Carmel-by-the-Sea City Council
January 13, 2026

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Contact: 831.620.2000 www.ci.carmel.ca.us
Mayor Dale Byrne
Councilmembers Jeff Baron, Hans Buder, Bob
Delves, and Alissandra Dramov
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues
Regular Meeting
Tuesday, January 13, 2026
4:30 PM

HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser and enter the passcode. https://ci-carmel-ca-us.zoom.us/j/83138976374
Webinar ID: 831 3897 6374
Passcode: 862068
Dial in: (253) 215-8782

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

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS (Estimated time - 10 min)

Carmel High School Report Out
Nonprofit Spotlight - Carmel Art Association

PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair. Persons are not required to provide their names, however, it is helpful for speakers to state their names so they may be identified in the minutes of the meeting. Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. If a member of the public attending the meeting remotely violates the Brown Act by failing to comply with these requirements of the Brown Act, then that speaker will be muted.

ANNOUNCEMENTS (Estimated time - 10 min)
City Administrator Announcements
City Attorney Announcements
Councilmember Announcements
CONSENT AGENDA (Estimated time - 5 min)
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council or the public may ask that any items be considered individually for Council discussion and/or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.
1) Second Reading and Adoption of Ordinance 2025-005 Adding Chapter

12.50 to the City Municipal Code Prohibiting Playing Pickleball and Other Paddle Sports in Forest Hill Park; and consideration of related CEQA exemptions (i.e., Common Sense Exemption [CEQA Guidelines § 15061(b)(3)] and Class 1 Existing Facilities Categorical Exemption [CEQA Guidelines § 15301])
2) Second reading and Adoption of Ordinance 2025-006 amending City of Carmel-by-the-Sea Municipal Code Section 15.55.100 for address identification pursuant to the California Building Standards Codes.

PUBLIC HEARINGS
3) First reading and Introduction of Ordinance No. 2026-001 amending Carmel-by-the-Sea Municipal Code Title 15 (Buildings and Construction)

by adopting the 2025 editions of the California Administrative Code, California Building Code (CBC) and appendices, California Residential Code CRC), California Energy Code (CEnC), California Fire Code (CFC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California Green Building Standards Code (CGBSC), Historic Building Code (HBC), Existing Building Code (EBC) and Wildland-Urban Interface Code (WUI) and 2024 International Property Maintenance Codes (IPMC) with local amendments (Estimated time - 15 min)

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council discussion, debate, direction to staff, and/or action.
4) Resolution 2026-007 adopting a Memorandum of Understanding (MOU) between the City of Carmel-by-the-Sea and the Carmel Police Officers Association (POA) for the period of July 1, 2025 through June 30, 2027 authorizing the City Administrator to execute the MOU, and adopting the classifications salary plan (Estimated time - 10 min)
5) Consider adoption of Resolution 2026-008 adopting a Roofing Materials Policy regarding roofing materials, including but not limited to metal roofs (Estimated time - 40 min)
6) Receive an update on the Design Traditions 1.5 Project, and provide feedback and direction to staff (Estimated time - 90 min) RECESS
The City Council will take a 30-minute break around 6:30 p.m.

FUTURE AGENDA ITEMS

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

CORRESPONDENCE RECEIVED AFTER THE POSTING OF THE AGENDA Any correspondence or supplemental materials related to items on this agenda that are

received after the agenda has been posted will be distributed to the City Council and made available for public review at City Hall (Monte Verde Street between Ocean and Seventh Avenues) during regular business hours. Written comments emailed to the City Clerk will not be read aloud, but will be posted online with the related agenda at: https://carmelbytheseaca.portal.civicclerk.com/.

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

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
January 13, 2026
CONSENT AGENDA (Estimated time - 5 min)
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Second Reading and Adoption of Ordinance 2025-005 Adding Chapter 12.50 to the City Municipal Code Prohibiting Playing Pickleball and Other Paddle Sports in Forest Hill Park; and consideration of related CEQA exemptions (i.e., Common Sense Exemption [CEQA Guidelines § 15061(b)(3)] and Class 1 Existing Facilities Categorical Exemption [CEQA Guidelines § 15301]) RECOMMENDATION:

Motion to adopt Ordinance 2025-005 Adding Chapter 12.50 to the City Municipal Code Prohibiting Playing Pickleball and Other Paddle Sports in Forest Hill Park.

BACKGROUND / SUMMARY:

On December 2, 2025, the City Council conducted the first reading and introduction of Ordinance No. 2025-005, which would add Chapter 12.50 to the Carmel-by-the-Sea Municipal Code to prohibit the playing of pickleball and other paddle sports at Forest Hill Park (Attachment 1). Following the first reading, the City Council directed that the ordinance be advanced to a second reading and adoption.

The staff report for the December 2, 2025 meeting is available online at the following link: https://carmelbytheseaca.portal.civicclerk.com/event/639/files/report/328 If adopted, Ordinance No. 2025-005 would add Chapter 12.50 to the Carmel-by-theSea Municipal Code prohibiting the playing of pickleball and other paddle sports at Forest Hill Park. The ordinance would become effective 30 days after adoption.

Urgency Ordinance No. 2025-004, which currently prohibits pickleball at Forest Hill Park, will remain in effect until Ordinance No. 2025-005 becomes operative.

CEQA
The attached Ordinance is exempt from the California Environmental Quality Act (CEQA) under the California Code of Regulations, Title 14, Chapter 3 (“CEQA Guidelines”). Specifically, the Proposed Ordinance falls under the exemptions found in CEQA Guidelines Section 15061(b)(3), which is the common sense exemption that applies when it can been seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and/or Section 15301, which is the Class 1 Existing Facilities Categorical Exemption that applies when the activity in question consists of the minor alteration of existing public facilities involving negligible or no expansion of existing or former use. The common sense exemption applies here because under the Ordinance, pickleball use at Forrest Hill Park would be prohibited, so the noise and other impacts associated with pickleball will no longer occur. Similarly, the Class 1 Existing Facilities Categorical Exemption also applies because it can also be seen with certainty that prohibiting pickleball at Forest Hill Park will involve no expansion of existing or former use as, in fact, the Ordinance would preclude the playing of pickleball at Forest Hill Park.

FISCAL IMPACT:

No direct fiscal impact for this action.

PRIOR CITY COUNCIL ACTION:

October 7, 2025 - Adoption of Urgency Ordinance No. 2025-004 Prohibiting Pickleball At Forest Hill Park Pending Study by the City of Sound Attenuation Options.

December 2, 2025 - First Reading and Introduction of Ordinance 2025-005 Adding Chapter 12.50 to the City Municipal Code Prohibiting Playing Pickleball and Other Paddle Sports in Forest Hill Park.

ATTACHMENTS:

1. Ordinance 2025-005 - Adding Chapter 12.50 to CMC Prohibiting Playing Pickleball in Forest Hill Park

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2025-005

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADDING CHAPTER 12.50 TO THE CITY MUNICIPAL CODE PROHIBITING PLAYING PICKLEBALL

AND OTHER PADDLE SPORTS IN FOREST HILL PARK
WHEREAS, on October 7, 2025, the City Council adopted Urgency Ordinance No. 2025- 004 prohibiting the playing of pickleball at Forest Hill Park unless and until the City takes action in the future to allow the playing of pickleball at Forest Hill Park; and WHEREAS, on November 4, 2025, the City Council gave direction to return to the Council on December 2, 2025 with a codified regular ordinance prohibiting the playing of pickleball at Forest Hill Park; and
WHEREAS, the City Council finds that this Ordinance is necessary to promote public health, safety and welfare by reducing the noise impacts to residents in the vicinity of Forest Hill Park.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council of the City of Carmel-by-the-Sea incorporates the Recitals above by reference as though fully set forth here.

SECTION 2. Codification. This Ordinance shall be codified in the City of Carmel-by-the-Sea Municipal Code in Chapter 12.50 as set forth in Exhibit A attached hereto.

SECTION 3. CEQA/Environmental Findings. This Ordinance is exempt from the California Environmental Quality Act (CEQA) under the California Code of Regulations, Title 14, Chapter 3 (“CEQA Guidelines”) based on CEQA Guidelines Section 15061(b)(3), which is the common sense exemption that applies when it can been seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or CEQA Guidelines Section 15301, which is the Class 1 Existing Facilities Categorical Exemption that applies when the activity in question consists of the minor alteration of existing public facilities involving negligible or no expansion of existing or former use.

SECTION 4. Enforcement. Violations of the provisions of Chapter 12.50 shall be subject to enforcement by the City pursuant to the provisions of City Municipal Code Chapter 1.16 General Penalty and/or Chapter 18.04 Municipal Code and Ordinance Enforcement.

SECTION 5. Authorization of City Administrator. The City Administrator and his/her designee(s) are hereby authorized to take all necessary action to implement and enforce this Ordinance.

ATTACHMENT 1

SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ur Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance will take effect thirty (30) days after adoption by the City Council.

SECTION 8. Urgency Ordinance No. 2025-004. Urgency Ordinance No. 2025-004 shall remain in effect until the Effective Date of this Ordinance regarding the use of courts at Forest Hill Park for pickleball and shall thereafter be deemed rescinded.

SECTION 9. Publication. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

INTRODUCED at a Regular City Council Meeting on December 2, 2025.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BY-THE-SEA this 13th day of January 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________________ _________________________________ Dale Byrne, Mayor Nova Romero, MMC, City Clerk
ATTACHMENT 1

EXHIBIT A
Chapter 12.50 is hereby added to Title 12 Streets, Sidewalks and Public Places, of the City of Carmel-by-the-Sea Municipal Code to read as follows:

CHAPTER 12.50 PICKLEBALL AND OTHER PADDLE SPORTS PROHIBITED IN FOREST

HILL PARK

12.50.010 Prohibition. Playing of pickleball and other paddle sports in Forest Hill Park is hereby prohibited. This prohibition does not apply to playing tennis in Forest Hill Park.

12.50.020 Enforcement. Violations of the provisions of Chapter 12.50 shall be subject to enforcement by the City pursuant to the provisions of City Municipal Code Chapter 1.16 General Penalty and/or Chapter 18.04 Municipal Code and Ordinance Enforcement.

12.50.030 Signs. There shall be signs posted at the Forest Hill Park providing notice of the provisions of Section 12.50.010 through 12.50.020.

ATTACHMENT 1

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
January 13, 2026
CONSENT AGENDA (Estimated time - 5 min)
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Second reading and Adoption of Ordinance 2025-006 amending City of Carmel-by-the-Sea Municipal Code Section 15.55.100 for address identification pursuant to the California Building Standards Codes.

RECOMMENDATION:

Motion to adopt Ordinance 2025-006 amending Carmel-by-the-Sea Municipal Code Section 15.55.100 for address identification pursuant to the California Building Standards Codes.

BACKGROUND / SUMMARY:

On October 7, 2025, the City Council adopted Resolution 2025-087, directing staff to return to the City Council with a comprehensive Street Address Program that includes a process to begin implementation of an address identification system and an Ordinance amending Carmel-by-the-Sea Municipal Code Section 15.55.100. Staff from the Administration Department, Community Planning and Building Department, and community members have worked diligently to build upon the prototype Addressing System introduced at the Street Addresses Community Workshops (August and September 2025) and subsequently introduced to the City Council at the October 7, 2025, meeting. Staff provided a brief update on the development of the Street Address Program and the estimated timeline for implementation during the December 2nd meeting, and the staff report is available online here:
https://carmelbytheseaca.portal.civicclerk.com/event/639/files/report/330

PROPOSED ORDINANCE

California Building Code set forth in the California Code of Regulations Title 24, Part 2, Section 502.1 reads as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.

Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means Attachment 1 is Ordinance 2025-006 Amending City of Carmel-by-the-Sea Municipal Code Section 15.55.100 for Address Identification Pursuant to the California Building Standards Codes.

If adopted, the attached Ordinance would amend City Municipal Code Section

15.55.100, subsection (16) by replacing the first sentence which provides for a description of Parcel location relative to the nearest cross-street intersection with the following:
“Buildings and parcels shall be identified by the address identification requirements of the California Building Standards Code.”
The proposed Ordinance would amend the Municipal Code to be in compliance with the requirements in the address identification provisions of the California Building Standards Code.

This Ordinance shall take effect 30 days after its adoption by the City Council, or upon the adoption of a Resolution by the City Council confirming that the City has implemented an address identification system which is consistent with the requirements of the California Building Standards Code whichever is later. In other words, this Ordinance will not be effective until such a time that the Council has approved an official address identification system.

CEQA
The Ordinance is exempt from the California Environmental Quality Act (CEQA) under the California Code of Regulations, Title 14, Chapter 3 (“CEQA Guidelines”).

Specifically, the Proposed Ordinance falls squarely under the categorical exemptions found in CEQA Guidelines Section 15301 (Class 1, Minor Alterations to Existing Facilities) and Section 15304 (Class 4, Minor Alterations to Land), and the Proposed Ordinance is also exempt from CEQA pursuant to the common sense exemption in

CEQA Guidelines Section 15061(b)(3). The common sense exemption and the Class 1 Minor Alterations to Existing Facilities categorical exemption both apply here because under the Proposed Ordinance the only potential physical change to the environment will be the posting of address numbers on existing buildings, with no expansion whatsoever of existing or former land uses and no change to the existing mail delivery system and thus it can be seen with certainty that there is no possibility that the Ordinance may have a significant impact on the environment. The Class 4 Minor Alterations to Land categorical exemption also applies because, even for those buildings where access is by means of a private road and/or the building cannot be viewed from the public way, the required address numbers will be posted on a monument, pole or other small sign which at most will entail minor alterations to land/vegetation and will not involve the removal of healthy, mature, scenic trees.

FISCAL IMPACT:

No fiscal impact for this agenda item. The fiscal impact for the Street Address Program will be included when the full Program is presented to the City Council.

PRIOR CITY COUNCIL ACTION:

December 2, 2025 - First Reading and Introduction of Ordinance 2025-006 amending City of Carmel-by-the-Sea Municipal Code Section 15.55.100 for address identification pursuant to the California Building Standards Codes.

ATTACHMENTS:

1. Ordinance No. 2025-006

IRV #4865-6302-6227 v1
07904-0027

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2025-006

AN ORDINANCE AMENDING CITY OF CARMEL-BY-THE-SEA MUNICIPAL CODE SECTION

15.55.100 FOR ADDRESS IDENTIFICATION PURSUANT TO THE CALIFORNIA BUILDING

STANDARDS CODES
WHEREAS, Section 15.55.100 of the City of Carmel-by-the-Sea Municipal Code (“CMC”) begins as follows:
“15.55.100 Amendments to the California Fire Code.

The 2022 California Fire Code is amended and changed as follows as described in subsections (1) through (37) of this section.”
WHEREAS, Section 15.55.100 subsection (16) of the CMC currently reads as follows:
“16. Section 505.1 is amended to read as follows:
505.1 Address identification. Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department. For multi-tenant buildings, unit identifiers shall be provided as follows:

1. Multi-family dwelling units (apartments, condominiums) – shall be designated using alphabetic characters (i.e. A, B, C…). When the building contains multiple floors, the floor number shall precede the alphabetic unit designator (i.e. 1-A, 2-B, etc.)

2. Non-residential, multi-tenant buildings – individual tenant spaces shall be assigned numeric identification (i.e. 1, 2, 3, etc.) When the building contains multiple floors, the floor number shall precede the numeric unit designator and shall be separated by the number “0” (i.e. first floor units: 10x; second floor units: 20x).

3. Mixed Use buildings – Residential units shall be designated as described in 1 above.

Nonresidential units shall be designated as described in 2.” WHEREAS, the California Building Code set forth in the California Code of Regulations Title 24, Part 2, Section 502.1 reads as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a ATTACHMENT 1

Ordinance No. 2025-006

monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.”

WHEREAS, the California Residential Code set forth in California Code of Regulations Title 24, Part 2.5, Section R319.1 reads as follows:
“SECTION R319 SITE ADDRESS
R319.1 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.”
WHEREAS, the California Fire Code set forth in the California Code of Regulations Title 24, Part 9, Section 505.1 reads as follows:
“PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.”
WHEREAS, Health and Safety Code Section 18941.5 (b) reads as follows:
§ 18941.5. Amendments, additions, deletions to standards; effective date; publication date; more restrictive standards
. . .
“(b) Neither the State Building Standards Law contained in this part, nor the application of building standards contained in this section, shall limit the authority of a city, county, or city and county to establish more restrictive building standards, including, but not limited to, green building standards, reasonably necessary because of local climatic, geological, or topographical conditions. The governing body shall make the finding required by Section 17958.7 and the other requirements imposed by Section 17958.7 shall apply to that finding. Nothing in this section shall limit the authority of fire ATTACHMENT 1

Ordinance No. 2025-006

protection districts pursuant to subdivision (a) of Section 13869.7. Further, nothing in this section shall require findings required by Section 17958.7 beyond those currently required for more restrictive building standards related to housing.” (Emphasis added) WHEREAS, Health and Safety Code Section 18941.5 (b), authorizes a city to amend the California Building Code and the California Residential Code and the California Fire Code (“California Building Standards Code”) when the amendment establishes more restrictive building standards, including, but not limited to, green building standards, reasonably necessary because of local climatic, geological, or topographical conditions.

WHEREAS, address identification in Buildings and parcels by a description of Parcel location relative to the nearest cross-street intersection is not more restrictive than the address identification requirements of the California Building Standards Code.

WHEREAS, address identification in Buildings and parcels by a description of Parcel location relative to the nearest cross-street intersection is not reasonably necessary because of local climatic, geological, or topographical conditions.

WHEREAS, the California Building Standards Code, as laws of the State of California, preempt local laws which are in conflict with the requirements of the California Building Standard Code.

WHEREAS, CMC Section 15.55.100 subsection (16) on address identification by a description of Parcel location relative to the nearest cross-street intersection is in conflict with the address identification requirements of the California Building Standards Code.

WHEREAS, the City has received confirmation from USPS that implementing a street address system will not require mail delivery service and that the Post Office in the City will not close.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City of Carmel-by-the-Sea does hereby find that the above referenced Recitals are true and correct and are hereby incorporated by this reference as though set forth in full.

SECTION 2. Existing Code. The first sentence of Section 15.55.100 subsection (16) of the City of Carmel-by-the-Sea Municipal Code currently reads as follows:
“Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department.”
SECTION 3. Amendment. Section 15.55.100 subsection (16) of the City of Carmel-bythe-Sea Municipal Code is hereby amended such that the first sentence thereof shall be deleted and replaced with the following sentence:
“Buildings and parcels shall be identified by the address identification requirements of the California Building Standards Code.”
ATTACHMENT 1

Ordinance No. 2025-006

SECTION 4. CEQA Findings. As demonstrated in the Staff Report and other documents in the record for this matter, this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000, et seq.), pursuant to the Class 1 (Minor Alterations to Existing Facilities) and Class 4 (Minor Alterations to Land) categorical exemptions in CEQA Guidelines Sections 15301 and 15304, respectively, and this Ordinance is also exempt from CEQA pursuant to the common sense exemption in CEQA Guidelines Section 15061 because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 5. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea or upon the adoption of a Resolution by the City Council confirming that the City has implemented an address identification system which is consistent with the requirements of the California Building Standards Code whichever is later.

INTRODUCED at a Regular City Council Meeting on December 2, 2025.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ____day of __________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

_________________________ _________________________
Dale Byrne Nova Romero, MMC
Mayor City Clerk
ATTACHMENT 1

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
January 13, 2026

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jermel Laurie, Building Official
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: First reading and Introduction of Ordinance No. 2026-001 amending Carmel-by-the-Sea Municipal Code Title 15 (Buildings and Construction) by adopting the 2025 editions of the California Administrative Code, California Building Code (CBC) and appendices, California Residential Code CRC), California Energy Code (CEnC), California Fire Code (CFC), California Mechanical Code (CMC), California Plumbing Code (CPC), California
Electrical Code (CEC), California Green Building Standards Code (CGBSC), Historic Building Code (HBC), Existing Building Code (EBC) and Wildland-Urban Interface Code (WUI) and 2024
International Property Maintenance Codes (IPMC) with local amendments (Estimated time - 15 min)
RECOMMENDATION:

Staff recommends that the City Council:

1. Request the City Attorney read the title of Ordinance No. 2026-001; and

2. Motion to waive further reading and introduce Ordinance No. 2026-001 amending Carmel-by-the-Sea Municipal Code Title 15 (Buildings and Construction) and adopting the 2025 editions of the California Administrative Code, California Building Code (CBC) and appendices, California Residential Code CRC), California Energy Code (CEnC), California Fire Code (CFC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California Green Building Standards Code (CGBSC), Historic Building Code (HBC), Existing Building Code (EBC) and Wildland-Urban Interface Code (WUI) and 2024 International Property Maintenance Codes

(IPMC) with local amendments.

