Monterey
● Fee schedule corrected to reflect the actual cost of the historic evaluation invoice being paid by the City
Updates to Fee Schedule
● Bring back additional fees not currently in the fee schedule • The City has identified certain costs that are not currently addressed in the fee schedule
• The City has identified a potential way to waive fees for those unable to pay
● New cost study is budgeted for the coming year
Updates Not Included in the Fee Schedule
● Staff recommends the continuation of full cost recovery for charges for services
● Recommend adoption of FY 25-26 fees as proposed (including San Francisco-Oakland-Hayward area CPI of 2.4%)
● This schedule becomes effective 60 days after adoption, on July 5, 2025, per State of California Government Code Section 66017 (a).
● Additional fees and waiver will be brought back as soon as they are ready.

Recommendation and Discussion
Questions?
End of Presentation
Fiscal Year 2025-2026
Recommended Budget
Overview Presentation

CITY OF CARMEL-BY-THE-SEA
May 6, 2025
Budget Timeline
May 6, 2025
FY 25-26 Budget Overview Presentation
May 6–18 2025
Submit budget questions
May 21, 2025
FY 25-26 Budget Workshop on May 21, 2025
@ 3:30pm
•Details provided on revenue, expenditures, staffing
•Responses to budget questions received as of May 18
June 3, 2025
FY 25-26 Budget Adoption scheduled for
June 3, 2025
•Inclusive of revisions per direction received on May 6 and May 21
•Responses to budget questions received through May 23
Budget Process
• Department Manager requests based on the current year’s experience. • Revenues forecast based on consultation with industry experts. • The Financial Stewardship Workgroup examined revenue assumptions and operations detail as the City seeks to ‘trim the fat’ • Operations scrutinized in light of potential economic weaknesses and trends in increased costs, resulting in:
• Modified assumptions
• Cuts to existing staffing plans
• Elimination of requested new positions
• Cancellation or reduction of planned projects
Budget Process – Examples of Analyzed Projects
Description (Department1) Description (Eb Detail)
CPB GIS Updates & Main
CPB Host Compliance, short term rental enforcement
Library
Joe Shabram Conservation work needed on 7 pieces of City art on display - Northeast Document Conservation Center (NEDCC) report, September 2024
Library
Brett Trotter Transportation to and from for the conservation work to be completed
PW Administration
Underground Service Alert Nor Cal USA Tickets (increase for more sidewalks and tree planting and/or stumps)
PW Administration FreshDesk add-on for Facilities
PW Administration AutoCad & Civil3D
PW Environmental Division North Dunes Habitat Monitoring (DD&A) PW Environmental Division ASBS Watershed Monitoring
PW Environmental Division CAWD Contract - Vactor CDS, Basin Cleanings PW Environmental Division On-Call Environmental Services (CEQA, Permits, Biol) PW Environmental Division Climate Action/Adaptation Plan Initiatives PW Environmental Division North Dunes Volunteer Management (Native Solutions) PW Facilities Maintenance First Murphy House painting
PW Facilities Maintenance Emergency Generator Services
PW Facilities Maintenance Fire Station epoxy flooring
PW Forest,Parks & Beach Devil Mountain Wholesale Nursery trees, plants, native seeds PW Forest,Parks & Beach