BACKGROUND / SUMMARY:

The State of California, Building Standards Commission (CBSC or Commission), under California Code of Regulations (CCR) Title 24, establishes the minimum standards for building construction, fire safety and prevention, and public health and safety in the built environment throughout the state. The CBSC updates the Title 24 codes on a triennial cycle, with periodic updates as deemed necessary by the Commission between triennial updates. The CBSC has adopted the 2025 edition of the California Building, Residential, Fire, Electrical, Plumbing, Mechanical, Green Building, Energy, WildlandUrban Interface, Historic Building and Existing Building codes effective January 1, 2026. Local jurisdictions are required to begin enforcing the updated codes on that same date.

The most significant changes to the 2025 codes are the formatting and reorganization.

The Wildland Urban Interface (WUI) Code, which was previously identified in separate chapters of the codes, has now been consolidated into one book identified as part 7 of Title 24 – California Code of Regulations.

The amendments to the fire code are standard and typical of amendments to previous code cycles. The amendments are intended to bring uniformity and consistency with the county codes and surrounding jurisdictions. The most significant fire code amendment revises the previously amended code regarding address identification in response to the recently adopted resolution regarding numbered addressing.

The proposed Ordinance will adopt the codes enumerated in CCR Title 24 as required by the CBSC with local amendments addressing unique conditions and circumstances in the City of Carmel-by-the-Sea as described in the Ordinance in accordance with CBSC requirements. See Attachment 2 for the redlined draft ordinance and Attachment 1 for the clean version.

ENVIRONMENTAL REVIEW:

As summarized above, the draft ordinance is intended to adopt the updated codes contained in CCR Title 24. The reading of the ordinance title is not considered a project under CEQA as defined in Public Resources Code Section 21065 and CEQA Guidelines Section 15378 as it does not approve a project, result in a physical impact to the environment or contemplate future known projects.

FISCAL IMPACT:

Fiscal impacts of this action on the City of Carmel-by-the-Sea will be minimal. No new revenues are anticipated as a result of this update, and no new resources are required to implement it.

PRIOR CITY COUNCIL ACTION:

The City Council approved updating Title 15 most recently in 2022 (Ord. 2022-004).

ATTACHMENTS:

1. Attachment 1 - 2025 Draft Code Update_CLEAN

2. Attachment 2 - 2025 Draft Code Update_REDLINE

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2026-001
AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING CARMELBY-THE-SEA MUNICIPAL CODE TITLE 15 (BUILDINGS AND CONSTRUCTION) BY ADOPTING THE 2025 EDITIONS OF THE CALIFORNIA ADMINISTRATIVE CODE (CAC),

CALIFORNIA BUILDING CODE (CBC) AND APPENDICES, CALIFORNIA RESIDENTIAL

CODE CRC), CALIFORNIA ENERGY CODE (CENC), CALIFORNIA FIRE CODE (CFC),

CALIFORNIA MECHANICAL CODE (CMC), CALIFORNIA PLUMBING CODE (CPC),

CALIFORNIA ELECTRICAL CODE (CEC), CALIFORNIA GREEN BUILDING STANDARDS

CODE (CGBSC), HISTORIC BUILDING CODE (HBC), EXISTING BUILDING CODE (EBC) AND WILDLAND-URBAN INTERFACE CODE (WUI) AND 2024 INTERNATIONAL PROPERTY

MAINTENANCE CODES (IPMC) WITH LOCAL AMENDMENTS
WHEREAS, to remain compliant with California Building Standards Commission (CBSC) Title 24, it necessary to amend Title 15 of the Carmel-by-the-Sea Municipal Code by adopting the 2025 editions of the California Administrative Code, California Building Code (CBC) and appendices, California Residential Code CRC), California Energy Code (CEnC), California Fire Code (CFC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California Green Building Standards Code (CGBSC), Historic Building Code (HBC), Existing Building Code (EBC) and Wildland-Urban Interface Code (WUI) and 2024 International Property Maintenance Codes (IPMC) with local amendments.

SECTION 1. CEQA Review. Pursuant to CEQA section 15378(b)(5), adoption of the building code is an administrative activity of local government that will have no direct or reasonably foreseeable indirect physical change on the environment and therefore is not considered a project requiring compliance with the California Environmental Quality Act (Section 21065 of the California Public Resources Code).

SECTION 2. Amendment of Title 15. The following Sections of Title 15 of the Carmel-bythe-Sea Municipal Code are amended to read as set forth in Exhibit A attached hereto and hereby incorporated by this reference.

SECTION 3. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining sections, subsections, provisions, sentences, clauses, phrases or words of this Ordinance.

Ordinance No. 2026-001

SECTION 4. Effective Date. This ordinance is effective thirty (30) days after its adoption.

SECTION 5. Codification. The City Clerk is hereby authorized and directed to codify the provisions of Exhibit A of this Ordinance into the Carmel-by-the-Sea Municipal Code.

INTRODUCED at a Regular City Council Meeting on January 13, 2026.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this ____day of _________________ 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
____________________________ ___________________________ Dale Byrne, Mayor Nova Romero, MMC, City Clerk
Exhibit A – Amendments to CMC Title 15

Ordinance No. 2026-001

Exhibit “A” to City of Carmel-by-the-Sea Ordinance 2026-001 Chapter 15 of the Carmel Municipal Code is hereby amended as follows:

1. Title 15 is amended as follows:

Chapter 15.08 Building Code

15.08.010 Adoption.

Except as otherwise amended by this chapter and Chapter 15.04 of this City Code, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:

A. 2025 California Building Code and Appendices;
B. 2025 California Historic Building Code;
C. 2025 California Existing Building Code;
D. 2025 California Residential Code;
E. 2025 California Plumbing Code;
F. 2025 California Electric Code;
G. 2025 California Mechanical Code;
H. 2025 California Green Building Standards Code;
I. 2025 California Fire Code;
J. 2024 International Property Maintenance Code;
K. 2025 California Energy Code; and
L. 2025 California Wildland-Urban Interface Code.

The Very High Fire Hazard Severity Zone Map, as transmitted to the City on March 10, 2025, by the Department of Forestry and Fire Protection, is also adopted as required by law. (Ord. 2025- 002, Ord. 2022-04 § 1 (Exh. A), 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013;

Ordinance No. 2026-001

Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.08.260 Exemption for Pending Applications.

The provisions of the 2025 Editions of the California Building Code, and Appendices, the 2025 California Historic Building Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Electrical Code, the 2025 California Fire Code, the 2024 International Property Maintenance Code, the 2025 Existing Building Code, the 2025 California Energy Code, and 2025 Wildland-Urban Interface Code as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1,2026. Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application.

15.10 Residential Code
Sections

15.10.010 Adoption.

The 2025 California Residential Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the residential code for the City except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2022-04 § 1 (Exh. A), 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003- 03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.10.020 Very High Fire Hazard Severity Zone Adopted
The Very High Fire Hazard Severity Zone Map, as transmitted to the City on March 10, 2025, by the Department of Forestry and Fire Protection, is also adopted as required by law.

15.10.030 Amendments to the 2025 California Residential Code.

1. Table R301.2 is amended to read as follows:

2. Section R403.1.3 of the 2025 California Residential Code is hereby amended to read as follows:

Footing and stem wall reinforcement in Seismic Design Categories D0, D1 and D2. Concrete footings located in Seismic Design Categories D0, D1, and D2, as established in Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) ATTACHMENT 1
Ordinance No. 2026-001

footings located in Seismic Design Categories D0, D1, and D2, as established in Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing. Reinforcement shall be installed with support and cover in accordance with Section R403.1.3.5.

Chapter 15.20 Mechanical Code
Sections

15.20.010 Adoption
The 2025 California Mechanical Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the mechanical code for the City, except as amended in this chapter and Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2022-04 § 1 (Exh. A), 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh.

B), 1999; Ord. 96-1 § 1, 1996; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1131.0).

Chapter 15.24 Plumbing Code
Sections

15.24.010 Adoption
The 2025 California Plumbing Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the plumbing code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2022-04 § 1 (Exh. A), 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1141.0).

Chapter 15.36 California Electrical Code
Sections

15.36.010 Adoption
The 2025 California Electrical Code, based on the National Electric Code, as promulgated by the National Fire Protection Association, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the electrical code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2022-04 § 1 (Exh. A), 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh.

B), 1999; Ord. 96-1 § 1, 1996; Ord. 91-1 § 1, 1991; Code 1975 § 1161.0).

Chapter 15.55 California Fire Code
Sections

15.55.010 2025California Fire Code – Adopted

15.55.020 Fire Code – Effective Date – Copy on File

15.55.030 Definitions

15.55.040 Establishment of Limits in Which Storage of Flammable or Combustible Liquids

Ordinance No. 2026-001

in Outside Aboveground Tanks Is Prohibited.

15.55.050 Establishment of Limits in Which Storage of Liquefied Petroleum Gases is Prohibited.

15.55.060 Establishment of Limits in Which Storage of Explosives and Blasting Agents is Prohibited.

15.55.070 Establishment of Limits in Which Storage of Stationary Tanks or Flammable Cryogenic Fluids is Prohibited.

15.55.080 Establishment of Limits in Which Storage of Hazardous Materials is Prohibited.

15.55.090 Fireworks Prohibited.

15.55.100 Amendments to the California Fire Code

15.55.110 Repeal of Conflicting Ordinances

15.55.120 Validity
*Prior legislation: Code 1975§§720.0 – 725.0, 726.0, 726.1, 730.0 – 730.0 (o), Ords. 325 C.S., 77-2, 79-21, 82-11, 83-25, 85-21, 86-17, 87-11, 89-24, and 95-15.

15.55.010 2025 California Fire Code – Adopted
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2025 California Fire Code (2024 International Fire Code), published by the International Code Council, save and except those portions as are deleted, modified, or amended, of which code not less than one copy is now on file in the office of the City Clerk, is adopted and incorporated in the municipal code as if set out at length in this code, and the provisions thereof shall be controlling within the limits of this City. (Ord. 2022-04 § 1 (Exh. A), 2018-03 § 1 (Exh. A § 4), 2018).

15.55.020 Fire Code – Effective Date – Copy on File
The effective date for the 2025 California Fire Code adopted by CMC 15.55.010 within the City shall be January 1,2026. The City Clerk shall maintain on file in the official records the edition of the California Fire Code currently in effect at all times. (Ord. 2022-04 §1 (Exh. A), 2018-03 § 1 (Exh. A § 4), 2018).

15.55.030 Definitions
Whenever the word “jurisdiction” is used in the California Fire Code, it shall be held to mean the City of Carmel-by-the-Sea. Whenever the term “fire code official” is used in the California Fire Code, it shall be held to mean the Fire Chief of the City of Carmel-by-the-Sea Fire Department. (Ord. 2022-04 § 1 (Exh. A) 2018-03 § 1 (Exh. A § 4), 2018).

15.55.100 Amendments to the California Fire Code
The 2025 California Fire Code is amended and changed as follows as described in subsections (1) through (58) of this section.

1. Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Carmel-by-theSea, hereinafter referred to as “Fire Code.”

Ordinance No. 2026-001

2. Section 101.2.1 is amended to read as follows:
101.2.1 Appendices. Provisions in all appendices to the 2025 California Fire Code are hereby adopted in their entirety and shall apply.

3. Section 102.1 is amended to read as follows:
102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:

1. Structures, facilities and conditions arising after the adoption of this code.

2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.

3. Existing structures, facilities and conditions when identified in specific sections of this code.

4. Existing structures, facilities and conditions, which, in the opinion of the fire code official, constitute a distinct hazard to life and property.

5. Existing Structures Alterations, Additions and Repairs. a. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter.
b. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent (50%) or greater of the linear length of walls of the building (exterior plus interior ,including but not limited to gypsum board, wall board, board and batten, siding, or stucco) independently or in combination thereof, within a five-year period, the entire building shall be made to conform to the current provisions of this Chapter.
c. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans. d. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.

4. Repealed by Ord. 2020-01.

5. Section 103 of the CFC is amended to add Sections 103.4 , and 103.5 to read as follows:
103.4 Responsibility for enforcement.

Within established fire protection jurisdictions, responsibility for enforcement of this Code shall be under the direction of the Fire Chief or designee within each jurisdiction. 103.5 Police powers. The Fire Code Official and his deputies shall have the powers of police officers in performing their duties under this Code. When requested to do so by the Fire Code

Ordinance No. 2026-001

Official, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the Fire Code Official in enforcing the provisions of this Code.

6. Section 105.5.0 is added to read as follows:
105.6.1.5 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.

7. Section 105.6.6 is amended to read as follows:
105.7.7 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related systems, including systems installed in Group R-3 occupancies (one- and two-family homes).

Maintenance performed in accordance with this code is not considered a modification and may not require a permit as determined by the fire code official.

8. Section 113.4 of the CFC is deleted in its entirety and replaced with the following:
113.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this Code, shall be guilty of an infraction, punishable by a fine in conformance with the Authority Having Jurisdiction and/or as specified in section 1.11.2.1.3.

9. Repealed by Ord. 2022-04.

9.5. Deleted

10. Repealed by Ord. 2022-04.

10.4. Deleted.

10.6. Repealed by Ord. 2022-04.

11. Section 307.1.1 is deleted in its entirety and replaced with the following:
307.1.1 Prohibited open burning. Open burning shall be prohibited, including outdoor rubbish fires and bonfires, unless:

1. The fire is confined to an approved container as defined by the Uniform Mechanical Code and authorized by the Monterey Bay Air Pollution Control District.

2. A special condition or circumstance exists, and written authorization is granted by the Fire Chief.

12. Section 503.2.6.1 is added to read as follows:
503.2.6.1 Private bridge engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:
a. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.
b. The unobstructed vertical clearance shall be not less than 15 feet clear.

Ordinance No. 2026-001

c. The width shall be a minimum of 20 feet clear. The fire code official may require additional width when the traffic flow may be restricted or reduce the width to a minimum of 12 feet for Occupancy Group U or R-3 occupancies. d. The maximum grade change of the approach to and from any private bridge shall not exceed 8% for a minimum distance of 10 feet.

13. Section 503.2.6.2 is added to read as follows:
503.2.6.2 Private bridge certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. Certification that the bridge complies with the design standards required by this code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the fire code official. Every private bridge, including existing and those constructed under this code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official. Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner’s expense.

14. Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than 15% unless specifically approved by the fire code official.

15. Section 503.2.7.1 is added to read as follows:
503.2.7.1 Paving. All fire apparatus access roads over eight percent (8%) shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen percent (15%) where approved shall be paved with perpendicularly grooved concrete.

16. Section 503.7 is added to read as follows:
503.7 Fire apparatus access roads. All fire apparatus access road names shall be issued by the City of Carmel-by-the-Sea.

17. Section 505.1 is amended to read as follows:
505.1 Address Identification. New and existing buildings shall be provided with an approved address identification. The address identification shall be legible and placed in a position that is visible at all times from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4” high with a minimum width stroke of one-half inch for single family dwellings and duplexes. For all other occupancies each character shall be not less than a minimum of 4” high with a minimum stroke of one-half inch unless otherwise required by the Fire Code Official.

18. Section 507.5.2 is amended to read as follows:
507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective.

Additions, repairs, alterations and servicing shall comply with approved standards. When required by the fire code official, hydrants shall be painted in accordance with the most current edition of NFPA 291.

Ordinance No. 2026-001

19. Section 605.3.1 is added to read as follows:
605.3.1 Spark arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, solid-fuel burning fire pits, or similar devices where the burning of solid fuel conveys smoke, embers and hot gases to the outer air. 605.3.1.2. Spark arrestors shall have openings in accordance with Section 2113.9.2(3) of the California Building Code and Section 1003.9.2 of the California Residential Code with minimum openings of 3/8” and maximum openings of ½”.

20. Section 901.1 of the CFC is amended to add Section 901.1.1 to read as follows:
901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this Code.

21. Section 901.2 of the CFC is amended to add Section 901.2.2 to read as follows:
901.2.2 Additional documentation. Additional documentation as required by the Fire Code Official shall be provided to the Fire Code Official in an acceptable format.

22. Section 901.4 of the CFC is amended in its entirety and replaced with the following:
901.4 Fire Protection and Life Safety Systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to.

Alterations to fire protection systems shall be done in accordance with applicable standards. 901.4.8 Nonoperational Equipment. Any non-required fire protection equipment that is no longer in service shall be removed.

23. Section 901.6 of the CFC is amended to add Section 901.6.4 and 901.6.5 to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed by the California Contractors State License Board in accordance with the California Business & Professions Code or by the California State Fire Marshal.
901.6.5 Additional records. All documentation generated during any scheduled inspection or test of any fire protection system, whether required or voluntarily installed, shall be forwarded to the Fire Code Official within fifteen (15) calendar days after the date of the inspection or test.

24. Section 901.7.7 of the CFC is added to read as follows:
901.7.7 Unless otherwise approved by the Fire Code Official, fire watch personnel shall be California licensed private security individuals with a minimum of two (2) individuals on duty at all times. Fire watch personnel shall be on duty 24 hours per day until the fire protection system has been returned to service.

25. Section 903.2 of the CFC is deleted in its entirety and replaced with the following:
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction.

Ordinance No. 2026-001

EXCEPTIONS:
(1) Structures not classified as Group R occupancies and not more than five hundred (500) square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code and the CBC, located at least one hundred feet (100) from any other structure or the property line, whichever is closer, and with a maximum size of 10,000 square feet.
(3) Accessory structures not classified as R occupancies associated with existing nonsprinklered R-3 occupancies (one- or two-family dwellings) and less than one thousand five hundred (1500) square feet in total fire area with a clearance from the existing R-3 occupancy of not less than twenty (20) feet.

26. Sections 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.3, 903.2.4, 903.2.4.1, 903.7.1, 903.7.3, 903.2.9, 903.2.9.1 and 903.2.9.2 of the CFC are amended as follows:

The following Sections are amended by changing requirements to five hundred (500) square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):
903.2.1.1 Group A-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.2 Group A-2. Change five thousand (5,000) square feet to five hundred (500) square feet.
903.2.1.3 Group A-3. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.4 Group A-4. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.5 Group A-5. Change one thousand (1,000) square feet to five hundred (500) square feet.
903.2.3 Group E. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.4 Group F-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.4.1 Group F-1. Change two thousand five hundred (2,500) square feet for woodworking operations to five hundred (500) square feet.
903.2.7.1 Group M. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.7.3 Group M. Change twenty-four thousand (24,000) square feet to five hundred (500) square feet.
903.2.9 Group S-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.

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903.2.9.1 Repair Garages. Change ten thousand (10,000) square feet (2 story buildings) and twelve thousand (12,000) square feet (1 story buildings) to five hundred (500) square feet. 903.2.9.2 Bulk storage of tires. Change twenty thousand (20,000) cubic feet to five hundred (500) square feet.

27. Section 903.2.22 of the CFC is added to read as follows:
903.2.22 Change of use. Automatic fire sprinklers shall be installed when the occupancy changes from a single occupancy to a mixed-use occupancy which would require the installation of an occupancy separation, or when the occupancy changes from any type of occupancy to an Assembly use occupancy.

28. Section 903.2.8 of the CFC, first paragraph is deleted in its entirety and replaced with the following: Exceptions remain unchanged.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.
(Exceptions remain per 2025 California Fire Code)

29. Section 903.3.1.1.1 of the CFC is amended to add Section 903.1.1.1 Exemption 5 to read as follows:

5. Passenger elevator shafts or associated passenger elevator mechanical rooms, where elevator shafts are constructed with a 2–hour fire resistive method.

30. Section 903.3.1.1.2 of the CFC is amended to read as follows:

Section 903.3.1.1.2 Bathrooms. In Group R occupancies, sprinklers shall be required in bathrooms within individual dwelling units or sleeping units.

31. Sections 903.3.1.2, 903.3.1.2.1, 903,3.1.2.3, of the CFC are deleted in its entirety and replaced with the following:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in this Code.

32. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units where the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

33. 903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13.

34. Sections 903.3.1.2, is amended to add section 903.1.2.4, 903.3.1.2.5, 903.1.2.6 and 903.3.1.2.7 to read as follows:

Ordinance No. 2026-001

903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage.
903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.

35. Section 903.3.1.3 of the CFC is deleted in its entirety and replaced with the following:
903.3.1.3 NFPA 13D sprinkler systems. Automatic fire sprinkler systems installed in one and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. The requirements of this section supersede the requirements of the California Residential Code. 903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for two-hour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the Fire Code Official. 903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms and water closets, regardless of square footage.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and other accessory structures.
903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit. Where required by the Fire Code Official, interior audible notification appliances or additional water flow alarms may be required to be installed at locations specified by the Fire Code Official.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.
903.3.1.3.8 A backflow prevention device as approved by the water purveyor, the type and friction loss shall be included in the plans and calculations for fire flow. For retrofits to existing

Ordinance No. 2026-001

systems, the sprinkler system of the affected building(s) shall be recalculated and submitted to the Authority Having Jurisdiction for approval and issuance of the permit. 903.3.1.3.9 If there are any changes or modifications to the system of the approved plans, asbuilts shall be required, submitted to the Authority Having Jurisdiction and approved prior to rough inspection.