Vineyard Rock Products (FY 25/26 Beautification project (First Murphy), irrigation, bordering, shrubs/flowers/grasses/plants)
PW Streets Division Ausonio Outside Labor, Sidewalk repairs. Non CIP Projects PW Streets Division Pressure washing
PW Streets Division New concrete scarifier grinder
Description (Department1) Description (Eb Detail)
City Clerk Sy Tech - Vital records scanning and digitizing City Clerk Record/File migration project
City Clerk CivicPlus Boards and Commissions Portal
City Council Mobile Meeting A/V Broadcast
Community Activities New Stages SUPPLIES/EQUIP./MISC
Community Activities Event Photography NEW PROGRAM/EVENTS Community Activities Silent Dance Party NEW PROGRAM/EVENTS Finance Revenue Specialist - Cost Study/Efficiency Study Finance Web Dashboard Interface - Transparancy in Fiscal Reporting Human Resources Sy Tech - HR file scanning and digitizing project Human Resources NEOGOV - HR and timekeeping systems
Human Resources New HRMS Software
Information Technology Plante Moran - IT Strategic Plan - Quote Information Technology Paid Internship Program - 1000 hrs @ $25 Information Technology Network Security Planning - Tabletop Information Technology Smart Village - Wifi Planning
Information Technology Conduit System - Planning Phase
Information Technology Wireless Access Point
Information Technology Computer Replacement Program - (5 year replacement) 15 of 85 Vehicle & Equipment
Replacemnt IT Network Refresh
CPB Safety Element Contract
CPB MND Addendum for HE6 Amendment
Budget Process – Examples of Analyzed Operations
Description (Department1) Description (Eb Detail)
Finance TOT Audit aprox 1800 per audit
Fire Spring water
Fire
Repairs/MaintNew engine coming but may also be delayed. Repair costs are high and vehicles are needing more repairs
Human Resources Recruiting Firm & Candidate Travel Reiumbursment Human Resources Traffic Patterns - Vilcia Rodriguez- contract? Human Resources Employee Appreciation
Information Technology IAMP - audio visual services
Information Technology Paid Internship Program - 1000 hrs @ $25 Information Technology ATT
Information Technology Verizon
Information Technology VOIP phone service
Police Comcast, Verizon, ATT air cards, internet
Police contract services
PW Forest,Parks & Beach Landscaping Citywide Town & Country PW Forest,Parks & Beach West Coast Arborists - Tree work in the City PW Forest,Parks & Beach MTNP Drainage Project Town & Country PW Forest,Parks & Beach Landscaping Scenic Pathway Town & Country PW Forest,Parks & Beach MTNP Removal/Clean Up
PW Forest,Parks & Beach Landscaping First Murphy Town & Country PW Forest,Parks & Beach Landscaping Mission Trails Town & Country PW Forest,Parks & Beach Devil Mountain Wholesale Nursery trees, plants, native seeds PW Forest,Parks & Beach
Vineyard Rock Products (FY 25/26 Beautification project (First Murphy), irrigation, bordering, shrubs/flowers/grasses/plants)
PW Forest,Parks & Beach Drought Resistant Nursery Trees and plants Description
(Department1) Description (Eb Detail)
Administration Grant Writing
Community Activities Weekly Market FARMERS' MARKET
Community Activities 3rd Thursday FARMERS' MARKET
Community Activities New Stages SUPPLIES/EQUIP./MISC
Community Activities
Christmas Tree Lights Pros (Additional Lights) HOLIDAY TREE / MENORAH