36. Section 903.3.10 of the CFC is deleted in its entirety and replaced with the following:
903.3.10 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height and shall be individually annunciated as approved by the Fire Code Official.

37. Section 903.4.2 of the CFC, first paragraph is deleted in its entirety and replaced with the following. Exceptions remain unchanged.
903.4.2 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72, or, when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system.

38. Section 903.4.3 of the CFC, first paragraph is deleted in its entirety and replaced with the following.
903.4.3 Alarms. One exterior approved audible appliance shall be connected to every automatic sprinkler system in an approved location. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by this section or Section 903.4.3.1. A minimum of one audible appliance shall be installed in all occupancies subject to this section. 903.4.3.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over one hundred (100) sprinklers, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at fifteen (15) dBa above average sound pressure level throughout the building. b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72. c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the Fire Code Official.

EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies.

39. Section 904.14.2 of the CFC is deleted in its entirety and replaced with the following. 904.14.2 System interconnection. The actuation of the fire extinguishing system shall automatically shut down power to the makeup air appliance and all fuel and electrical power located under the hood, except for the electrical power to the exhaust air supply. The fuel and electrical supply reset shall be manual.

Ordinance No. 2026-001

40. Section 904.14.5.2 of the CFC is deleted in its entirety and replaced with the following. 904.14.5.2 Extinguishing system service. Automatic fire extinguishing systems shall be serviced by a CSLB licensed C-16 contractor or a CSFM licensed “A” licensee at least every six months and after any activation of the system. Inspection shall be performed by the owner at least monthly in accordance with the currently adopted edition of NFPA 17-A. The service contractor shall review the records of monthly inspections every six months, and deficiencies shall be reported to the Fire Code Official. A service report shall be forwarded to the Fire Code Official by the licensed service contractor within 15 days after every service on the appropriate AES form.

41. Section 907 of the CFC is amended to add Section 907.1.6 to read as follows:
907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premise are not permitted.

42. Section 907.2 Exception 1 of the CFC is deleted in its entirety and replaced with the following.
907.2 Exception 1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control.

43. Section 907.6.4 of the CFC is amended to add Section 907.6.4.0 to read as follows:
907.6.4.0 Zone transmittal. Where required by the Fire Code Official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

44. Section 907.6.5 of the CFC is deleted in its entirety and replaced with the following:
907.6.5 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing.

45. Section 907.6.6 of the CFC is deleted in its entirety and replaced with the following:
907.6.6 Monitoring. Fire alarm systems, whether required by this Chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this Section.
(Exceptions remain unchanged)

46. Section 907.6.6 of the CFC is amended to add Section 907.6.6.0 to read as follows:
907.6.6.0 Means of communication. The use of either POTS or cable telephone lines with a digital alarm communicator transmitter shall not be permitted.

EXCEPTION. Where no other communications methods are available, the use of telephone lines shall be permitted to be used on a temporary basis not to exceed one year from the date of final acceptance test or until permitted alternate means of communications are available.

47. Section 907.7.2 of the CFC is deleted in its entirety and replaced with the following:
907.7.2 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:

1. A record of completion in accordance with NFPA 72.

2. A record of inspection and testing in accordance with NFPA 72.

Ordinance No. 2026-001

3. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100% tested in accordance with NFPA 72.

4. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the Fire Code Official.

48. Section 907.8.2 of the CFC is amended to add Section 907.8.2.1 to read as follows:
907.8.2.1 Testing of FACU Batteries. Batteries installed in the fire alarm control units and remote power supplies shall be verified for battery capacity based on the approved plans and battery calculations.

49. Section 1205.1 of the CFC is amended to add Section 1205.1.1 to read as follows:
1205.1.1 Signing and Marking. In addition to signing and marking requirements of the California Building Code and the California Residential Code, the following signing and marking is required:
1205.1.1.1 Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 1/2” in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather-resistant, durable plastic with engraved letters, or other approved material.
1205.1.1.2 Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller.

The label shall have contrasting color capital letters at least 3/8” in height and in a non—serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.
1205.1.1.3 Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the Fire Code Official shall be required indicating the location of the secondary power source shutoff switch.
1205.1.1.4 Installer Information. Signage acceptable to the Fire Code Official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the main disconnect.

50. Section 1205.2 of the CFC is amended to modify Section 1205.2.1, by deleting Exceptions 1 and 2 of the California Fire Code.

51. Section 1205.2 of the CFC is amended to add Section 1205.2.1.4 to read as follows:
1205.2.1.4 Hip and Valley Layout. Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley.

52. Section 1206 of the CFC is amended to add Section 1206.14 to read as follows:
1206.14 Where stationary fuel cell power systems are installed inside any structure, signage acceptable to the Fire Code Official shall be required indicating the location of the stationary fuel

Ordinance No. 2026-001

cell power system. Placarding shall be required to read “FUEL CELL” in block letters 6” high with a ¾” stroke on a contrasting background. The location of the signage shall be approved by the Fire Code Official.

53. Section 1207.4.1.1 is added to the CFC to read as follows:
1207.4.1.1 Energy storage systems (ESS) disconnect shall be located at or adjacent to the main electrical panel with appropriate placarding showing location of equipment and all shutdowns.

54. Section 1207 of the CFC is amended to add Section 1207.4.8-6 to read as follows:
1207.4.8-6 Where battery energy storage systems are installed inside any structure, signage acceptable to the Fire Code Official shall be required indicating the location of the battery energy storage system. Placarding shall be required to read “BESS” in block letters 6” high with a ¾” stroke on a contrasting background. The location of the signage shall be approved by the Fire Code Official.

55. Section 5601.1.3 is deleted in its entirety and replaced with the following:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited, including “Safe and Sane” fireworks, anywhere within the City limits.

EXCEPTION:

1. Except by duly issued permit for fireworks displays as authorized by the Fire Chief.

56. Section 5704.2.9.6.1 is amended to add Section 5704.2.9.6.1.0 to read as follows:
5704.2.9.6.1.0 Outdoor storage containers and portable tanks. Storage of Class 1 and Class II liquids in above ground tanks outside of buildings is prohibited within the limits established by law as the limits of the jurisdiction in which storage is prohibited except as permitted by the zoning ordinance.

EXCEPTIONS:

1. For marine fueling operations, a maximum of 2000 gallons of diesel fuel may be stored and dispensed from an above ground tank as approved by the Fire Chief.

2. Storage tanks of 500-gallons maximum capacity may be used only in conjunction with emergency generators as approved by the Fire Chief.

57. Section 6104.2 of the CFC is deleted in its entirety and replaced with the following:
6104.2 Maximum capacity within established limits. For the protection of heavily populated or congested areas, storage of liquified petroleum gas shall not exceed an aggregate capacity in any one mercantile occupancy of 200 gallons (757 L) or 40 5-gallon LPG tanks within the jurisdiction unless approved by the Fire Code Official.

EXCEPTION: In all other occupancy classifications, the capacity limit shall not exceed 10 5- gallon LPG containers or as determined by the Fire Code Official.

58. Section D103.2 of the CFC is deleted in its entirety and replaced with the following:

D103.2 Grade. Fire apparatus access roads shall not exceed fifteen (15) percent in grade with a maximum side slope of five (5) percent.

EXCEPTION: Grades steeper than fifteen (15) percent, if approved by the Fire Code Official, shall be paved with perpendicularly grooved concrete.

Ordinance No. 2026-001

(Ord. 2022-04 § 1 (Exh. A), 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018).

ATTACHMENT 2
City of Carmel-by-the-Sea Ordinance 2026-001 – Redline
Chapter 15 of the Carmel Municipal Code is hereby amended as follows:

1. Title 15 is amended as follows:

Chapter 15.08 Building Code

15.08.010 Adoption.

Except as otherwise amended by this chapter and Chapter 15.04 of this City Code, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:

A. 2022 2025 California Building Code and Appendices;
B. 2022 2025 California Historic Building Code;
C. 2022 2025 California Existing Building Code;
D. 2022 2025 California Residential Code;
E. 2022 2025 California Plumbing Code;
F. 2022 2025 California Electric Code;
G. 2022 2025 California Mechanical Code;
H. 2022 2025 California Green Building Standards Code;
I. 2022 2025 California Fire Code;
J. 2015 2024 International Property Maintenance Code;
K. 2022 2025 California Energy Code;
L. 2025 California Wildland-Urban Interface Code.

The Very High Fire Hazard Severity Zone Map, as transmitted to the City on November 18, 2008 March 10, 2025, by the Department of Forestry and Fire Protection, is also adopted as required by law. (Ord. 2022-04 § 1 (Exh. A), 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh.

A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code ATTACHMENT 2
(Redlined)

1975 § 1121.0).

15.08.260 Exemption for Pending Applications.

The provisions of the 2022 2025 Editions of the California Building Code, and Appendices, the 2022 2025 California Historic Building Code, the 2022 2025 California Mechanical Code, the 2022 2025 California Plumbing Code, the 2022 2025 California Electrical Code, the 2022 2025 California Fire Code, the 2015 2024 International Property Maintenance Code, the 2022 2025 Existing Building Code, and the 2022 2025 California Energy Code, and 2025 WildlandUrban Interface Code as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2023 2026.

Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application.

15.10 Residential Code
Sections

15.10.010 Adoption.

The 2022 2025 California Residential Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the residential code for the City except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2022-04 § 1 (Exh. A), 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.10.020 Very High Fire Hazard Severity Zone Adopted
The Very High Fire Hazard Severity Zone Map, as transmitted to the City on November 18, 2008 March 10, 2025, by the Department of Forestry and Fire Protection, is also adopted as required by law.

15.10.030 Amendments to the 2019 2025 California Residential Code.

Section R403.1.3 of the 2022 California Residential Code is hereby amended to read as follows:

1. Table R301.2(1) is amended to read as follows:

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ATTACHMENT 2
(Redlined)

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56.5 2. Section R403.1.3 of the 2025 California Residential Code is hereby amended to read as follows:

Footing and stem wall reinforcement in Seismic Design Categories D0, D1 and D2. Concrete footings located in Seismic Design Categories D0, D1, and D2, as established in Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing. Reinforcement shall be installed with support and cover in accordance with Section R403.1.3.5.

Chapter 15.20 Mechanical Code
Sections

15.20.010 Adoption
The 2022 2025 California Mechanical Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the mechanical code for the City, except as amended in this chapter and Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2022-04 § 1 (Exh. A), 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh.

B), 1999; Ord. 96-1 § 1, 1996; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1131.0).

Chapter 15.24 Plumbing Code
Sections

15.24.010 Adoption
The 2022 2025 California Plumbing Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the plumbing code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2017-04 § 1 (Exh.

A), 2017; Ord. 2022-04 § 1 (Exh. A), 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1141.0).

ATTACHMENT 2
(Redlined)

Chapter 15.36 California Electrical Code
Sections

15.36.010 Adoption
The 2022 2025 California Electrical Code, based on the National Electric Code, as promulgated by the National Fire Protection Association, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the electrical code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2022-04 § 1 (Exh. A), 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh.

B), 1999; Ord. 96-1 § 1, 1996; Ord. 91-1 § 1, 1991; Code 1975 § 1161.0).

Chapter 15.55 California Fire Code
Sections

15.55.010 2022 2025 California Fire Code – Adopted

15.55.020 Fire Code – Effective Date – Copy on File

15.55.030 Definitions

15.55.040 Establishment of Limits in Which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks Is Prohibited.

15.55.050 Establishment of Limits in Which Storage of Liquefied Petroleum Gases is Prohibited.

15.55.060 Establishment of Limits in Which Storage of Explosives and Blasting Agents is Prohibited.

15.55.070 Establishment of Limits in Which Storage of Stationary Tanks or Flammable Cryogenic Fluids is Prohibited.

15.55.080 Establishment of Limits in Which Storage of Hazardous Materials is Prohibited.

15.55.090 Fireworks Prohibited.

15.55.100 Amendments to the California Fire Code

15.55.110 Repeal of Conflicting Ordinances

15.55.120 Validity
*Prior legislation: Code 1975§§720.0 – 725.0, 726.0, 726.1, 730.0 – 730.0 (o), Ords. 325 C.S., 77-2, 79-21, 82-11, 83-25, 85-21, 86-17, 87-11, 89-24, and 95-15.

15.55.010 2022 California Fire Code – Adopted
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2022 2025 California Fire Code (2021 2024 International Fire Code), published by the International Code Council, save and except those portions as are deleted, modified, or amended, of which code not less than one copy is now on file in the office of the City Clerk, is adopted and incorporated in the municipal code as if set out at length in this code, and the provisions thereof shall be controlling within the limits of this City. (Ord. 2022-04 § 1 (Exh. A), 2018-03 § 1 (Exh. A § 4), 2018).

ATTACHMENT 2
(Redlined)

15.55.020 Fire Code – Effective Date – Copy on File
The effective date for the 2022 2025 California Fire Code adopted by CMC 15.55.010 within the City shall be January 1, 2023 2026. The City Clerk shall maintain on file in the official records the edition of the California Fire Code currently in effect at all times. (Ord. 2022-04 §1 (Exh. A), 2018-03 § 1 (Exh. A § 4), 2018).

15.55.030 Definitions
Whenever the word “jurisdiction” is used in the California Fire Code, it shall be held to mean the City of Carmel-by-the-Sea. Whenever the term “fire code official” is used in the California Fire Code, it shall be held to mean the Fire Chief of the City of Carmel-by-the-Sea Fire Department. (Ord. 2022-04 § 1 (Exh. A), 2018-03 § 1 (Exh. A § 4), 2018).

15.55.100 Amendments to the California Fire Code
The 2022 2025 California Fire Code is amended and changed as follows as described in subsections (1) through (58) of this section.

1. Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Carmelby-the-Sea, hereinafter referred to as “this code Fire Code.”

2. Section 101.2.1 is amended to read as follows:
101.2.1 Appendices. Provisions in Appendix Chapter 4 and Appendices B, BB, C, CC, D, H, and I are hereby adopted in their entirety and shall apply. Provisions in all appendices to the 2025 California Fire Code are hereby adopted in their entirety and shall apply.

3. Section 102.1 is amended to read as follows:
102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:

1. Structures, facilities and conditions arising after the adoption of this code.

2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.

3. Existing structures, facilities and conditions when identified in specific sections of this code.

ATTACHMENT 2
(Redlined)

4. Existing structures, facilities and conditions, which, in the opinion of the fire code official, constitute a distinct hazard to life and property.

5. Existing residential and commercial structures to which additions, alterations or repairs are made that involve the addition, removal or replacement of fifty percent (50%) or greater of the linear length of the walls of the existing building (exterior plus interior) within a five-year period. Existing Structures Alterations, Additions and Repairs. a. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter.
b. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent (50%) or greater of the linear length of walls of the building (exterior plus interior ,including but not limited to gypsum board, wall board, board and batten, siding, or stucco) independently or in combination thereof, within a five-year period, the entire building shall be made to conform to the current provisions of this Chapter.
c. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans. d. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.

4. Repealed by Ord. 2020-01.

5. Repealed by Ord. 2022-04. Section 103 of the CFC is amended to add Sections 103.4, and 103.5 to read as follows:
103.4 Responsibility for enforcement. Within established fire protection jurisdictions, responsibility for enforcement of this Code shall be under the direction of the Fire Chief or designee within each jurisdiction.
103.5 Police powers. The Fire Code Official and his deputies shall have the powers of police officers in performing their duties under this Code. When requested to do so by the Fire Code Official, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the Fire Code Official in enforcing the provisions of this Code.

6. Section 105.5.0 is added to read as follows:
105.6.1.5 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.

7. Section 105.6.6 is amended to read as follows:
105.7.7 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related systems, including systems installed in Group R-3 occupancies (one- and two-family homes). Maintenance performed in accordance with this code ATTACHMENT 2
(Redlined)

is not considered a modification and may not require a permit as determined by the fire code official.

8. Section 112.4 is amended to read as follows:
110.4 Violation penalties. Persons who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 113.4 of the CFC is deleted in its entirety and replaced with the following:
113.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this Code, shall be guilty of an infraction, punishable by a fine in conformance with the Authority Having Jurisdiction and/or as specified in section 1.11.2.1.3.

9. Repealed by Ord. 2022-04.

9.5. Section 202 is amended to include the following definitions:
“Escape Room” means a room in which patrons or participants are confined or enclosed in a room or space in which the means of egress and exit doors are intentionally obscured requiring the occupants to find a means of escape (the means of egress) by discovering hidden clues and solving a series of riddles, puzzles or problems.

Special Amusement Building. A special amusement building is any temporary or permanent building of portion thereof that is occupied for amusement, entertainment or educational purposes and that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance through the building or structure.

The term “Special Amusement Building” shall include spaces or areas used as “Escape Rooms.”

10. Repealed by Ord. 2022-04.

10.4. Section 304.3.5 is added to read as follows:
304.3.5 Rubbish within Dumpsters. In all rooms or aboveground outside areas, adjacent to a building or underneath roof overhangs or when located nearer than 10 feet to an adjacent property line, containers used for storage of combustible waste materials in other than Group R, Division 3 occupancies shall be protected by automatic sprinkler protection.

Such sprinklers may be connected to the domestic water supply, provided sufficient coverage of the area is provided and an approved accessible shutoff valve is provided for each room or area.

ATTACHMENT 2
(Redlined)

Exception: Trash areas adjacent to solid brick or concrete walls with no openings or eaves and a minimum of ten feet (10') separation distance between the dumpster and adjacent property line are not required to be protected by automatic sprinkler system(s).

10.6. Repealed by Ord. 2022-04.

11. Section 307.1.1 is deleted in its entirety and replaced with the following:
307.1.1 Prohibited open burning. Open burning shall be prohibited, including outdoor rubbish fires and bonfires, unless:

1. the fire is confined to an approved container as defined by the Uniform Mechanical Code and authorized by the Monterey Bay Air Pollution Control District.

2. a special condition or circumstance exists, and written authorization is granted by the Fire Chief.
11 12. Section 503.2.6.1 is added to read as follows:
503.2.6.1 Private bridge engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:
a. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.
b. The unobstructed vertical clearance shall be not less than 15 feet clear. c. The width shall be a minimum of 20 feet clear. The fire code official may require additional width when the traffic flow may be restricted or reduce the width to a minimum of 12 feet for Occupancy Group U or R-3 occupancies. d. The maximum grade change of the approach to and from any private bridge shall not exceed 8% for a minimum distance of 10 feet.
12 13. Section 503.2.6.2 is added to read as follows:
503.2.6.2 Private bridge certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. Certification that the bridge complies with the design standards required by this code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the fire code official. Every private bridge, including existing and those constructed under this code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official.

Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner’s expense.
13 14. Section 503.2.7 is amended to read as follows:

ATTACHMENT 2
(Redlined)

503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than 15% unless specifically approved by the fire code official. 14 15. Section 503.2.7.1 is added to read as follows:
503.2.7.1 Paving. All fire apparatus access roads over eight percent (8%) shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen percent (15%) where approved shall be paved with perpendicularly grooved concrete.
15 16. Section 503.7 is added to read as follows:
503.7 Fire apparatus access roads. All fire apparatus access road names shall be issued by the City of Carmel-by-the-Sea.
16 17. Section 505.1 is amended to read as follows:
505.1 Address identification. Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department.

For multi-tenant buildings, unit identifiers shall be provided as follows:

1. Multi-family dwelling units (apartments, condominiums) – shall be designated using alphabetic characters (i.e. A, B, C…). When the building contains multiple floors, the floor number shall precede the alphabetic unit designator (i.e. 1-A, 2-B, etc.)

2. Non-residential, multi-tenant buildings – individual tenant spaces shall be assigned numeric identification (i.e. 1, 2, 3, etc.) When the building contains multiple floors, the floor number shall precede the numeric unit designator and shall be separated by the number “0” (i.e. first floor units: 10x; second floor units: 20x).

3. Mixed Use buildings – Residential units shall be designated as described in 1 above. Nonresidential units shall be designated as described in 2. 505.1 Address Identification. New and existing buildings shall be provided with an approved address identification. The address identification shall be legible and placed in a position that is visible at all times from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4” high with a minimum width stroke of one-half inch for single family dwellings and duplexes. For all other occupancies each character shall be not less than a minimum of 4” high with a minimum stroke of one-half inch unless otherwise required by the Fire Code Official.17

18. Section 507.5.2 is amended to read as follows:
507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where ATTACHMENT 2
(Redlined)

defective. Additions, repairs, alterations and servicing shall comply with approved standards. When required by the fire code official, hydrants shall be painted in accordance with the most current edition of NFPA 291.
18 19. Section 605.3.1 is added to read as follows:
605.3.1 Spark arresters.

An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, solid-fuel burning fire pits, or similar devices where the burning of solid fuel conveys smoke, embers and hot gases to the outer air. 605.3.1.2 Spark arrestors shall have openings in accordance with Section 2113.9.2(3) of the California Building Code and Section 1003.9.2 of the California Residential Code with minimum openings of 3/8” and maximum openings of ½”.
19 20. Reserved Section 901.1 of the CFC is amended to add Section 901.1.1 to read as follows:
901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this Code.

21. Section 901.2 of the CFC is amended to add Section 901.2.2 to read as follows:
901.2.2 Additional documentation. Additional documentation as required by the Fire Code Official shall be provided to the Fire Code Official in an acceptable format. 21 22. Section 901.4 of the CFC is amended in its entirety and replaced with the following:
901.4 Fire Protection and Life Safety Systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to.

Alterations to fire protection systems shall be done in accordance with applicable standards.

Section 901.4.6 is amended to read as follows:
901.4.8 Nonoperational Equipment. Any non-required fire protection equipment that is no longer in service shall be removed.

23. Section 901.6 of the CFC is amended to add Section 901.6.4 and 901.6.5 to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed by the California Contractors State License Board in accordance with the California Business & Professions Code or by the California State Fire Marshal.
901.6.5 Additional records. All documentation generated during any scheduled inspection or test of any fire protection system, whether required or voluntarily installed, shall be forwarded to the Fire Code Official within fifteen (15) calendar days after the date of the inspection or test.

ATTACHMENT 2
(Redlined)

Section 901.6.4 is added to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business & Professions Code or by the California State Fire Marshal.

24. Section 901.7.7 of the CFC is added to read as follows:
901.7.7 Unless otherwise approved by the Fire Code Official, fire watch personnel shall be California licensed private security individuals with a minimum of two (2) individuals on duty at all times. Fire watch personnel shall be on duty 24 hours per day until the fire protection system has been returned to service.
24 25. Section 903.2 is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction. This section supersedes the square footage limitations of all subsections within Section 903.2.

Exceptions:
(1) Structures not classified as Group R occupancies and not more than 500 square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code, located at least one hundred feet (100') from any other structure or the property line, whichever is closer. (3) Accessory structures associated with existing non-sprinklered R-3 occupancies (one or two family dwellings) and less than 1500 square feet in total fire area. (4) Where an insufficient water supply exists to provide for an automatic fire sprinkler system and where the fire code official permits alternate protection.

Section 903.2 of the CFC is deleted in its entirety and replaced with the following:
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction.

EXCEPTIONS:
(1) Structures not classified as Group R occupancies and not more than five hundred (500) square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code and the CBC, located at least one hundred feet (100) from any other structure or the property line, whichever is closer, and with a maximum size of 10,000 square feet.
(3) Accessory structures not classified as R occupancies associated with existing nonsprinklered R-3 occupancies (one- or two-family dwellings) and less than one thousand ATTACHMENT 2
(Redlined)

five hundred (1500) square feet in total fire area with a clearance from the existing R-3 occupancy of not less than twenty (20) feet.

Section 903.2.8 is amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and twofamily dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.
(Exceptions remain per 2022 California Fire Code)
25 26. Sections 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.3, 903.2.4, 903.2.4.1, 903.7.1, 903.7.3, 903.2.9, 903.2.9.1 and 903.2.9.2 of the CFC are amended as follows:

The following Sections are amended by changing requirements to five hundred (500) square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):
903.2.1.1 Group A-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.2 Group A-2. Change five thousand (5,000) square feet to five hundred (500) square feet.
903.2.1.3 Group A-3. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.4 Group A-4. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.5 Group A-5. Change one thousand (1,000) square feet to five hundred (500) square feet.
903.2.3 Group E. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.4 Group F-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.4.1 Group F-1. Change two thousand five hundred (2,500) square feet for woodworking operations to five hundred (500) square feet.
903.2.7.1 Group M. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.7.3 Group M. Change twenty-four thousand (24,000) square feet to five hundred (500) square feet.

ATTACHMENT 2
(Redlined)

903.2.9 Group S-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.9.1 Repair Garages. Change ten thousand (10,000) square feet (2 story buildings) and twelve thousand (12,000) square feet (1 story buildings) to five hundred (500) square feet. 903.2.9.2 Bulk storage of tires. Change twenty thousand (20,000) cubic feet to five hundred (500) square feet.

Section 903.3.1.2 is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code.

903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

27. Section 903.2.22 of the CFC is added to read as follows:
903.2.22 Change of use. Automatic fire sprinklers shall be installed when the occupancy changes from a single occupancy to a mixed-use occupancy which would require the installation of an occupancy separation, or when the occupancy changes from any type of occupancy to an Assembly use occupancy.
903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13.

903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13.

903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.

903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.

28. Section 903.2.8 of the CFC, first paragraph is deleted in its entirety and replaced with the following: Exceptions remain unchanged.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.
(Exceptions remain per 2025 California Fire Code)
ATTACHMENT 2
(Redlined)

27. Section 903.3.1.3 is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D. 903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a two-hour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems off of a single water meter. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official.
903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and structures. 903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.

28. Section 903.4.1 is amended to read as follows:
903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved UL-listed central station as defined in NFPA 72- 2010, or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system and shall be documented as a UL-certificated central station service system.
(Exceptions remain unchanged.)

29. Section 903.4.2 is amended to read as follows:

ATTACHMENT 2
(Redlined)

903.4.2 Alarms. One exterior approved audible device shall be connected to every automatic sprinkler system in an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by Section 903.4.2.1.

30. Section 903.4.2.1 is added to read as follows:
903.4.2.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over 100 sprinkler heads, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at 15 dBa above average sound pressure level throughout the building.
b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72. c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the fire code official.

EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies.

31. Section 903.4.3 is amended to read as follows:
903.4.3 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height, and shall be individually annunciated as approved by the fire code official.

31.4. Section 903.6 is amended to read as follows:
903.6 Repairs, Alterations, and Additions. In all buildings, except where otherwise provided herein in this Section, where the total floor area exceeds five thousand square feet (5000 sf), or which are forty feet (40') or more in height, or which are three or more stories in height, they shall be made to comply with the provisions of this Section.

In all buildings where the total floor area exceeds five thousand square feet (5000 sf), or which are forty feet (40') or more in height, or which are three or more stories in height, if the repairs or alterations are made exceeding twenty-five percent of the current market value of the building and property as shown in the records of the County Assessor within any three hundred sixty five (365) day period shall be made to comply with the provisions of this section.

Definitions.

Repair. It is the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance.

ATTACHMENT 2
(Redlined)

Alteration. It is any change, addition, or modification in construction or occupancy.

Exception: Projects where the sole purpose is for seismic upgrade.

Existing commercial and residential buildings to which additions, alterations, or repairs are made that involve the removal or replacement of 50 percent or greater of the linear length of walls of the building (exterior plus interior) within a five-year period shall meet the requirements of new construction of this code.

31.6. Section 904.13.6 is added to existing section:
904.13.6 Non-Conforming Restaurant Cooking Appliances and Fire Extinguishing Systems. All non-conforming restaurant cooking appliances, hood and duct systems, and fire extinguishing systems found to exist as of the effective date of this Ordinance shall be made to conform to the requirements of this Section within 90 days of notification. It shall thereafter be unlawful for any person to maintain or suffer to be maintained any non-conforming restaurant cooking appliance, hood and duct system or fire extinguishing system on any property owned or controlled by said person within the City of Carmel.

32. Section 907.1.6 is added to read as follows:
907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premises are not permitted, unless specifically authorized by the fire code official.

33. Section 907.6.6.5 is added to read as follows:
907.6.6.5 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

34. Section 907.6.6 is amended to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter, by the California Building Code, or installed voluntarily shall be monitored by a UL-listed central station and shall be documented as UL-certificated central station service systems in accordance with NFPA 72- 2010 and this section.

35. Section 907.7.2 is amended to read as follows:
907.7.2 Record of completion. A record of completion in accordance with NFPA 72 verifying that the system has been installed and tested in accordance with the approved plans and specifications shall be provided. The following documentation shall be included in the record of completion:

1. A record of completion in accordance with NFPA 72.

2. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications, and has been 100% tested in accordance with NFPA 72.

ATTACHMENT 2
(Redlined)

3. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official.

35.4. Section 907.8.4 is amended to read as follows:
907.8.4 Inspection, testing and maintenance. The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing.

Service personnel shall meet the qualification requirements of NFPA 72 for inspection, testing and maintenance of such systems. Records of inspection, testing and maintenance shall be maintained.

Section 4907.1.1 is added to read as follows:
4907.1.1 Standard Defensible Space Requirements: Remove combustible vegetation from within a minimum of 100 feet or to the property line from structures, whichever is closer.

Vegetation shall be no taller than four inches (4") high. Limb trees 6 feet up from ground.

Remove limbs within 10 feet of chimneys. Additional or alternate fire protection approved by the fire code official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the fire code official and other jurisdictional authorities.

35.6. Section 5704.2.9.6.1 is added to read as follows:

Section 5704.2.9.6.1 Outdoor Storage of Containers and Portable Tanks. Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited except as permitted by the Zoning Ordinance.

Exception:

1. Storage tanks of 500 gallon maximum capacity may be used only in conjunction with emergency generators as approved by the fire chief.

36. Alternative energy systems shall be installed in accordance with the California Building, Fire and Electrical Codes as adopted by the City of Carmel-by-the-Sea.

29. Section 903.3.1.1.1 of the CFC is amended to add Section 903.1.1.1 Exemption 5 to read as follows:

5. Passenger elevator shafts or associated passenger elevator mechanical rooms, where elevator shafts are constructed with a 2–hour fire resistive method.

30. Section 903.3.1.1.2 of the CFC is amended to read as follows:

Section 903.3.1.1.2 Bathrooms. In Group R occupancies, sprinklers shall be required in bathrooms within individual dwelling units or sleeping units.

31. Sections 903.3.1.2, 903.3.1.2.1, 903,3.1.2.3, of the CFC are deleted in its entirety and replaced with the following:

ATTACHMENT 2
(Redlined)

903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in this Code.

32. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units where the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

33. 903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13. 903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13.

34. Sections 903.3.1.2, is amended to add section 903.1.2.4, 903.3.1.2.5, 903.1.2.6 and 903.3.1.2.7 to read as follows:
903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage.
903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.

35. Section 903.3.1.3 of the CFC is deleted in its entirety and replaced with the following:
903.3.1.3 NFPA 13D sprinkler systems. Automatic fire sprinkler systems installed in one and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. The requirements of this section supersede the requirements of the California Residential Code. 903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for two-hour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the Fire Code Official. 903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms and water closets, regardless of square footage.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and other accessory structures.

ATTACHMENT 2
(Redlined)

903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit. Where required by the Fire Code Official, interior audible notification appliances or additional water flow alarms may be required to be installed at locations specified by the Fire Code Official.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.
903.3.1.3.8 A backflow prevention device as approved by the water purveyor, the type and friction loss shall be included in the plans and calculations for fire flow. For retrofits to existing systems, the sprinkler system of the affected building(s) shall be recalculated and submitted to the Authority Having Jurisdiction for approval and issuance of the permit. 903.3.1.3.9 If there are any changes or modifications to the system of the approved plans, asbuilts shall be required, submitted to the Authority Having Jurisdiction and approved prior to rough inspection.

36. Section 903.3.10 of the CFC is deleted in its entirety and replaced with the following:
903.3.10 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height and shall be individually annunciated as approved by the Fire Code Official.

37. Section 903.4.2 of the CFC, first paragraph is deleted in its entirety and replaced with the following. Exceptions remain unchanged.
903.4.2 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72, or, when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system.

38. Section 903.4.3 of the CFC, first paragraph is deleted in its entirety and replaced with the following.
903.4.3 Alarms. One exterior approved audible appliance shall be connected to every automatic sprinkler system in an approved location. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by this section or Section 903.4.3.1. A minimum of one audible appliance shall be installed in all occupancies subject to this section.

ATTACHMENT 2
(Redlined)

903.4.3.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over one hundred (100) sprinklers, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at fifteen (15) dBa above average sound pressure level throughout the building. b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72. c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the Fire Code Official.

EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies.

39. Section 904.14.2 of the CFC is deleted in its entirety and replaced with the following. 904.14.2 System interconnection. The actuation of the fire extinguishing system shall automatically shut down power to the makeup air appliance and all fuel and electrical power located under the hood, except for the electrical power to the exhaust air supply. The fuel and electrical supply reset shall be manual.

40. Section 904.14.5.2 of the CFC is deleted in its entirety and replaced with the following. 904.14.5.2 Extinguishing system service. Automatic fire extinguishing systems shall be serviced by a CSLB licensed C-16 contractor or a CSFM licensed “A” licensee at least every six months and after any activation of the system. Inspection shall be performed by the owner at least monthly in accordance with the currently adopted edition of NFPA 17-A. The service contractor shall review the records of monthly inspections every six months, and deficiencies shall be reported to the Fire Code Official. A service report shall be forwarded to the Fire Code Official by the licensed service contractor within 15 days after every service on the appropriate AES form.

41. Section 907 of the CFC is amended to add Section 907.1.6 to read as follows:
907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premise are not permitted.

42. Section 907.2 Exception 1 of the CFC is deleted in its entirety and replaced with the following.
907.2 Exception 1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control.

43. Section 907.6.4 of the CFC is amended to add Section 907.6.4.0 to read as follows:
907.6.4.0 Zone transmittal. Where required by the Fire Code Official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

44. Section 907.6.5 of the CFC is deleted in its entirety and replaced with the following:
907.6.5 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing.

45. Section 907.6.6 of the CFC is deleted in its entirety and replaced with the following:

ATTACHMENT 2
(Redlined)

907.6.6 Monitoring. Fire alarm systems, whether required by this Chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this Section.
(Exceptions remain unchanged)

46. Section 907.6.6 of the CFC is amended to add Section 907.6.6.0 to read as follows:
907.6.6.0 Means of communication. The use of either POTS or cable telephone lines with a digital alarm communicator transmitter shall not be permitted.

EXCEPTION. Where no other communications methods are available, the use of telephone lines shall be permitted to be used on a temporary basis not to exceed one year from the date of final acceptance test or until permitted alternate means of communications are available.

47. Section 907.7.2 of the CFC is deleted in its entirety and replaced with the following:
907.7.2 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:

1. A record of completion in accordance with NFPA 72.

2. A record of inspection and testing in accordance with NFPA 72.

3. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100% tested in accordance with NFPA 72.

4. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the Fire Code Official.

48. Section 907.8.2 of the CFC is amended to add Section 907.8.2.1 to read as follows:
907.8.2.1 Testing of FACU Batteries. Batteries installed in the fire alarm control units and remote power supplies shall be verified for battery capacity based on the approved plans and battery calculations.

49. Section 1205.1 of the CFC is amended to add Section 1205.1.1 to read as follows:
1205.1.1 Signing and Marking. In addition to signing and marking requirements of the California Building Code and the California Residential Code, the following signing and marking is required:
1205.1.1.1 Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 1/2” in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather-resistant, durable plastic with engraved letters, or other approved material.
1205.1.1.2 Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller.

The label shall have contrasting color capital letters at least 3/8” in height and in a non—serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.

ATTACHMENT 2
(Redlined)

1205.1.1.3 Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the Fire Code Official shall be required indicating the location of the secondary power source shutoff switch.
1205.1.1.4 Installer Information. Signage acceptable to the Fire Code Official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the main disconnect.

50. Section 1205.2 of the CFC is amended to modify Section 1205.2.1, by deleting Exceptions 1 and 2 of the California Fire Code.

51. Section 1205.2 of the CFC is amended to add Section 1205.2.1.4 to read as follows:
1205.2.1.4 Hip and Valley Layout. Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley.

52. Section 1206 of the CFC is amended to add Section 1206.14 to read as follows:
1206.14 Where stationary fuel cell power systems are installed inside any structure, signage acceptable to the Fire Code Official shall be required indicating the location of the stationary fuel cell power system. Placarding shall be required to read “FUEL CELL” in block letters 6” high with a ¾” stroke on a contrasting background. The location of the signage shall be approved by the Fire Code Official.

53. Section 1207.4.1.1 is added to the CFC to read as follows:
1207.4.1.1 Energy storage systems (ESS) disconnect shall be located at or adjacent to the main electrical panel with appropriate placarding showing location of equipment and all shutdowns.

54. Section 1207 of the CFC is amended to add Section 1207.4.8-6 to read as follows:
1207.4.8-6 Where battery energy storage systems are installed inside any structure, signage acceptable to the Fire Code Official shall be required indicating the location of the battery energy storage system. Placarding shall be required to read “BESS” in block letters 6” high with a ¾” stroke on a contrasting background. The location of the signage shall be approved by the Fire Code Official.

55. Section 5601.1.3 is deleted in its entirety and replaced with the following:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited, including “Safe and Sane” fireworks, anywhere within the City limits.

EXCEPTION:

1. Except by duly issued permit for fireworks displays as authorized by the Fire Chief.

56. Section 5704.2.9.6.1 is amended to add Section 5704.2.9.6.1.0 to read as follows:
5704.2.9.6.1.0 Outdoor storage containers and portable tanks. Storage of Class 1 and Class II liquids in above ground tanks outside of buildings is prohibited within the limits established by law as the limits of the jurisdiction in which storage is prohibited except as permitted by the zoning ordinance.

EXCEPTIONS:

ATTACHMENT 2
(Redlined)

1. For marine fueling operations, a maximum of 2000 gallons of diesel fuel may be stored and dispensed from an above ground tank as approved by the Fire Chief.

2. Storage tanks of 500-gallons maximum capacity may be used only in conjunction with emergency generators as approved by the Fire Chief.

57. Section 6104.2 of the CFC is deleted in its entirety and replaced with the following:
6104.2 Maximum capacity within established limits. For the protection of heavily populated or congested areas, storage of liquified petroleum gas shall not exceed an aggregate capacity in any one mercantile occupancy of 200 gallons (757 L) or 40 5-gallon LPG tanks within the jurisdiction unless approved by the Fire Code Official.

EXCEPTION: In all other occupancy classifications, the capacity limit shall not exceed 10 5- gallon LPG containers or as determined by the Fire Code Official.

58. Section D103.2 of the CFC is deleted in its entirety and replaced with the following:

D103.2 Grade. Fire apparatus access roads shall not exceed fifteen (15) percent in grade with a maximum side slope of five (5) percent.

EXCEPTION: Grades steeper than fifteen (15) percent, if approved by the Fire Code Official, shall be paved with perpendicularly grooved concrete.
(Ord. 2022-04 § 1 (Exh. A), 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018).

ATTACHMENT 2
(Redlined)

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
January 13, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marisa Bermudez, Acting Assistant City Administrator APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Resolution 2026-007 adopting a Memorandum of Understanding (MOU) between the City of Carmel-by-the-Sea and the Carmel Police Officers Association (POA) for the period of July 1, 2025 through June 30, 2027 authorizing the City Administrator to execute the MOU, and adopting the classifications salary plan (Estimated time - 10 min)
RECOMMENDATION:

Adopt Resolution 2026-007 adopting a Memorandum of Understanding (MOU) between the City of Carmel-by-the-Sea and the Carmel Police Officers Association (POA) for the period of July 1, 2025 through June 30, 2027, authorizing the City Administrator to execute the MOU, and adopting the classifications salary plan.

BACKGROUND / SUMMARY:

The Memorandum of Understanding (MOU) between the City of Carmel-by-the-Sea and Carmel Police Officers Association (POA) expired on June 30, 2025, the terms of which are still in effect unless and until a successor MOU is adopted. At the direction of the City Council, the City’s negotiation team met and conferred with the POA over a ninemonth period in accordance with Government Code section 3505, commonly known as the Meyers-Millias-Brown Act (MMBA). This MMBA requires public employers to meet and confer in good faith with represented employees regarding wages, hours, and other terms and conditions of employment.

Consistent with Council direction, the City’s negotiating team sought to establish a successor labor agreement that eliminated a pilot program which reduced sworn

staffing levels in exchange for consolidating certain special assignment pays into base salaries for police officers and sergeants. The required reduction of three police officer positions under the pilot program created ongoing challenges in maintaining adequate shift coverage and limited the City’s ability to recruit new officers. The reduced staffing levels also contributed to increased employee burnout due to the need for additional coverage by existing staff. Additionally, reliance on mutual aid from surrounding agencies has become more limited in recent years due to regional staffing shortages.

With the elimination of the pilot program, the City will reinstate a more traditional fivestep salary structure, including the addition of two lower salary steps. This structure is intended to enhance recruitment flexibility by allowing the City to hire officers at a lower starting salary while remaining competitive with, and above, the entry-level compensation offered by surrounding Monterey Peninsula agencies.

The City and the POA have reached a tentative agreement on terms of a successor MOU. Notable provisions of the tentative agreement include the following:

Sworn Classifications (Police Officer, Sergeants)
Term: 2 year (July 1, 2025 – June 30, 2027
Base Wages: Year 1 – 0% increase
Restore salary steps from 3 to 5 with a new
lower 1st step
Year 2 – 2.5% increase
Retirement: Reduce employee contribution from 16% to

13.75%, consistent with CalPERS’ minimum
requirements and more closely aligned with
other POA employee contribution rates.