LIGHTING
Community Activities Christmas Tree Lights Pros (Tree) HOLIDAY TREE / MENORAH LIGHTING Community Activities Glastonbury HOLIDAY TREE / MENORAH LIGHTING Community Activities Event Photography NEW PROGRAM/EVENTS Community Activities Silent Dance Party NEW PROGRAM/EVENTS Community Activities Stage Rental HOLIDAY TREE / MENORAH LIGHTING Community Activities Glastonbury VETERAN'S DAY
Community Activities Banners for Ocean Avenue HOLIDAY TREE / MENORAH LIGHTING Community Activities Pumpkins PUMPKIN ROLL
Community Activities Candy/Hot dogs/chips/water CITY BIRTHDAY/PARADE Community Activities Misc SUPPLIES/EQUIP./MISC
Community Activities Replacement tents SUPPLIES/EQUIP./MISC Community Activities Tech for the band (Here&Now) CITY BIRTHDAY/PARADE Community Activities
Decorations (replacements) (incl, candy giveaways) HOLIDAY TREE / MENORAH

LIGHTING
Community Activities Halloween lights CITY BIRTHDAY/PARADE Economic
Development Sunset Cultural Center
Economic
Development MCCVB - 3% of TOT budget
Economic
Development Visit Carmel
Economic
Development Chamber of Commerce
Comparison of Current and Prior Budget
Compared to the prior year’s budget, this year is different:
• Revenues based on forecasts of collections, not past budgets • Salaries are based on forecast actual, not “top step” worst case • Most requested new and unfilled positions eliminated; remaining approved vacancies forecast for delayed hiring
FY 25-26 Budget at-a-Glance
FY25-26 Recommended Revenues $34,714,265
General Fund Operating Expenditures 28,626,319
Debt Service Expenditures 509,100
Pension Unfunded Liability Mitigation Expenditures 2,708,158 Capital Outlay Expenditures 7,894,000
FY25-26 Recommended Expenditures $39,737,577
Use of Fund Balance for Capital Projects $5,023,312
Funded Full Time Equivalent (FTE) positions 96.50
FY 25-26 Budget at-a-Glance
FY25-26 Recommended Revenues $34,714,265
General Fund Operating Expenditures 28,626,319
Debt Service Expenditures 509,100
Pension Unfunded Liability Mitigation Expenditures 2,708,158 Capital Outlay Expenditures 7,894,000
FY25-26 Recommended Expenditures $39,737,577
Use of Fund Balance for Capital Projects $5,023,312
Funded Full Time Equivalent (FTE) positions 96.50
FY 25-26 Budget at-a-Glance
FY25-26 Recommended Revenues $34,714,265
General Fund Operating Expenditures 28,626,319
Debt Service Expenditures 509,100
Pension Unfunded Liability Mitigation Expenditures 2,708,158 Capital Outlay Expenditures 7,894,000
FY25-26 Recommended Expenditures $39,737,577
Use of Fund Balance for Capital Projects $5,023,312
Funded Full Time Equivalent (FTE) positions 96.50
FY 25-26 Budget at-a-Glance
FY25-26 Recommended Revenues $34,714,265
General Fund Operating Expenditures 28,626,319
Debt Service Expenditures 509,100
Pension Unfunded Liability Mitigation Expenditures 2,708,158 Capital Outlay Expenditures 7,894,000
FY25-26 Recommended Expenditures $39,737,577
Use of Fund Balance for Capital Projects $5,023,312
Funded Full Time Equivalent (FTE) positions 96.50
FY 25-26 Budget at-a-Glance
FY25-26 Recommended Revenues $34,714,265
General Fund Operating Expenditures 28,626,319
Debt Service Expenditures 509,100
Pension Unfunded Liability Mitigation Expenditures 2,708,158 Capital Outlay Expenditures 7,894,000
FY25-26 Recommended Expenditures $39,737,577
Use of Fund Balance for Capital Projects $5,023,312
Funded Full Time Equivalent (FTE) positions 96.50
Revenues at-a-Glance
Source Budget % of Budget
Sales Tax $3,828,119 11%
Measure C 6,595,056 19%
Property Taxes 9,198,405 27%
Transient Occupancy Tax 9,109,116 26%
Other 3,272,484 9%
Charges for Services 2,711,085 8%
Building 1,006,537 37%
Ambulance 1,004,422 37%
Planning 259,705 10%
Other Departmental Charges 440,421 16%
Total $ 34,714,265 100%
Major Revenue Assumptions
Key Revenue Assumptions
Property Taxes: Assuming steady growth at 2.5% increase over FY24-25 Estimated Actual Sales Tax: Projecting 2% increase over FY24- 25 Estimated Actual Measure C: Predicting 1.7% increase over FY24-25 Estimated Actual TOT: Guarded FY25-26 projections due to uncertainty of travel and consumer spending.

Projecting a 2% decrease over FY24-25 Estimated Actual
Key
Revenues
FY 21-22
Actual
FY 22-23
Actual
FY23-24
Actual
FY24-25
Estimated
Actual
FY25-26
Recommended
Budget
Property Taxes $7,694,722 $8,136,928 $8,770,848 $8,974,083 $9,198,405 Sales Tax $3,626,263 $3,469,412 $3,692,470 $3,753,350 $3,828,119 Measure C $5,970,464 $5,868,695 $6,386,122 $6,484,814 $6,595,056 TOT $7,787,643 $8,455,742 $8,579,344 $9,295,016 $9,109,116 Total $25,079,092 $25,930,777 $27,428,783 $28,507,264 $28,730,696 Assumptions - Explained
• TOT Revenue:
• Forecast actual collections not previous budget
• Industry projected decrease
• No longer a conservative budget.
• Sales and Use Taxes:
• Budgeting for a modest increase in Sales taxes
• Unlike other cities in the area and throughout the State • Based on advice from the City’s professional sales tax consultants FY 25-26 Budget | $39.7 MILLION
$19.5M $11.9M $7.9M $509K