Deferred Compensation: $2,500 per year (previously $20,000 under the pilot program)
Uniform Allowance: Increase from $80 to $100 per month
Night Shift Differentials (New Item): Cover Shift 2% and Night Shift 3% Premium Pays (New Item): Field Training Officer: 3% of base pay

Motorcycle Duty: 3% of base pay
POST Certification Pays: 1.5% to 3.5% of
base
Longevity Pay (New Item): 5 years – 2%
10 years – 3%
15 years – 5%
Stand-By Program: $200 per 24-hour shift (previously $150/shift) Only active during low staffing levels
Non-Sworn Classifications (Police Services, Supervisor, and Community Services Officer classifications)
Term: 2 year (July 1, 2025 – June 30, 2027
Base Wages: Year 1 – 4% increase
Remove 6th Longevity Step and convert to
3% Longevity Pay
Year 2 – 4% increase
Premium Pays (New Item): Communications Training Officer 3% of base pay
Evidence Custodian 2% of base pay
The tentative agreement provides the City with increased operational flexibility to address staffing and recruitment needs. It also provides represented employees new premium pays and reduced CalPERS contributions which offset the absence of a base wage increase for sworn classifications in the first year of the agreement.

Staff recommends that the City Council approve a Resolution (Attachment 1) adopting a successor memorandum of understanding with the POA for the period of July 1, 2025 through June 30, 2027, authorize the City Administrator to execute said successor MOU on behalf of the City (Attachment 2), and adopt an updated salary plan for relevant police unit classification in accordance with Municipal Code section 2.52.520 (Attachment 3).

This recommendation aligns with the City’s goal of compensating its employees at a competitive and fair market level with surrounding Monterey Peninsula agencies, while encouraging employees to maintain long-term employment with the City in order to provide knowledgeable and first-class law enforcement services to the City's residents and visitors.

FISCAL IMPACT:

Total fiscal impact for the two-year contract is $317,952.133. Of that amount, $73,000

are allocated to the stand-by program that should cease once full staffing levels are reached which is expected to occur in a 12-month period. The estimated ongoing annual cost is $246,580.36. The fiscal impact does not reflect the increase to the CalPERS pension liability.

PRIOR CITY COUNCIL ACTION:

There has been no open-session review by the City Council for this item.

ATTACHMENTS:

1. Resolution 2026-007

2. MOU between the City of Carmel-by-the-Sea and Carmel Police Officers Association

3. Pay rates/schedule for classifications represented by Carmel Police Officers Association

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-007

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

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CARMEL-BY-THE-SEA

POLICE OFFICERS ASSOCIATION AND ADOPTING THE CLASSIFICATIONS SALARY PLAN IN ACCORDANCE WITH MUNICIPAL CODE 2.52.520
WHEREAS, the current Memorandum of Understanding (“MOU”) between the City of Carmel-by-theSea (“City”) and employees represented by the Carmel-by-the-Sea Police Officers Association (“POA”) expired on June 30, 2025; and
WHEREAS, the City has been in negotiations with the POA pursuant to the Meyers-Milias-Brown Act, Government Code section 3500, et seq. (“MMBA”) regarding salaries and other terms and conditions of employment; and
WHEREAS, the City and the POA have reached a tentative agreement which is embodied in the attached MOU for the period of July 1, 2025, through June 30, 2027; and WHEREAS, Municipal Code 2.52.520 and amendments thereto provide, among other things, that the City Council establish the legally current salary range from the salary schedule for each class of position; and
WHEREAS, the salary resolution is adopted annually or periodically by the City Council upon review and recommendation of the City Administrator; and
WHEREAS, the California Public Employee’s Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City to publish pay rates and ranges on the City’s internet site and the City Council to approve the pay rates and range in its entirety each time a modification is made.

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

1. Authorize the City Administrator to execute the MOU between the City and POA (Exhibit A);

2. Authorize and approve the City Administrator to establish the pay rates/schedule for classifications represented by the POA (Exhibit B).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13 day of January, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED: ATTEST:
_________________________________ _________________________________ Dale Byrne , Mayor Nova Romero, MMC, City Clerk
ATTACHMENT 1

Resolution 2026-XXX

RESOLUTION 2026-007

EXHIBITS
Exhibit A - Memorandum of Understanding between the City of Carmel-by-the-Sea and Carmel Police Officers Association
Exhibit B - Pay rates/schedule for classifications represented by Carmel Police Officers Association ATTACHMENT 1

MEMORANDUM OF UNDERSTANDING
Between
City of Carmel-by-the-Sea
and the
Carmel-by-the-Sea Police Officers Association
For the period
July 1, 2025 through June 30, 2027
EXHIBIT A ATTACHMENT 2

TABLE OF CONTENTS
Page
ARTICLE 1: PREAMBLE.....................................................................................................................2 ARTICLE 2: RECOGNITION...............................................................................................................2 ARTICLE 3: TERM OF CONTRACT ..................................................................................................2 ARTICLE 4: PROBATION...................................................................................................................2 ARTICLE 5: BASE COMPENSATION................................................................................................3 ARTICLE 6: LONGEVITY .................................................................................................................. 4 ARTICLE 7: POLICE OFFICERS STANDARDS AND TRAINING (POST) CERTIFICATION PAY .......................................................................................................... 4 ARTICLE 8: ACADEMIC EDUCATIONAL INCENTIVE PLAN......................................................5 ARTICLE 9: RETIREMENT.................................................................................................................6 ARTICLE 10: DEFERRED COMPENSATION ...................................................................................8 ARTICLE 11: UNIFORM ALLOWANCE ........................................................................................... 8 ARTICLE 12: HOLIDAYS ...................................................................................................................9 ARTICLE 13: HOLIDAY PAY.............................................................................................................9 ARTICLE 14: GENERAL LEAVE....................................................................................................... 9 ARTICLE 15: VACATION ACCRUAL...............................................................................................9 ARTICLE 16: BEREAVEMENT LEAVE ..........................................................................................11 ARTICLE 17: SICK LEAVE............................................................................................................... 11 ARTICLE 18: CATASTROPHIC ILLNESS/SICK LEAVE HOURS TRANSFER........................... 12 ARTICLE 19: PHYSICAL EXAMINATIONS................................................................................... 13 ARTICLE 20: WORK SCHEDULES, OVERTIME COMPENSATION AND
COMPENSATORY TIME ..................................................................................................... 14 ARTICLE 21: PREMIUM PAY AND SHIFT DIFFERENTIALS...................................................... 15 ARTICLE 22: SPECIAL ASSIGNMENT PAY (SAP)....................................................................... 18 ARTICLE 23: INSURANCE PROGRAMS ........................................................................................20 ARTICLE 24: OTHER BENEFITS..................................................................................................... 22 ARTICLE 25: IMPASSE RESOLUTION........................................................................................... 23 ARTICLE 26: SHIFT SCHEDULING ................................................................................................ 24 ARTICLE 27: WORKERS COMPENSATION SALARY CONTINUATION .................................. 24 ARTICLE 28: MANAGEMENT RIGHTS.......................................................................................... 25 ARTICLE 29: SEPARABILITY.......................................................................................................... 25 ARTICLE 30: SIGNATURES............................................................................................................. 26 EXHIBIT A ATTACHMENT 2

Memorandum of Understanding
Between
The City of Carmel-by-the-Sea
And
Carmel-by-the-Sea Police Officers Association
ARTICLE 1: PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of Cannel-by-the-Sea, hereinafter referred to as “City,” and the City of Carmel-by-the-Sea Police Officers Association, hereinafter referred to as “Association,” pursuant to California Government code Section 3500 et seq. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment. Existing practices and/or benefits which are not referenced in this MOU and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process.

ARTICLE 2: RECOGNITION
The City of Carmel-by-the-Sea recognizes the Association as the recognized and exclusive representative for the following non-exempt classifications:

Community Services Officer
Police Services Officer
Police Services Supervisor
Police Officer
Police Sergeant
ARTICLE 3: TERM OF CONTRACT
The term of this MOU shall be from July 1, 2025, and continue through June 30, 2027. The POA and the City agree to commence bargaining for a subsequent MOU within 120 days prior to the end of this contract.

ARTICLE 4: PROBATION

4.1 Probationary Period: All original, promotional and re-hire appointments shall be tentative and subject to a probationary period. Original hires and re-hires shall be subject to an eighteen (18) month probationary period of actual and continuous service. Promotional appointments shall be subject to a twelve (12) month probationary period of actual and continuous service. Lateral appointments with at least 2 years of law enforcement service shall be subject to a twelve (12) month probationary period of actual and continuous service. Lateral appointments with less than 2 years of law enforcement service shall be subject to the eighteen (18) month probationary period of actual and continuous service. Periods of time on paid or unpaid leave exceeding five (5) days (consecutive or not) shall automatically extend the probationary period by the numbers of days the employee is on leave.

4.2 Objective of Probationary Period: The probationary period shall be regarded as part of the selection process and shall be utilized for training and observation of the probationary employee on work assignments and standards in order to evaluate the probationary EXHIBIT A ATTACHMENT 2

employee’s performance.

4.3 Rejection of Probationary Employee: During the probation period, an employee may be rejected at any time by the City Administrator upon recommendation of the Police Chief without cause and without the right of appeal. Notification of rejection shall be served on the probationary employee in writing. Any promoted employee who is rejected during the probationary period shall be entitled to return to the position held prior to promotion at the range and step held prior to promotion, unless the probationary employee is discharged, in which case no reinstatement shall occur.

4.4 Extension of Probation: All efforts will be made to sufficiently evaluate the probationary employee during the designated period. An extension of the probationary period, however, may be recommended by the Police Chief when good cause exists. Such extension shall be for a specific period of time not to exceed three (3) months.

ARTICLE 5: BASE COMPENSATION

5.1 Base Rate of Pay
For purposes of this agreement, Base Rate of Pay shall mean the hourly rate of an employee as established by the City Council, and shall not include any overtime, holiday-in-lieu pay, incentive pay, allowances, or other supplemental benefit. Base pay is distinct from the “regular rate,” which includes all remuneration paid to the employee for employment, except payments specifically excluded by the Fair Labor Standards Act.

5.2 Base Rate of Pay for Sworn Members
A. Effective the first pay period following final ratification of this MOU, the City will restructure the salary ranges to increase the number of steps from three (3) to five (5), as set forth below. Step advancement shall occur each year on the employees’ anniversary date upon receipt of a satisfactory or better performance evaluation.

Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer P-3
Hourly: $59.85 $61.65 $63.50 $65.41 $67.37
Monthly: $10,374.00 $10,686.00 $11,006.67 $11,337.73 $11,677.47 Annual: $124,488.00 $128,232.00 $132,080.00 $136,052.80 $140,129.60 Police Sergeant P-5
Hourly: $68.84 $70.91 $73.04 $75.23 $77.49
Monthly: $11,932.27 $12,291.07 $12,660.27 $13,039.87 $13,431.60 Annual: $143,187.20 $147,492.80 $151,923.20 $156,478.40 $161,179.20 B. Employees hired into sworn unit positions after final ratification of the MOU will be placed in Step 1, or as designated pursuant to the City Administrator’s authority set forth in Municipal Code section 2.52.545.

C. The parties agree that the City will provide no further increases to the base rate of pay during the first year of this MOU.

D. Effective the first pay period inclusive of July 1, 2026, the City will provide a two and onehalf percent (2.5%) increase to the base rate of pay for sworn members.

5.3 Base Rate of Pay for Non-Sworn Members.

EXHIBIT A ATTACHMENT 2

A. Effective the first pay period following final ratification of MOU the City will eliminate the 6th Step (Longevity Step) and increase the base rate of pay by four percent (4.0%).

B. Effective the first pay period inclusive of July 1, 2026, the base rate of pay shall be increased by four percent (4%).

5.4 Classification Study for PSO Supervisors.

As soon as practicable, but no later than 12 months following final ratification of this MOU, the City shall complete a classification study for the PSO supervisor position to determine market median total compensation. The results of that study will be presented to City Council for potential action.

ARTICLE 6: LONGEVITY PAY

6.1 Longevity for Sworn Members.

Effective the first pay period following final ratification of this MOU, premium pay will be provided in recognition of a member’s continuous service for the City, in non-cumulative amounts as follows:
5 years of continuous City service 2% of base salary
10 years of continuous City service 3% of base salary
15 years of continuous City service 5% of base salary
For purposes of longevity premium pay only, up to five (5) years of prior sworn law enforcement experience with another agency or the City of Carmel-by-the-Sea Police Department may be added in addition to years of continuous sworn service for the City.

6.2 Longevity for Non Sworn Members.

Effective the first full pay period following final ratification of this MOU, employees with at least ten (10) years of continuous service with the City of Carmel-by-the-Sea as a regular, full-time employee shall receive a 3% Longevity premium pay of base salary.

For purposes of longevity premium pay only, up to five (5) years of prior dispatch law enforcement experience with another agency or the City of Carmel-by-the-Sea Police Department may be added in addition to years of continuous sworn service for the City.

ARTICLE 7: POLICE OFFICER STANDARDS AND TRAINING (P.O.S.T.)

CERTIFICATION PAY
The following POST certification pay is available to sworn members only who have obtained the following POST certificates. POST certification pay will be provided commencing with the first full pay period after submitting documented proof of certification to Human Resources, in the following non-cumulative amounts:

Intermediate Certificate 1.5% of base salary
Advanced Certificate 2.5% of base salary
Supervisory Certificate 3.5% of base salary
Effective the first pay period inclusive of July 1, 2026, for sworn members only, the POST certification pay shall be increased in non-cumulative amounts as follows:

EXHIBIT A ATTACHMENT 2

Intermediate Certificate 2.5% of base salary
Advanced Certificate 5.0% of base salary
Supervisory Certificate 6.0% of base salary
ARTICLE 8: ACADEMIC EDUCATIONAL INCENTIVE PLAN

8.1 Payment Established.

The City Council, having determined the acquisition of additional education by employees makes those employees more valuable to the City, does hereby establish an Academic Educational Incentive Pay Plan (AEIP).

8.2 Definitions.

For the purpose of this program, the following definitions shall apply:

A. “Satisfactory Completion” shall mean a grade of “C” or better in any course.

No more than one-third (1/3) of the total number of units considered for AEIP may be on a “credit only” or “pass/fail” basis (limit of 10 out of 30 units or 20 out of 60 units). Units earned with a “Credit Minus” grade will not be considered eligible under the AEIP program.

For graduate level courses, a course grade of “B” or higher is needed to be considered as Satisfactory Completion under AEIP. To be eligible for the AEIP program, all coursework must be completed at an accredited educational institution.

B. “College Level” shall mean any post-high school educational institution accredited by the California State Department of Education, the Western Association of Schools and Colleges, or by equivalent organizations in other states and countries, or which have the prior approval of the City Administrator.

C. “Job-Related” shall mean any college level course related to technical or specialized aspects of the employee’s position, as well as courses meeting general educational degree requirements, which are reasonably job-related. The City Administrator’s determination of the eligibility of any course shall be final and shall be obtained prior to taking course.

D. “Units” shall mean semester units (two semesters to a full academic year). Each quarterly or trimester unit shall be counted at a value of .67% of a semester unit.

8.3 Eligibility.

In order for employees to be eligible for AEIP, all of the following conditions shall be met:

A. Employees who are not required to possess a college-level degree as a minimum qualification for their position, yet have earned one or more college-level degrees, are eligible to receive education incentive pay under this section.

B. For current employees seeking to obtain a college-level degree, the education, training or instruction shall be acquired at times when the City does not compensate EXHIBIT A ATTACHMENT 2

the employee. Reimbursement to the employee by the City for the costs of books, tuition, or supplies shall not affect eligibility. Scholarships or veteran’s benefits shall not be considered AEIP compensation.

C. Credit shall not be given for work experience, even though an academic institution may have given credit for such experience, until such time as a degree is granted the employee by such institution.

D. The employee shall submit to the City Administrator through the Police Chief a list of courses and credits, together with transcripts or other proof of satisfactory completion, as may be required to verify the acquisition of claimed credits.

8.4 Payment of Academic Educational Incentive.

Employees who have or obtain the following degrees, subject to the limitations described above, shall be paid the following annual benefit amount to be provided on a pro- rated, per-paycheck basis over the course of 24 pay periods. Employees holding multiple college- level degrees will be paid for the highest level completed only. The maximum total annual payment to an employee under this Section shall not exceed $7,000 annually.

Associate’s Degree $2,500
Bachelor’s Degree $6,000
Master’s Degree $7,000

8.5 Timing.

Timing of document submission: Completed documentation is expected to be submitted within 90 days of the date on which the grade for the course is released from the institution. Failure to submit information in a timely manner may result in delay or denial of AEIP.

Time of payment: AEIP shall be paid to eligible employees beginning with the pay period immediately following the one in which the City Administrator has verified that all documentation for completed degrees meets required expectations and is supported by an approved application for AEIP. This verification period shall not exceed 60 calendar days. Following 60 calendar days after submission, if no challenge has been raised, the documentation will be accepted as complete and valid and the pay added beginning with the next available pay period.

ARTICLE 9: RETIREMENT

9.1 Retirement Benefits for Sworn Safety Members.

This Section 9.1 (including subsections) applies to sworn safety members who are contributing members of the California Public Employees’ Retirement System (CalPERS).

Tier 1 (Classic Members): Employees hired on or before November 1, 2011, shall be eligible to receive the 3% @ 50 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean single highest year of compensation. Employees covered by this section shall pay 100% of the required member contribution, which is 9%. Tier 1 employees shall contribute an additional three percent (3%) towards the employer’s contribution.

Tier 2 (Classic Members): Employees hired after November 1, 2011, but before January 1, 2013, shall be eligible to receive the 2% @ 50 retirement benefit formula. For purposes of determining a EXHIBIT A ATTACHMENT 2

retirement benefit, final compensation for employees covered by this section shall mean the pensionable compensation earned during the 3 consecutive years of service immediately preceding the member’s retirement or the highest average pensionable compensation earned during 3 consecutive years of service. Employees covered by this section shall pay 100% of the required member contribution, which is 9%. Tier 2 employees shall contribute an additional three percent (3%) towards the employer’s contribution.

Tier 3 (PEPRA Members): Employees hired on or after January 1, 2013, shall be eligible to receive the 2.7% @ 57 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the pensionable compensation earned during the 3 consecutive years of service immediately preceding the member’s retirement.

Employees covered by this section shall pay 50% of the normal cost of the retirement plan as identified annually by CalPERS. Tier 3 employees shall no longer be subject to additional cost share contributions effective the first pay period following ratification of the MOU. The 3% additional cost sharing contribution will be reduced to zero (0%).

9.2 Retirement Benefits for Non-Sworn Miscellaneous Members.

This Section 9.2 (including subsections) applies to miscellaneous members who are contributing members of CalPERS.

Tier 1 (Classic Members): Employees hired on or before November 1, 2011, shall be eligible to receive the 2% @ 55 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the highest average pensionable compensation earned during 3 consecutive years of service. Employees covered by this section shall pay 100% of the required member contribution, which is 7%. Tier 1 employees shall contribute an additional three percent (3%) towards the employer’s contribution.

Tier 2 (Classic Members): Employees hired after November 1, 2011, but before January 1, 2013, shall be eligible to receive the 2% @ 60 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the highest average pensionable compensation earned during 3 consecutive years of service Employees covered by this section shall pay 100% of the required member contribution, which is 7%. Tier 2 employees shall contribute an additional three percent (3%) towards the employer’s contribution.

Tier 3 (PEPRA Members): Employees hired on or after January 1, 2013, shall be eligible to receive the 2% @ 62 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the pensionable compensation earned during the 3 consecutive years of service immediately preceding the member’s retirement.

Employees covered by this section shall pay 50% of the normal cost of the retirement plan as identified annually by CalPERS. Tier 3 employees shall contribute an additional three percent (3%) towards the employer’s contribution.

9.3 The City shall continue to maintain the following, contracted retirement options:

A. Single Highest Year (only for employees hired on or before November 1, 2011).

B. Fourth level of 1959 Survivors Benefit ($2.00 per month cost to the employee).

1. The City and the Association agree to monitor the funding of this option.

When only two years of funding remain in this account the City and the Association agree to reopen negotiations on this issue to discuss future funding of this benefit.

EXHIBIT A ATTACHMENT 2

C. The City agrees to permit members, if they choose, to purchase military service credit as public service to the extent permitted by PERS, solely at the members’ expense.

D. Pursuant to Resolution No. 96-116 qualified members shall have the option to elect the pre-tax payroll deduction plan for their service credit purchases (i.e., redeposit, service prior to membership, military service, etc.).

E. In accordance with Government Code Section 20965, upon retirement, members may elect to convert unused accumulated sick leave toward additional CalPERS service credit.

ARTICLE 10: DEFERRED COMPENSATION
The City offers employees the opportunity to participate in a deferred compensation plan on a voluntary basis through the payroll deduction plan. Participation and contributions are regulated by the rules and regulations established by the Internal Revenue Service (IRS) for such plans (457 Plans).

Nothing in this section shall prohibit or restrict this voluntary participation in the plan(s) offered by the City.

10.1 City Contribution for Sworn Members.

The City shall make a monthly contribution on behalf of each sworn member of the Association in the amount of $208.34, equivalent to $2500 per calendar year, effective the first pay period following final ratification of this MOU.

10.2 City Contribution for Non-Sworn Members.

The City shall make monthly contributions on behalf of each non-sworn member of the Association as follows:

PEPRA Employees $100/month
Classic Employees $ 25/month
In the event non-sworn members represented by another association of employees with the City receive additional City-paid monthly contributions for deferred compensation during the term of this agreement, non-sworn members of the Association shall receive a comparable increase in monthly compensation to his/her deferred compensation plan, effective on the first month following approval of this benefit by the City Council. In no event shall this additional compensation be deemed to be paid retroactively beyond the effective date on which the non-Association non-sworn employees receive their increase. This section 10.2 shall not apply to sworn members of the Association.

ARTICLE 11: UNIFORM ALLOWANCE
All members shall be entitled to the following uniform allowances for the purchase and maintenance of required uniform items and footwear:

Sworn members: $100 per/mo.

Non-Sworn members: $120.00 per/mo.

The uniform allowance shall be reportable for CalPERS retirement calculation purposes for EXHIBIT A ATTACHMENT 2

classic members, as defined above, only. Required uniform items and equipment damaged in the course of employment will be replaced by the City at no cost to the employee.

ARTICLE 12: HOLIDAYS
The City observes the following holidays:

A. New Year’s Day — January 1
B. Martin Luther King Day — third Monday of January
C. Lincoln’s Birthday — February 12
D. Presidents’ Day — third Monday of February
E. Memorial Day — last Monday of May
F. Independence Day — July 4th
G. Labor Day — first Monday of September
H. Veteran’s Day — November 11th
I. Thanksgiving Day
J. The day after Thanksgiving
K. Christmas Eve — December 24th
L. Christmas Day — December 25th
In the event a holiday falls on a Saturday, municipal departments shall remain open on the preceding Friday, but employees shall be given either the preceding Friday or the following Monday, at the discretion of the Police Chief and City Administrator, as an in-lieu holiday. In the event a holiday falls on a Sunday it shall be observed on Monday.

ARTICLE 13: HOLIDAY PAY
Members of the Association shall be paid straight time pay based on the number of hours in the employee’s regularly scheduled shift for each of the holidays listed in Article 12 of this MOU.

Members will be paid during the same pay period in which the holiday falls. If a holiday falls on a day on which a member is on a regularly scheduled day off, the member shall still receive holiday pay.

The Police Chief may designate certain staff members as “non- essential” on any given holiday and may, in lieu of providing holiday pay, allow those staff members to be off.

Subject to the advance approval of the Police Chief, a member may elect to work a regularly scheduled holiday and take an alternate day off instead. The alternate date should fall within the same pay period.

Holidays not used on the observed holiday will be paid.

ARTICLE 14: GENERAL LEAVE
Each member shall receive one regularly scheduled shift day of general leave per year, regardless of the member’s hire date. General leave may only be used with the approval of the member’s supervisor. General leave may not be rolled over from one year to the next.

ARTICLE 15: VACATION
Members shall accrue vacation on a monthly basis beginning on the date of hire. With the exception of lateral hires, no vacation time may be taken until an employee has successfully EXHIBIT A ATTACHMENT 2

completed twelve months of employment.

15.1 Vacation Accrual.

Members shall accrue vacation on the following schedule:
1 — 4 Years of Service 80 hours per year
5 — 9 Years of Service 120 hours per year
10 — 14 Years of Service 160 hours per year
15 years of service and over 176 hours per year
The maximum amount of vacation time that may be held in an unused status shall be the amount an employee is entitled to accrue in two (2) anniversary years. The Police Chief may grant exceptions with approval by the City Administrator. Once this accrual cap has been reached, employees will cease to accrue additional hours until such time as existing accrual balances are used.

Vacation Buy-Back Exception: In the event an employee achieves the maximum accrual cap in a pay period and is unable to take sufficient vacation hours to reduce his/her accrual bank below maximum, due to staffing constraints, the Police Chief may approve a vacation buyback of up to one month’s worth of accrual, payable at the employee’s hourly rate in the pay period in which the maximum cap is reached.

15.2 Vacation scheduling.

After their first twelve months of employment (except for lateral hires), all employees are expected to schedule a minimum of 40 hours of vacation annually. Available dates will be open for selection based on seniority.

No more than one person in each classification/rank may be on vacation or other types of off duty hours at any given time.

15.3 Sign up process.

Vacation schedules shall be posted annually. Vacation sign up will occur during the month of January and be completed by January 31. Sign up shall be on the basis of Department seniority.

Senior employees shall have first preference, unless exercise of such preference interferes with the service of the Department.

There will be two (2) separate rounds during which sign up will occur:

1. Round One. Everyone must sign up for a minimum of 40-hours of vacation.

The maximum number of days any person may schedule is limited to the number of total vacation hours that person anticipates accruing prior to the scheduled vacation date.

2. Round Two. A member may sign up for additional vacation hours if they have additional accrued hours still available. Sign up is not mandatory during round two.

Vacation accruals must be earned prior to use. Employees are not authorized to have a negative vacation accrual at any time.

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For special circumstances or unforeseen situations, upon written request, the Police Chief may approve vacations that do not conform to this section.

The Police Chief retains the right to deny the vacation period requested by an employee, or require that an employee reschedule a scheduled vacation when the Police Chief determines that doing so is in the interests of the service of the Department, in which case the Department will work with the employee to schedule alternative dates for his/her vacation.

Holiday exclusion. Vacation time shall not be charged for any regular holidays occurring during the vacation period.

ARTICLE 16: BEREAVEMENT LEAVE
Each member of the Association shall be entitled to twenty-four (24) hours of bereavement leave each fiscal year for serious illness, disability, or death in the employee’s immediate family.

Immediate family is defined as the employee’s spouse, child, step-child, parent, step-parent, grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and brother-in-law, or any other person approved by the Police Chief. The Police Chief may require the employee furnish satisfactory proof to substantiate the use of bereavement leave. Bereavement leave shall not be subtracted from an employee’s sick leave account and shall not accrue from one fiscal year to the next.

ARTICLE 17: SICK LEAVE
Each member shall accrue eight hours of sick leave per month. Sick leave is to be used in accordance with the procedure(s) outlined below and in the Personnel Ordinance of the Municipal Code.

Employees may use paid sick leave for any of the following purposes:

A. Diagnosis, care, or treatment of an existing health condition of the employee or his or her family member. For the purposes of paid sick leave, family member includes the unit member’s child, parent, spouse, domestic partner, parent-in-law, grandparent, grandchild, or sibling;
B. Preventative care for the unit member or the employee’s family member; and C. Other purposes as authorized by Labor Code Section 246.5.

Sick leave shall be charged against an employee’s credit only for regular working days and shall not be charged for time absent on holidays or other authorized days off. Charges against an employee’s credit shall be rounded off to the lowest hour, for example:

Time off work Time charged
59 minutes or less 0
1 hour 1 hour
1 hour and any segment of the next hour 1 hour
Use of sick leave of 59 minutes or less, with written physician verification or other required certification, shall not be charged to an employee’s sick leave account.

Use of sick leave of 59 minutes or less, without written physician verification or other required certification, shall be charged to employee’s sick leave account in 15 minute increments.

If an employee becomes sick on scheduled vacation time, the Police Chief may, with acceptable documentation, authorize the use of sick leave instead of vacation leave.

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Employees who are away from work for three consecutive workdays or more, or upon request by the Police Chief, may be required to provide a doctor’s release to work to ensure their sufficient recovery to perform their regularly scheduled duties. At the request of the employee’s supervisor, employee off work for less than three consecutive workdaysmay be required to provide a doctor’s release prior to being allowed to return to work.

17.1 Employees terminated from City employment.

Employees terminated from City employment shall not receive any compensation for accumulated sick leave. However, as required by Labor Code Section 246(g)(2), if the employee returns to work for the City within one (1) year of separation, previously accrued but unused paid sick leave hours shall be available for use, except those hours for which the employee was paid upon resignation or retirement.

17.2 Employees hired after November 1, 1984.

Employes hired after November 1, 1984 shall be able to accumulate an unlimited number of sick leave hours. A maximum of six hundred (600) base hours will be the total amount on which the City will base reimbursement to the employee upon termination or resignation from employment.

This provision does not apply to employees with less than five (5) years of continuous service whom shall not be entitled to any compensation under this section.

A. Resignation from employment after five (5) years will result in reimbursement at 25% of 600 hours maximum, paid at the hourly rate at the time of resignation.

B. Retirement from City employment after five (5) years and with proof ofsubmission of application for retirement from CalPERS will result in reimbursement at the rate of 50% of 600 hours maximum, paid at the hourly rate at the time of retirement.

C. Employees who are terminated for cause or misconduct are ineligible for sick leave pay-out.

17.3 Use of accrued sick leave for other purposes.

Upon approval of the Police Chief, accrued sick leave may be used to accommodate the need for additional hours in the case of serious illness, disability, or death in the employee’s immediate family.

Immediate family is defined as the employee’s spouse, child, step- child, parent, stepparent, grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and brother-in-law, or any other person approved by the Police Chief. The Police Chief may require the employee to furnish satisfactory proof to substantiate the use of sick leave for this purpose.

17.4 Sick leave service credit.

Pursuant to Government Code Section 20965 and the City’s CalPERS retirement contract, an employee may elect to use sick time available to him/her under the provision of the contract for sick leave service credit. If an employee elects to use sick leave available for service credit, such time cannot also be applied to the “sell back” provision under this section.

ARTICLE 18: CATASTROPHIC ILLNESS/SICK LEAVE HOURS TRANSFER To be eligible to receive leave under this policy, an employee must have either a catastrophic illness or incurred a major injury from an accident. Eligibility for this policy shall be at the sole discretion of the City Administrator. Generally, the illness or accident recovery period must be EXHIBIT A ATTACHMENT 2

longer than three weeks for an employee to be eligible, though the City Administrator will evaluate each request and may modify this time period based on the facts and circumstances of each case.

An employee who is determined to be eligible may request other employees transfer leave to that employee, to be used by the receiving employee as sick leave. The employee requesting the transfer of sick leave hours must have reached zero balances in all of his or her own leave banks, including sick leave, vacation, compensatory time, and general leave An employee desiring to transfer hours to the eligible employee must maintain a minimum balance of 120 hours after the transfer has been deducted from the donor’s sick leave account.

To use this program, a member must make a request to the Police Chief. The member must state the reason for the request and the approximate number of hours he or she believes will be needed.

The Police Chief will forward the member’s request to the Human Resources office. Upon receipt of a request from the Chief of Police, the Human Resources office shall:

A. Present the request to the City Administrator for authorization and determination of the validity of the request.

B. Disseminate notices to Municipal Departments stating an employee is in need of sick leave hours and request interested donor employees to contact the Human Resources Office.

C. Maintain the confidentiality of the employee(s) who donates sick leave hours to the employee in need.

D. Notify the appropriate designated staff to make the transfer of sick leave hours when the transfer is approved.

Upon a presentation of a request from the Human Resources office, the City Administrator shall:

A. Review the request for participation in the program.

B. Authorize or deny the transfer of sick leave hours pursuant to the request.

ARTICLE 19: PHYSICAL EXAMINATIONS
Each employee under the age of forty-five (45) shall be entitled to a physical examination every other year during the term of the contract, subject to the financial guidelines stated in this section.

Employees in this category who had a City paid physical in the fiscal year just prior to the fiscal year of this contract shall not be entitled to a City paid physical during the period of this contract.

Employees who turn forty-five (45) years of age during the term of this contract shall be entitled to one City paid physical per year after attaining that age and subject to the financial guidelines stated in this section. Employees who turn forty-five (45) years of age or older shall be entitled to one City paid physical examination per fiscal year, subject to the financial guidelines stated in this section.

The City shall pay up to two hundred and twenty-five dollars ($225.00) for the physical examination and accompanying tests. Any expense in excess of this amount shall be borne by the employee.

A licensed physician of the employee’s choice may perform physical examinations. The physician EXHIBIT A ATTACHMENT 2

shall complete a Physician Evaluation Report Form. Payment shall be made upon receipt by the Human Resources Office of the form and a statement of all charges, within ninety (90) days from date-of-service.

During the term of the Agreement, the City agrees to meet with representatives of the POA, as well as all other unions and associations, to discuss a City-wide wellness program.

ARTICLE 20: WORK SCHEDULES, OVERTIME COMPENSATION AND

COMPENSATORY TIME

20.1 Work schedule.

The Police Chief shall maintain sole discretion to determine the work schedule that best addresses the needs of Department operations.

Schedules will generally be assigned based on the position or assignment held by employees using one of the following:

A. Regularly scheduled 5-8 (the 5/40 schedule)
Regularly scheduled eight (8) hours per day and five (5) days per work week.

B. Regularly scheduled 4-10 (the 4/10 schedule)
Regularly scheduled ten (10) hours per day and four (4) days per work week.

C. Regularly scheduled 12 (the 3/12 schedule)
Regularly scheduled six (6) twelve (12) hours day and one (1) eight (8) hour day to total 80 hours in a two (2) week work cycle.

The Police Chief retains the right to change the details of the above-listed schedules (e.g., days worked, hours worked) upon providing the Association 30 days’ prior written notice of such proposed changes and, upon request of the Association, meeting with the Association to discuss the proposed changes.

The Police Chief retains the right to assign employees to other shift schedules than those listed above, to change an employee’s schedule due to short-term staffing needs, and to change the schedule to which an employee is assigned as determined necessary by or appropriate by the Police Chief.

20.2 Extended work shifts.

Notwithstanding the discretion of the Police Chief regarding scheduling, an officer will not be required to work a night shift contiguous with a day shift during the same week.

If an employee is required to work more than two (2) hours beyond the end of the normal shift, he/she will be given an additional 30-minute unpaid meal break.

20.3 FLSA.

The parties believe that the pay practices carried out pursuant to this Agreement are fully compliant with the Fair Labor Standards Act (FLSA).

20.4 Work Periods.

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A. Sworn Employees. Employees in sworn classifications are assigned to a 14-day work period under section 207(k) of the Fair Labor Standards Act. Under this 7(k) exemption, non-exempt peace officers are eligible for FLSA overtime only for hours actually worked in excess of 86 hours in a 14-day work period. Vacation, sick leave, and other time off does not constitute hours actually worked for purposes of calculating FLSA overtime.

B. Non-Sworn Employees. Employees in non-exempt non-sworn positions are scheduled according to a 7-day work period and are only entitled to FLSA overtime when they actually work in excess of 40 hours in a 7-day period. Vacation, sick leave, and other time off does not constitute hours actually worked for purposes of calculating FLSA overtime. The work period for non-sworn employees assigned to a 3/12 schedule starts as follows:

Shift Day Time
A Shift — Days Saturday 1500 hours
A Shift — Sunday 0300 hours
B Shift — Days Saturday 1100 hours
B Shift — Saturday 2300 hours
Relief Shift Friday 1500 hours
The Police Chief will maintain records of the start and end times of work periods for all employees.

20.5 MOU Overtime.

In addition to FLSA overtime, the City shall provide non-exempt employees MOU overtime which shall be paid at time and one-half for all daily work performed over an employee’s normal eight (8), ten (10), or twelve (12) hour work shift. Paid time off shall be counted as time worked for the purposes of calculation of MOU overtime.

20.6 Compensatory Time.

Employees entitled to overtime compensation may, in-lieu of monetary compensation for statutory overtime, choose to take compensatory time off at a rate of not less than one and one-half hours for each hour of overtime worked. Compensatory time shall only be granted upon approval of the Police Chief.

Accrued compensatory time must be permitted to be used within a “reasonable period” of time as long as it does not “unduly disrupt” the operations of the agency. (Per FLSA guidelines).

Members may accrue up to 120 hours of compensatory time (equivalent to 80 hours at time and onehalf). In the first pay period of June and December of each year, members may cash out any accrued compensatory time beyond 80 hours. Any cash out may not result in a compensatory time bank of fewer than 80 hours.

Any unused balance of earned compensatory time in an employee’s Comp Bank is subject to payment at time of separation at the employee’s current regular rate of pay.

At any time the City may elect to pay down compensatory time balances all or in part.

ARTICLE 21: PREMIUM PAYS AND SHIFT DIFFERENTIALS

21.1 Call-Back Pay.

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In situations where an employee has officially clocked out at the completion of his or her workday and is subsequently called back to work during a nonscheduled period of time, the employee shall be granted a minimum of two (2) hours overtime. Call Back also applies when an employee is called in prior to the start of a scheduled shift for the same day, ultimately clocks out, and then later that same work day clocks back in to begin the normally scheduled shift.

If the Call-Back time is contiguous with a regularly scheduled work shift, the employee will be paid overtime for the exact amount of time actually worked with no minimum Call-Back compensation.

21.2 Call In Pay.

In situations where the employee is called into work on a work day that was not originally scheduled prior to the time called in, the employee will be granted a minimum of four (4) hours of Overtime.

21.3 Stand-By Pay Status.

When staffing levels fall below established operational minimums as determined by the Police Chief, the Police Chief may recommend for the City Administrator’s approval, a Stand-By Status to ensure continuity of essential public safety services. Activation shall occur only upon written approval of the City Administrator or designee.

A. Employees assigned to Stand-By Pay Status are required to either immediately answer the phone or return a phone call from the Department within fifteen (15) minutes of being called and must be able to report for duty within one (1) hour of being directed to do so. Employees shall not consume intoxicants or engage in any activity that would prevent an immediate response. Travel outside the area that could reasonably be expected to extend response time beyond one hour from initial notification is prohibited during the Stand-By period. Failure to timely respond or report for duty when contacted will result in forfeiture of Stand-By Pay for that 24-hour period and the employee may also be subject to disciplinary action.

B. Any member who is voluntarily or involuntarily placed on Stand-By Pay Status during staffing shortages or for purposes other than for a subpoenaed court appearance shall be compensated $200 for each 24-hour period starting at the time they are placed on stand-by.

C. Any member called to duty while on Stand-By Pay Status shall receive a minimum of two (2) hours of overtime compensation, in addition to the $200 for each 24-hour period on such status, plus regular pay for any additional hours actually worked after they arrive at the police department. The two (2) hour minimum overtime compensation commences upon contact between the department and the employee as outlined in section 21.3.A.

D. No employee shall be compensated for both stand-by pay and Call-Back Pay (21.1 Call-Back Pay) or Call-In Pay (21.2 Call In Pay) while assigned to Stand-By Pay Status.

E. No employee shall be placed on Stand-By Pay Status while on scheduled or unscheduled leave of absence.

F. No employee shall be placed on Stand-By Pay Status when scheduled to work the following day, or when the 24-hour period is contiguous with a scheduled work shift.

G. Stand-by assignments shall first be offered on a voluntary basis to all eligible employees on a first come first served basis. If insufficient volunteers are available, assignments shall be made on a rotating basis among qualified employees, utilizing reverse seniority on a monthly basis.

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H. Stand-by status shall remain in effect only as long as necessary to address the staffing shortage. The Police Chief shall terminate stand-by status once staffing levels are restored to operational minimums and shall notify employees accordingly.

21.4 Court Time and On-Call Pay.

A. Any member who is required to appear in court on off-duty time will receive a minimum of four (4) hours of OT pay for each day a member is required to appear in court. Such time is contiguous with the beginning or end of the employee’s regular work period, a one (1) hour OT minimum will be paid. The four (4) hours or one (1) hour payment will be the minimum a member shall receive, per day, for a required court appearance while the member is off duty. If the court appearance exceeds four (4) or one (1) hours, the member shall receive overtime for the duration of the appearance.

B. Any member who has received a subpoena and is placed on “on-call” status for a court appearance and is not actually required to appear in court on that day, shall receive four (4) hours of pay at the member’s regular rate. During the period of “on- call” time, the employee shall be available at a specific phone and available to appear in the appropriate court within one hour.

C. In no case will there be double compensation for overlapping court hours due to multiple court appearances.

D. Unless the employee uses a company vehicle for the appearance, the employee shall be reimbursed for the round trip mileage of either 1) the mileage between the Police Station and the location to which the employee is subpoenaed if the employee is reporting to court from the Police Station; or 2) the actual mileage the employee travels round trip between the employee’s home and the subpoenaed location, less the employee’s normal commuting distance.

E. No employee shall be paid under this provision and for other compensable time simultaneously.

21.5 Community Services Officers working as Police Services Officers.

When assigned to work as a Police Services Officer, Community Services Officers shall receive the hourly rate of pay for that classification, at their comparable step, for each hour assigned.

21.6 Shift Differentials (Non-Sworn).

The night shift period is defined as the hours from 7:00 p.m., to 7:00 a.m. Employees who are assigned to work at least eight (8) hours during the night shift period and who actually work at least eight (8) hours during the night shift period for all assigned shifts over thirty (30) calendar days, including paid time off, will receive a monthly shift differential. This applies to all shift schedules whether 8, 10, or 12 hours per day.