EMPLOYEES
Salaries & Benefits,
Pension Unfunded
Liability, Worker’s Comp

COMMUNITY
Operating expenditures for
services and supplies
CIP
public safety, hardscape and
green infrastructure,
technology for operations,
environmentally friendly
vehicles, facilities’ deferred
maintenance
DEBT
2020 Refunding Lease
Revenue Bonds
Expenditures at-a-Glance
Type of Expenditure Budget
Salaries & Benefits $16,757,971
Outside Services 8,889,601
Other Expenditures 2,978,747
Pension 2,708,158
Capital Outlay 7,894,000
Debt Service 509,100
Total $39,737,577
Expenditures by Function
Total Expenditures Budget %
Administration $3,852,933 10%
Citywide 4,814,943 12%
Council 248,779 1%
Legal 517,000 1%
Planning 2,371,920 6%
Ambulance 1,832,358 5%
Fire 3,417,424 9%
Police 5,544,067 14%
Marketing 1,167,981 3%
Library 1,488,126 4%
Community Activities 247,190 1%
Public Works 5,831,756 15%
Operating Budget $31,334,477 79%
Debt 509,100 1%
Capital 7,894,000 20%
Total $39,737,577 100%

Operating Budget| $11.7 M
Department FY25-26
Recommended
Budget
% of
Budget
Fire $3,417,424 29%
Public Works 1,898,235 16%
Non-Departmental 1,979,785 17%
Economic Development 1,167,981 10%
Administration 1,199,330 10%
Police 557,520 5%
City Attorney 517,000 4%
Ambulance 380,650 3%
Community Planning & Building 270,388 2%
City Council 213,565 2%
Library & Community Activities 139,470 1%
Total $11,741,348 100%
Key Changes to Operating Budget
• Key positions to be filled by current year-end put
pressure on budget
• Contract services and overtime are budgeted at reduced levels
• Other operating Costs unchanged (no CPI increases)
Salaries & Benefits Budget | $16.8 M
Department
FY25-26
Recommended
Budget % of Budget
Police $4,986,547 30%
Public Works 3,933,521 23%
Administration 2,653,603 16%
Community Planning & Building 2,101,532 13%
Library & Community Activities 1,595,846 10%
Ambulance 1,451,708 9%
City Council 35,214 0%
Total $16,757,971 100%
Staffing and Salary Assumptions
Department and Title Adopted Proposed Change
Community Services Assistant 1.00 0.50 -0.50
Library Associate 0.00 3.00 3.00
Library Assistant (full-time) 4.00 1.00 -3.00
Librarian II (Local History) 1.00 0.00 -1.00
Hourly Library Assistant 3.25 2.00 -1.25
Senior Planner 0.00 1.00 1.00
Assistant Planner 1.00 0.50 -0.50
Code Compliance Coordinator 2.00 1.50 -0.50
Sergeant 2.00 3.00 1.00
Police Officer 9.00 10.00 1.00
Citywide Total Funded Positions 97.25 96.50 -0.75
• Projected Salaries: at actual step
for FY25/26 vs top step.

Ramification – no “salary savings” if
unexpected expenses arise.
• Vacant Positions: as not filled for
an average of 4 months.

Ramification - salaries over budget if
recruitments occur faster.

Capital Projects at-a-Glance
Category Amount of Budget
Streets $1,570,000 20%
Drainage $350,000 4%
Facilities $1,265,000 16%
Forest/Park/Beach $2,464,000 31%
Environmental $60,000 1%
Library $75,000 1%
Planning $400,000 5%
Contingency $500,000 6%
IT $90,000 1%
Fleet $1,120,000 14%
Total $7,894,000 100%
Note, new Capital Outlay Funding above does not include carryover for uncompleted projects of $3,460,000.

Budget Timeline – Next Steps
May 6, 2025
FY 25-26 Budget Overview Presentation
May 6–18 2025
Submit budget questions
May 21, 2025
FY 25-26 Budget Workshop on May 21, 2025
@ 3:30pm
•Details provided on revenue, expenditures, staffing
•Responses to budget questions received as of May 18
June 3, 2025
FY 25-26 Budget Adoption scheduled for
June 3, 2025
•Inclusive of revisions per direction received on May 6 and May 21
•Responses to budget questions received through May 23
Recommendation
Receive FY 25-26 Budget Overview Presentation
Submit budget questions to all the following on or before May 18:
[email protected]
Questions?