Compensation for the night shift premium will be the monthly amount of $250 for non- safety members.

21.7 Shift Differentials (Sworn).

The Night Shift is defined as the hours from 7:00 p.m. to 7:00 a.m.. The Cover Shift is defined by the Police Chief for supervisory coverage.

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Effective the first pay period following final ratification of this MOU, sworn employees regularly assigned to the Night Shift shall receive two and one-half percent (2.5%) of their base pay rate in shift differential pay. Beginning the pay period inclusive of July 1, 2026, the Night Shift differential pay shall increase to three and one-half percent (3.5%) .

Effective the first pay period following final ratification of this MOU, sworn employees regularly assigned to the Cover Shift shall receive two percent (2%) of their base pay rate in shift differential pay.

Sworn employees not regularly assigned to Night Shift but required to work the cover Night Shift will be provided with a flat rate of twenty-five dollars ($25) per covered shift.

21.8 Bilingual Pay.

Any member who has demonstrated that he or she is proficient in speaking, understanding, and reading Spanish, as determined by the Police Chief, shall be compensated in the amount of $240 per month. The decision to authorize bilingual pay for a language other than Spanish is within the sole discretion of the City Administrator at the recommendation of the Police Chief.

ARTICLE 22: SPECIAL ASSIGNMENT PAY (SAP)

22.1SAP General Criteria:

A. Special Assignment Pay is to be of a determinate duration, with the Police Chief or his designee retaining sole discretion to determine when such assignment shall terminate and who shall be assigned. A member is only entitled to one special assignment pay at a time, with the exception of Evidence Custodian. In the event a member is assigned to more than one special assignment at a time, the higher special assignment pay shall be provided.

B. Rights to Administrative Appeal: For purposes of determining rights to an administrative appeal as provided for by Government Code 3304(b), the employee’s first day of performing duties in a special assignment shall be considered the employee’s “anniversary date” in such assignment.

C. Anniversary Date: The definition of “anniversary date” set forth within this section shall not apply to any other terms and conditions of employment which are based upon an employee’s anniversary date, and the application(s) of “anniversary” dates in said other contexts shall not be altered by virtue of this specialized assignment provision.

D. Removal from SAP:

1. If an individual is removed from a special assignment then a Government Code 3304(b) administrative appeal will be provided.

2. However, if the individual is noticed 30 days or more in advance of his/her special assignment anniversary date, removal from the special assignment will be effective at the conclusion of the last shift in an initial twelve (12) consecutive month period of assignment or any subsequent twelve (12) consecutive period of assignment from the anniversary date of assignment, in which case the individual shall receive no administrative appeal right of any type. Each individual, including incumbents, shall sign a waiver so agreeing.

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22.2 Detective.

Five percent (5%) of base salary when assigned as “Detective” by the Police Chief. The Detective special assignment pay does not apply to temporary assignments that may be made to Investigations from time to time. Detective must agree to maintain 24/7 capabilities from contact with the police department via a pager or cell phone and agree to return calls/pages within 10 minutes from time of call.

22.3 Motorcycle Pay.

Police Officers assigned to motorcycle duty as their primary assignment by the Police Chief will be required to successfully complete all identified training prior to assignment. Police Officers assigned to motorcycle duty shall receive a pay differential of three percent (3%) of base salary.

22.4 Field Training Officer (FTO).

Following final ratification of this MOU, Police Officers designated as FTO’s by the Police Chief shall be responsible for assisting in the training of new personnel and participating in the ongoing departmental training program as directed by the department administration. Employees must meet California POST and Police Chief requirements:

A. Must have a minimum of 3 years of patrol experience as a sworn police officer.

B. Must possess a POST Basic Certificate.

C. Must possess a POST approved FTO Course Certification prior to being selected for the assignment and remain in compliance with FTO certification requirement to be eligible for continued FTO pay.

D. Must have a meets standards or better performance evaluation. No sustained discipline in the last 18 months that would directly relate to the employee’s suitability for the assignment.

E. Must demonstrate strong knowledge and observance of department policy and procedures and a work history demonstrating professionalism and reliability.

F. FTO’s shall also serve as Acting Sergeants in the absence or disability of a regularly assigned Sergeant and assist the Shift Supervisor in the management and supervision of the assigned personnel.

Police Officers assigned as a FTO shall receive a pay differential of three percent (3%) of base salary.

22.5 Animal Control.

Five percent (5%) of base salary for Community Services Officer who is designated as the Animal Control Officer for the City.

22.6 Evidence Custodian.

Following final ratification of this MOU, two percent (2%) of base salary for non-sworn employees when assigned as Evidence Custodian by the Police Chief. The duties of the Evidence Custodian will include receiving and processing evidence, maintaining accurate property, completing audits, regular purging of evidence as defined in the Department’s policies and procedures, and other duties as assigned by the Police Chief. Given the highly technical job of the Evidence Custodian, the assignment may run EXHIBIT A ATTACHMENT 2

concurrently with Communications Training Officer assignment.

22.7 Communications Training Officer (CTO).

Police Services Officers (PSO) designated as a CTO by the Police Chief shall be responsible for assisting in the training of newly hired dispatchers. Employees must meet the following requirements to be considered for CTO:

1. Must posses the state-mandated certification of a dispatcher POST Public Safety Dispatcher Certificate prior to being selected for the assignment.

2. Must have a meets standards or better performance evaluations with no active disciplinary actions.

3. Must demonstrate strong knowledge and observance of department policy and procedures and a work history demonstrating professionalism and reliability.

CTO’s shall receive three percent (3%) of base salary only during the period of time when assigned to train a newly hired dispatcher. The additional pay shall commence on the first day of the pay period during which the training assignment begins and shall cease on the last day of the pay period during which the training assignment ends.

Effective the pay period inclusive of July 1, 2026, special assignment pay for CTO shall increase to five percent (5%) of base salary.

22.8 Training Travel Time.

Travel time will be compensated consistent with the requirements of the FLSA. Travel to mandated training (e.g., POST or Department required training), is not credited toward overtime except to the extent it necessarily occurs during scheduled work time.

ARTICLE 23: INSURANCE PROGRAMS
The City offers a variety of insurance protection programs for the employee and dependents. Some protection is provided through fully insured instruments. Other protection is provided through a City self-funded program. Other protection is employee funded.

For the purpose of this section the following definitions and groupings of coverage shall exist:

A. Non-Elective (Core): Mandatory coverages (Employer Paid)

1. The mandatory contribution required by CalPERS for each employee enrolled in the medical protection program in the non-elective City contribution/premium toward the medical program. During the term of the MOU, the non-elective City contribution is as described in Article 21.3.

2. Employee/Dependent dental premium, established by the City’s broker of record for the self-insured dental plan, depending on the level of coverage chosen.

3. Collective employee/dependent vision premium established by the City’s broker of record for the self-insured vision plan.

4. Basic $30,000 life insurance premium (available only to full-time employees).

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5. Accidental Death and Dismemberment Policy (available only to full-time employees).

B. Elective (non-core) coverages, available for purchase with flexible spending monies given each eligible employee:

1. Employee and/or dependent medical coverage in the CalPERS Program less the mandatory per month required employer payment.

2. Optional (Supplemental) Life Insurance (if available).

3. I.R.C. Section 125 — Flexible Spending Account.

4. I.R.C. Section 125 — Dependent Care.

C. Opting Out (Medical Program Only: Full-time and benefited regular parttime employees may elect not to participate in the CalPERS medical plan.

Anyone opting out shall only be eligible to take cash in the amount of $291 (or the current City authorized amount if higher) per month, providing they meet the following condition(s):

1. They shall submit proof of legally compliant coverage elsewhere.

2. They shall sign a medical plan waiver.

3. Married employees shall be required to obtain the signature of their spouses on the medical plan waiver form.

4. Employees under legal order to provide medical coverage for any dependents shall only be permitted to opt out after showing proof of coverage for each dependent identified in such legal order.

D. Section 125 Plan: The City’s insurance plan is structured within this taxdeferred program. This is an Internal Revenue Code permitted plan. A third party administrator provides administration of the plan. The City pays administrative fees.

20.1 Medical Insurance Contributions:

A. CITY will contribute a monthly contribution on behalf of employees and dependents enrolled in the City sponsored PEMHCA plan.

B. The City shall contribute toward employee medical premiums in an amount not to exceed eighty percent (80%) of CalPERS CHOICE until such time as Association members are enrolled with Peace Officers Research Association of California (PORAC).

C. Upon enrollment in PORAC insurance program, the City contribution shall not exceed eighty percent (80%) premium for employees and dependents enrolled in PORAC plan.

D. Eighty percent computation includes the non-elective, mandatory CalPERS premium.

EXHIBIT A ATTACHMENT 2

ARTICLE 24: OTHER BENEFITS

24.1 Jury Duty.

The City provides time off with no loss of salary for employees who must fulfill jury duty obligations.

Employeesshall be entitled to keep themileage reimbursement for such service. Any per diem amount received by the employee shall be signed over to the City.

24.2 Employee Payroll Deductions.

The City, upon authorization from any employee, shall make direct deposit(s) to the financial institution of the employee’s choice providing the City has the compatible technology to do so Employee funded insurance programs and deductions for deferred compensation programs shall be paid through payroll withholding.

24.3 Police Uniform Purchase — Initial.

The City shall furnish safety equipment for all Police Department members as required by the Police Chief. The CITY shall furnish the following initial uniform for all Police Department employees represented by the Association.

1. Police Officer:
a. 2 pair wool pants
b. 2 name tags
c. 1 long sleeve wool shirt
d. 3 blend shirts (long/short sleeve)
e. 1 night jacket
f. 1 police cap
g. 2 regulation neckties
h. 10 shoulder patches
i. 1 pair shoes
j. 1 dress belt
k. 1 Class “A” jacket (Admin. Only)
l. 2 tie clips

2. Non-sworn member:
a. 2 pair pants
b. 2 name tags
c. 2 long sleeve shirts
d. 2 short sleeve shirts
e. 1 sweater
f. 1 night jacket
g. 1 police cap
h. 2 regulation neckties
i. 10 shoulder patches
j. 1 pair shoes
k. 1 dress belt
l. 2 tie clips

24.4 Tuition Reimbursement Plan:

EXHIBIT A ATTACHMENT 2

The CITY will reimburse any member of the Association who has completed his/her original-hire probationary period, an amount not to exceed a total of $1,500 for a single fiscal year for the successful completion of any job related courses at the college level. This program covers courses taken at or sponsored by accredited colleges or universities only. Any such courses must have the approval of the Police Chief and Human Resources Manager prior to beginning the course. Failure to complete the approval process may result in denial of tuition reimbursement.

Reimbursement will be made for books and tuition upon presentation of proof of successful completion of approved courses. These courses are for the benefit of the employee, the City and the Police Department.

The employee shall take all such courses during off-duty hours.

24.5 Tuition Reimbursement Plan - Process for Applying for Coursework Approval:

Forms. Requests for reimbursements of tuition shall be made on forms provided by the City.

Information required shall include the college or university at which the course is to be taken, the catalog number of the course, title of the course, number of semester hours and the estimated cost for tuition and books.

A brief statement of how the course(s) will be applicable to the work of the employee and/or benefit to the performance of the employee’s duties with the City shall be included.

Payment. Upon successful completion of the course(s), it will be the responsibility of the employee to provide proof of satisfactory completion of the course(s) and receipts for tuition, books, and other related costs. Processtiming requirements are those identified in section 6.6 of this MOU.

24.6 Wellness Reimbursement.

The City will provide any employee in the unit with a reimbursement of up to $25/month to defray costs of a membership to a licensed gym/health club/fitness facility of the employee’s choosing. This reimbursement will be provided on a semi-annual basis in arrears (July and January).

In order for employees to be reimbursed, they must provide evidence of payment for such membership in the form of cancelled checks, a credit card statement, or other payment verification deemed acceptable by the Finance Manager which provides verification the membership payment over a six-month period.

Requests for reimbursements must be received by the City no later than the end of the month following the reimbursement period (e.g., requests for reimbursements for the period July- December must be received by the City on or before January 31st
; requests for reimbursements for the period
January — June must be received by the City on or before July 31st ) in order to receive payment.

24.7 Layoff Policy.

Per Resolution 92-90, the policies and procedures for the layoff of City employees shall apply to members of the ASSOCIATION covered under this MOU.

ARTICLE 25: IMPASSE RESOLUTION

25.1 Impasse Defined.
“Impasse” means that the representatives of the City and a recognized employee organization have EXHIBIT A ATTACHMENT 2

reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.

25.2 Initiation of Impasse Procedures.

If the meet and confer process has reached impasse as defined above, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. The City Administrator shall then schedule an impasse meeting promptly.

The purpose of such meeting shall be: (a) to allow the parties to review each other’s position in a final effort to reach agreement on a Memorandum of Understanding; and (b) to discuss arrangements for the utilization of the impasse procedures if the impasse is not resolved.

25.3 Mediation.

The parties agree that if the impasse is not resolved the dispute shall be submitted to a mediator from the California State Mediation and Conciliation Service. Costs for mediation services, if any, shall be borne equally by the City and the Employee Association.

All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.

ARTICLE 26: SHIFT SCHEDULING
The Patrol and Police Services Units of the Police Department shall maintain a rotational watch program. Members of these units will select their watch by seniority subject to administrative approval. The program shall include the following provisions:

A. Shift rotation will occur each six months during the months of July and January.

B. Vacancies on a particular watch shall be made known to all personnel and will be filled by seniority subject to administrative approval.

C. Shift change will be determined on a six (6) month rotation with a two (2) consecutive shift maximum. Officers having served two (2) consecutive shifts must select a different shift.

D. To insure balanced training and experience of all officers, the Police Chief may direct any individual to serve one rotation on a specific shift, regardless of seniority.

E. Any required work day of fewer than 12 hours, that is part of the Member’s regular schedule, will be scheduled at the beginning or end of the Member’s regular work week.

ARTICLE 27: WORKERS COMPENSATION SALARY CONTINUATION
Whenever any full-time, miscellaneous (Non-Safety) employee as defined by the Public Employees’ Retirement System (PERS), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his/her duties, he/she shall become entitled, regardless of his/her period of service with the City, to leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, for the period of the disability, but not exceeding six months, or until such earlier date as he/she returns to duty or is retired on EXHIBIT A ATTACHMENT 2

permanent disability pension in accordance with the rules/regulations governing such retirement.

If the period of disability extends beyond the six-month period, full salary continuation shall be discontinued and the employee shall be entitled to legal allowances provided under Workers’ Compensation Laws of the State of California which may be integrated with any other compensation to which the employee may be entitled, i.e., Long Term Disability coverage.

During the six months or less period of disability, the employee who suffers such injury/illness arising out of and in the course of his/her duties shall continue entitlement to all benefits as would have been afforded that employee had he/she not have suffered such injury/illness.

ARTICLE 28: MANAGEMENT RIGHTS
It is understood and agreed that the CITY retains all of its powers and authority to manage municipal services and the work force performing those services.

It is agreed that during the term of this contract the CITY shall not be required to meet and confer on matters which are solely a function of management, including the right to:

A. Determine and modify the organization of City government and its constituent work units.

B. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.

C. Determine the methods, means, and the numbers and kinds of personnel by which services are to be provided.

D. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.

E. Establish employee performance standards and to require compliance therewith.

F. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law including the current Personnel Ordinance.

G. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.

H. Implement rules, regulations, and directives consistent with all applicable laws and the specific provisions of the Memorandum of Understanding. Take all necessary actions to not be subject to the grievance procedure unless specifically authorized by the Personnel Ordinance or other applicable law.

ARTICLE 29: SEPARABILITY
If a court of competent jurisdiction finally determines that any provision of the Memorandum of Understanding is invalid and unenforceable, such provision shall be separable, and the remaining provisions of the Memorandum of Understanding shall remain in full force and effect.

EXHIBIT A ATTACHMENT 2

ARTICLE 30: SIGNATURES
This Memorandum of Understanding sets forth the full and complete understanding between the parties hereto. Any items from previous agreements not addressed in this agreement are carried forward. The parties agree that all financial provisions stated herein shall be effective and implemented the first pay period following final ratification of this MOU.

For the City of Carmel-by-the-Sea:

X
Brandon Swanson
Assistant City Administrator
X
Zach Lopes
Attorney
X
Marisa Bermudez
HR Manager
For the Carmel-by-the-Sea Police Officers Association:

X
Stuart Adams
Lead Negotiator
X
Joe Martis
CPOA President
X
Timothy Ament
Police Officer
EXHIBIT A ATTACHMENT 2

Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Hourly: $59.85 $61.65 $63.50 $65.41 $67.37
Monthly: $10,374.00 $10,686.00 $11,006.67 $11,337.73 $11,677.47 Annual: $124,488.00 $128,232.00 $132,080.00 $136,052.80 $140,129.60 Hourly: $68.84 $70.91 $73.04 $75.23 $77.49
Monthly: $11,932.27 $12,291.07 $12,660.27 $13,039.87 $13,431.60 Annual: $143,187.20 $147,492.80 $151,923.20 $156,478.40 $161,179.20 4% effective January 16, 2026
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Hourly: $31.02 $32.57 $34.21 $35.91 $37.71
Monthly: $5,376.80 $5,645.47 $5,929.73 $6,224.40 $6,536.40 Annual: $64,521.60 $67,745.60 $71,156.80 $74,692.80 $78,436.80 Hourly: $33.46 $35.13 $36.89 $38.73 $40.66
Monthly: $5,799.73 $6,089.20 $6,394.27 $6,713.20 $7,047.73 Annual: $69,596.80 $73,070.40 $76,731.20 $80,558.40 $84,572.80 Hourly: $38.48 $40.40 $42.42 $44.54 $46.77
Monthly: $6,669.87 $7,002.67 $7,352.80 $7,720.27 $8,106.80 Annual: $80,038.40 $84,032.00 $88,233.60 $92,643.20 $97,281.60 Police Officer P-3
Police Sergeant P-5

POLICE NON-SWORN CLASSIFICATIONS
Community Services Officer P-1
Police Services Officer P-2
Police Services Supervisor P-4

POLICE SWORN CLASSIFICATIONS
City of Carmel by the Sea SALARY SCHEDULE
Effective January 16, 2026

POLICE OFFICERS ASSOCIATION
City Council Meeting: January 13, 2026 |Reso #2026-xxx
EXHIBIT B ATTACHMENT 3

2.5% effective July 1, 2026
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Hourly: $61.35 $63.19 $65.09 $67.04 $69.05
Monthly: $10,634.00 $10,952.93 $11,282.27 $11,620.27 $11,968.67 Annual: $127,608.00 $131,435.20 $135,387.20 $139,443.20 $143,624.00 Hourly: $70.56 $72.68 $74.86 $77.11 $79.42
Monthly: $12,230.40 $12,597.87 $12,975.73 $13,365.73 $13,766.13 Annual: $146,764.80 $151,174.40 $155,708.80 $160,388.80 $165,193.60 4% effective July 1, 2026
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Hourly: $32.26 $33.87 $35.58 $37.35 $39.22
Monthly: $5,591.73 $5,870.80 $6,167.20 $6,474.00 $6,798.13 Annual: $67,100.80 $70,449.60 $74,006.40 $77,688.00 $81,577.60 Hourly: $34.80 $36.54 $38.37 $40.28 $42.29
Monthly: $6,032.00 $6,333.60 $6,650.80 $6,981.87 $7,330.27 Annual: $72,384.00 $76,003.20 $79,809.60 $83,782.40 $87,963.20 Hourly: $40.02 $42.02 $44.12 $46.32 $48.64
Monthly: $6,936.80 $7,283.47 $7,647.47 $8,028.80 $8,430.93 Annual: $83,241.60 $87,401.60 $91,769.60 $96,345.60 $101,171.20 Police Services Supervisor P-4

POLICE OFFICERS ASSOCIATION
City Council Meeting: January 13, 2026 |Reso #2026-xxx

POLICE SWORN CLASSIFICATIONS
Police Officer P-3
Police Sergeant P-5

POLICE NON-SWORN CLASSIFICATIONS
Community Services Officer P-1
Police Services Officer P-2

SALARY SCHEDULE
Effective July 1, 2026 City of Carmel by the Sea
EXHIBIT B ATTACHMENT 3

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
January 13, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jacob Olander, Assistant Planner
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Consider adoption of Resolution 2026-008 adopting a Roofing Materials Policy regarding roofing materials, including but not limited to metal roofs (Estimated time - 40 min)
RECOMMENDATION:

Staff Recommends the City Council Adopt Resolution 2026-008 (Attachment 1):
1) Finding that adoption of a roofing policy is not a project under CEQA as defined in Public Resources Code Section 21065 and CEQA Guidelines Section 15378, because adoption of a policy does not approve a project, result in a physical impact to the environment or contemplate future known projects; and
2) Adopting a Roof Materials Policy regarding roofing materials, including but not limited to metal roofs.

BACKGROUND / SUMMARY:

EXECUTIVE SUMMARY
In recent years, Community Planning and Building has received an increase in applications for alternate roof materials due to concerns over fire safety and fire insurance. Applicants have proposed PVC for flat roofs, green roofs, metal roofs, and composition shingle roofs as alternate materials to the traditional wood shake roof.

Pursuant to the City’s current Design Guidelines and 2016 roofing policy, authorizing the use of alternative materials, especially metal, requires approval by the Planning Commission. In order to establish parameters for approvable materials and colors, the Planning Commission directed staff to present discussion topics and a draft policy.

Discussions before the Planning Commission took place during the January 15, 2025, February 11, 2025, March 12, 2025, and June 11, 2025, Commission meetings. On

June 11, 2025, the Planning Commission recommended that the City Council adopt a new formal Roofing Materials Policy. Once the attached Resolution is adopted (Attachment 1), the new Roofing Materials Policy (Attachment 2) will replace the policy adopted by the Planning Commission in March 2016.

BACKGROUND AND PROJECT DESCRIPTION
As summarized above, recent applications have incorporated alternate roofing materials that deviate from the Carmel-by-the-Sea Design Guidelines (Residential Design Guideline 9.8 states that metal, plastic, and glass roofs are inappropriate in all neighborhoods). One of the main reasons stated by applicants is the concern over fire safety and risk of losing home insurance coverage. Applicants have proposed PVC roofing for flat roofs, green roofs, metal roofs, synthetic faux wood and slate, and composition shingle roofs as alternate materials to the traditional wood shake roof.

When a deviation from the Design Guidelines is proposed, the Carmel-by-the-Sea Municipal Code (CMC) section 17.58.060.D, states that “the Director, Historic Preservation Board, or the Planning Commission shall adopt specific findings based on information in the record to show how the deviation from the design guidelines achieves all of the applicable design objectives of CMC 17.58.010 Purpose and Applicability”.

The Planning Commission has approved metal roofs for projects based on their fit with the architecture of the structure and the neighborhood character, and finding that the deviation complied with CMC section 17.58.060.D. Similarly, the Planning Commission has approved composition shingle roofs for projects.

PRIOR ROOFING SUBCOMMITTEE:

In 2016, a Roofing Subcommittee of the Planning Commission reviewed alternate roofing materials and provided recommendations on an alternate roofing materials policy. The main charges of the Roofing Subcommittee were: 1) consider expanding the City’s list of acceptable roofing materials, 2) potentially develop new criteria for acceptable alternate roofing materials, and 3) make a recommendation on changes to the processing of re-roof applications to the full Planning Commission. The subcommittee recommended administrative approval of certain alternate roof materials that “mimic the texture, thickness, and color of natural roofing materials.” The recommended list included synthetic products (CeDUR shakes, DaVinci Shake or Slate, EcoStar Shake Slate, and Metal Tiles) and generic products, in addition to natural material products (clay tiles, ceramic tiles, and light-weight concrete tiles). In addition to these lists, it was noted that all approvable materials would be limited to earth toned colors. The discussion on roofing occurred at the February 2016 Planning Commission meeting and the policy was adopted at the March 2016 Planning Commission meeting.

The list of administratively approvable products has expanded including the addition of low SRI metal standing seam metal roofs.

RESIDENT FEEDBACK:

Some residents have expressed concerns about metal roofs and high-contrast composite shingle roofs. These residents have stated that the metal roofs are inappropriate for all neighborhoods and believe that they are eroding the village character. These residents have also expressed their distaste with the abundance of

high contrast color schemes (trim/roofing and white siding). The Planning Commission has previously set precedents for the staff to approve earth-tone metal roofs and composite shingle roofs. Some residents have continued to voice their concerns over earth-toned metal roofs, leading staff to refer nearly all metal roofs to the Planning Commission once again.

At the January 15, 2025, Planning Commission meeting, many residents expressed their support for metal roofing throughout town. There was discussion of the recent fires down in Los Angeles and the merits of metal as noncombustible, as opposed to fireresistant, roofing material. There were also residents that expressed their continued concern about the seeming abundance of proposed metal roofing for recent projects.

They stated that the metal roofs contradict the design guidelines and erode the character of the village and are inappropriate in all neighborhoods (per the Carmel Design Guidelines).

At the June 11, 2025 Planning Commission meeting, the Commissioners adopted a resolution recommending that the City Council adopt the Roofing Materials Policy. The Planning Commission directed specific changes to the policy and resolution that should be incorporated into the documents before presenting the policy to the City Council for consideration. These changes included the addition of findings for deviations from the Design Guidelines, the addition of the prohibited roofing materials, and the request for an environmental analysis of the roofing materials.

CITY COUNCIL ROOFING MATERIALS DISCUSSION
The intent of this meeting is for staff to present the draft policy to the City Council and receive feedback A resolution for adoption has been drafted, so the Council has two options:

1. Adopt the policy at this meeting, which could include some minor changes; or

2. Provide more substantial changes to stuff, and direct them to return at a future date with a final draft of the policy for adoption.

Direction from Previous Planning Commission Meeting(s):

The following is a list of direction and questions received at previous Planning Commission meetings. The sections following this list provide the responses to each one.

1. Bring feedback from insurance companies on preferred roofing materials.

2. Have representation from the Fire Department to speak at the next Planning Commission meeting.

3. Provide roofing material samples.

4. Provide a list of architectural styles where a metal roof is appropriate.

5. Provide draft standards/guidelines for roofing policy in line with the Design Traditions Committee.

6. Add findings for deviations from the design guidelines to the resolution.

7. Add prohibited roofing materials to the Roofing Materials Policy.

8. Conduct an environmental analysis of roofing materials to the roofing policy.

Insurance Companies:

Staff spoke with Mathew Little from Carmel Insurance regarding fire insurance and roofing materials. He stated that roughly 80% of insurance agencies would not provide fire insurance for homes with wood roofing. The other 20% would provide insurance if the wood shake is fire treated regularly, and that there is no guarantee of continued coverage long term. There are concerns about the length of time that fire treatment will last on wood roofs and how often it will need to be treated. Additionally, Little speculated that wood roofs might be more insurable outside of forests. He stated that roofs with class A assembly utilizing metal, composite shingle, terra cotta clay tiles, slate, and membrane roofing are all insurable for approximately 20-25 years before a new roof would be required. He stated that there was the possibility of insuring roofs for a longer period if a contractor prepared a report stating that the roof is in good condition.

He did not indicate any preference from insurance companies on non-wood roofing material.

Based on the conversation with Carmel Insurance, staff has determined that all class A assembly non-wood roofs would be able to obtain fire insurance, as well as some wood roofs. However, there is no indication that there are any alternate materials that are more insurable than any others.

Fire Representation:

Staff reached out to Monterey Fire to request their attendance during the March Planning Commission meeting to discuss alternate roofing materials. Interim Deputy Fire Marshal David Brown and Fire Chief Justin Cooper with Monterey Fire attended and answered questions relative to how Fire Departments view alternate roofing materials. They also answered any questions regarding general procedures for responding to fires. They provide information on the State Fire Marshal’s approved roofing materials list as well as materials that are not listed but are viable in the Very High Fire Severity Zone. Fire officials stated that their only consideration for roof materials is if it meets the California Building Code.

Roofing Material Samples:

Staff provided roof samples for the Commission to review in person at previous meetings. Staff provided samples of composite shingles, metal, faux slate and wood, and PVC with gravel ballast. Roof material samples will be available to review in person at the January 13, 2026 City Council meeting.

Architectural Styles for Metal Roofs:

The Planning Commission asked for a list of architectural styles where metal roofs would be appropriate. Staff determined that metal roofs are most appropriate on modern architecture and industrial architecture. However, Council Member Bob Delves mentioned that on a trip to Australia he noted that many of the homes of all different styles had metal roofs due to fire concerns. He stated that the metal roofs were tailored

to the architectural style of the building and therefore fit with any style fairly well. In Carmel-by-the-Sea, the typical architectural styles that have been approved for metal roofs are modern architecture (e.g. Bay Area Regional Modern, Ranch, and Post-War).

Two metal roofs were appealed to the City Council at the beginning of 2025. The City Council did not support limiting metal roofing based on the amount of other metal roofs in the immediate vicinity. They also expressed concerns about discretionary decisions supported by a finding that metal roofs fit the architectural style of building.

Environmental Analysis of Roofing Materials:

Planning staff met with the environmental compliance team to discuss an environmental analysis of roofing materials on July 14, 2025. In the meeting, Planning staff was provided an analysis of several roofing products in the form of a scorecard table. The analysis was limited because a more thorough review of the materials would need to be product specific, would require access to scientific periodicals, and would require a longer analysis (similar to the Copper Gutter Policy/Study). Based on the preliminary analysis, a composite shingle product scored the lowest on the scorecard, followed by an aluminum roof product, and clay tile scored the highest. As composite shingles are the most common roofing material to replace wood shingles in the city, it would be inappropriate to ban them in the city based on limited environmental analysis. Staff has determined that, if City Council would like to include anything in the policy regarding the environmental analysis, limiting allowed roofing materials to products with a 30 year lifespan or greater. This would allow all the materials in the policy to be approved, but give staff the ability to limit products to ones that will last longer and therefore create waste less frequently from roofing.

Draft Design Standard/Guidelines for Roofing Policy:

Staff used the alternate roofing materials policy adopted by the Planning Commission on March 2016, as a starting point for a draft roofing policy. Standing seam metal roofing and more notes on earth tones have been added. Staff removed any mention of SRI from the roofing policy. Discussion with the Design Traditions Steering Committee and the City Council has been around the fact that SRI is not a good metric for reviewing the glare of a roof, but instead relates to insulation. All allowable metal roofing will be a non-glossy/matte finish. The Design Traditions Steering Committee recommended that all alternate materials that are proposed should be designed to look like the material they are and not mimic other natural materials. This was taken into account when creating the draft roofing materials policy. However, there are some faux wood, terra cotta, and slate roofing materials that are on the list because their weight, look, and cost make them a good alternative to their natural counterparts. If the City Council deems the faux materials as inappropriate, they can be removed.

What the Policy Would Do
Below, is the proposed roofing policy draft for review and feedback. If adopted, the policy will allow all appropriate roofing materials to be approved administratively by staff, resulting in reducing review time, permit costs, and restrictions for appropriate alternate roofing materials. Additionally, implementation of the policy will continue to require

inappropriate roofing materials be referred to the Planning Commission for consideration.

Re-roofing Permit Process: Single-Family Residential Buildings Like for like re-roofs
Wood to wood Track 1 Design Study
Slate to slate
Tile to tile
Tar & Gravel to Tar & Gravel
And other natural materials
Track 1 Design Study
Comp to comp (**earth tones) Track 1 Design Study
Reroofs with change in material
New Materials: Slate, Tile (clay,
ceramic, and concrete), Tar &
Gravel and other natural
materials
Track 1 Design Study
Vertical Standing Seam Metal
Roof (**non-earth tones)
Design Study Track 1 with Planning
Commission referral required
Vertical Standing Seam Metal
Roof (earth tones)
Design Study Track 1
Metal Tiles Design Study Track 1
Tar and gravel to TPO or
similar (on single story flat roof)
Design Study Track 1
Wood to comp (**earth tones) Design Study Track 1
Wood to comp (**non-earth
tones)
Design Study Track 1 with Planning
Commission referral required
Synthetic Products Design Study Track 1
*See list of acceptable synthetic materials
below

Discouraged Roofing Materials – Permit applications
denied

1. Non-earth tone metal roofs;

2. Black or grey or high contrast composite shingle
roofs;

3. PVC roofs on second stories of residential
buildings;

4. Non-drought-resistant green roofs;

5. Corrugated plastic/corrugated metal roofs;
*Acceptable Synthetic Alternatives
CeDUR shakes
DaVinci shake or slates

EcoStar shake or slates
Brava shake or slates
**Earth tones shown in figure 1 below
Figure 1
Environmental Review:

Pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378, adoption of a roofing policy is not a project under CEQA as it does not approve a project, result in a physical impact to the environment or contemplate future known projects.

FISCAL IMPACT:

Costs associated with processing the Roofing Material Policy are captured in the FY25/26 Community Planning and Building Operating Budget PRIOR CITY COUNCIL ACTION:

N/A
ATTACHMENTS:

1. Resolution 2026-008

2. Exhibit A - Permit Process for Residential Reroofs (Proposed Roofing Materials Policy)

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-008

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

ADOPTING A ROOFING MATERIAL POLICY APPLICABLE CITY-WIDE WHEREAS, in March 2016, the Planning Commission accepted a roofing material policy prepared by the Roofing Subcommittee, specifying which types of roofing materials can be approved by staff administratively or require Planning Commission referral; and WHEREAS, there has been an increase in design applications involving the use of alternate roof materials that deviate for the Design Guidelines; and WHEREAS, public testimony indicates the increased use of alternative materials relate to fire risk and the cancelation or non-renewal of home insurance policies; and WHEREAS, the Planning Commission directed staff to present a roofing discussion before the Commission to consider appropriate roofing materials and draft policy language; and WHEREAS, on January 15, 2025, February 11, 2025, March 12, 2025, and June 11, 2025 the Planning Commission held a duly noticed public hearing to receive public testimony regarding roofing materials, including, without limitation, the information provided to the Planning Commission by City staff and through public testimony; and WHEREAS, on January 13, 2026, the City Council held a duly noticed public hearing to receive public testimony regarding the roofing material policy, including, without limitation, the information provided to the City Council by City staff and through public testimony; and WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”) and City Environmental Regulations (CMC 17.60) require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS, the City Council found that adoption of a roofing policy is not a project under CEQA as defined in Public Resources Code Section 21065 and CEQA Guidelines Section 15378, because adoption of a policy does not approve a project, result in a physical impact to the environment or contemplate future known projects; and
WHEREAS, this Resolution are made based upon the evidence presented to the Commission at the hearing date, including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations, and testimony herein above set forth and used their independent judgment to evaluate the project; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

ATTACHMENT 1

Resolution 2025-008

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carmel-ByThe-Sea does hereby make the following findings and determinations regarding the deviations from the design guidelines:

FINDINGS REQUIRED FOR DEVIATIONS FROM THE DESIGN GUIDELINES (CMC Chapter 17.58.010) For each of the required findings listed below, staff has indicated whether the submitted plans support the adoption of the findings. For all findings checked "no" the staff report discusses the issues to facilitate the City Council’s decision-making. Findings checked "yes" may or may not be discussed in the report depending on the issues.

Municipal Code Findings – CMC Section 17.58.010 Purpose and Applicability YES NO

1. Promote design that maintains the City’s intimate and human scale and complements, rather than overrides, natural constraints.
✔

2. Ensure that the design of new homes, residential additions, and exterior alterations preserves the traditional characteristics of scale, good site design, and sensitivity to neighboring properties.
✔

3. Encourage the construction of residences that are diverse and innovative in design yet compatible with the City’s forest setting as well as the site design and materials used in surrounding structures.
✔

4. Promote residential design that respects the privacy, solar, access, and private views of neighboring properties.
✔

5. Maintain a tradition of architectural diversity that enhances the character of the commercial district and adds a lively sense of history to Carmel’s village ambiance by promoting commercial building design that respect these traditions. ✔

6. Encourage originality and invention so long as the results encompass the unifying values of human scale and the use of natural materials and their role in preserving village character and avoid out-of-scale or bizarre building forms or incompatible design. ✔
BE IT FURTHER RESOLVED that the City Council of the City of Carmel-by-the-Sea does hereby adopt the Roofing Policy, including in Exhibit A.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 13th day of January 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dale Byrne, Mayor Nova Romero, MMC, City Clerk
ATTACHMENT 1

Resolution 2026-008

Exhibit A –
Roofing Materials Policy
(see attached)
ATTACHMENT 1

2026-01

CITY OF CARMEL-BY-THE-SEA

POLICY AND PROCEDURE
Subject: Permit process for residential
reroofs. (Roofing Materials Policy)
Policy/Procedure No: 2026-01
Effective Date: January 14, 2026 Authority: Resolution No. 2026-008 (pending adoption) Purpose:

To clarify the review process for reroofs and specify when approval can be made at the staff level (i.e. administratively) and when approval warrants a referral to the Planning Commission.

Policy/Procedure:

As fully set forth in the policy document, attached.

Responsible Party:

City Administrator
Department of Origin:

Community Planning and Building
Revision Dates:

Rescinded Date:

Exhibit A ATTACHMENT 2

2026-01
City of Carmel-by-the-Sea

POLICY FOR THE PERMIT PROCESS FOR RESIDENTIAL REROOFS CITYWIDE Statement of Purpose:

To clarify the review process for reroofs and specify when approval can be made at the staff level (i.e. administratively) and when approval warrants a referral to the Planning Commission.

Policy:

The approval authority for residential reroofs shall be as follows:

Reroofing Permit Process: Single-Family Resid. Buildings Like for like reroofs Wood to wood Track 1 Design Study
Slate to slate
Tile to tile
Tar & Gravel to Tar & Gravel
And other natural materials
Track 1 Design Study
Comp to comp (**earth tones) Track 1 Design Study
Reroofs with change in material
New Materials: Slate, Tile (clay,
ceramic, and concrete), Tar &
Gravel and other natural
materials
Track 1 Design Study
Vertical Standing Seam Metal Roof (**nonearth tones)Design Study Track 1 with Planning Commission referral required
Vertical Standing Seam Metal Roof (earth
tones)
Design Study Track 1
Metal Tiles Design Study Track 1
Tar and gravel to TPO or
similar (on single story flat roof)
Design Study Track 1
Wood to comp (**earth tones) Design Study Track 1
Wood to comp (**non-earth tones) Design Study Track 1 with Planning Commission referral required
Synthetic Products Design Study Track 1
*See list of acceptable synthetic materials
below
Exhibit A ATTACHMENT 2

2026-01
Discouraged Roofing Materials – Permit applications denied

1. Non-earth tone metal roofs;

2. Black or grey or high contrast composite shingle roofs;

3. PVC roofs on second stories of residential buildings;

4. Non-drought-resistant green roofs;

5. Corrugated plastic/corrugated metal roofs;
*Acceptable Synthetic Alternatives
CeDUR shakes
DaVinci shake or slates
EcoStar shake or slates
Brava shake or slates
**Earth tones shown in figure 1 below
Figure 1
Exhibit A ATTACHMENT 2

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
January 13, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Acting City Administrator APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Receive an update on the Design Traditions 1.5 Project, and provide feedback and direction to staff (Estimated time - 90 min) RECOMMENDATION:

Receive a presentation and provide any feedback on the form, function, and usability of the current draft of the City’s Design Guidelines, which are a product of the Design Traditions 1.5 Project.

BACKGROUND / SUMMARY:

EXECUTIVE SUMMARY
The City Council, as the ultimate policy making authority in the City, is being provided a presentation on the most current draft Design Guidelines and an update on the overall project. Staff and the Design Traditions 1.5 Project (DT-1.5) Steering Committee are seeking feedback on the form, function and usability of the document, with consideration given to comments received from the Planning Commission at their recent November 18th special meeting. The goal is to receive any feedback on the draft version of the Residential Guidelines section and accompanying appendices before finalizing both the Residential and Commercial Guidelines in order to move into the adoption phase of the project.

RECOMMENDATION
Receive a presentation and provide any feedback on the form, function and usability of the current draft of the City’s Design Guidelines, which are a product of the Design

Traditions 1.5 Project.

BACKGROUND AND PROJECT DESCRIPTION
Project Beginnings and Timeline
The Design Traditions 1.5 Project (DT-1.5) started in earnest in early March, 2022 when the City Council approved a contract with Winter & Co. to update the City’s Residential and Commercial Design Guidelines (Attachment 1). Nore Winter, the Principal of Winter & Co., was selected as the lead consultant. Nore is an urban design consultant with more than forty years planning experience and was chosen due in large part to the fact that he and his firm created the City’s existing Design Guidelines over 20 years ago through the Design Traditions Project. The scope of work attached to Nore’s contract, and the name of the current project were thoughtfully crafted by Council over two meetings as the “Design Traditions 1.5” Project. This was done to signify that the project goal was not to completely overhaul the existing Design Guidelines as a “2.0” document, but rather to refine and update what already existed.

In early April 2022, one month after approving the contract with Nore Winter, the City Council established the Design Traditions 1.5 Steering Committee and appointed Maryann Schicketanz, Doug Schmitz, Victoria Beach, Melanie Billig and Don Goodhue to work with staff on the project. The Steering Committee convened its first meeting on April 13, 2022 and since then has held a total of 36 working meetings, generally running between 2-3 hours.

It is worth noting that there was a 10-month break in meetings between November 2023 and September 2024 while the City’s Planning Director was also acting as the City’s Assistant City Administrator, which has contributed to the extended timeline of this project.

Project Timeline
To better understand the narrative in the next sections regarding community engagement and the progression of drafts, here is a simple timeline of the project:
• March, 2022 – Contract executed with Nore Winter for Design Traditions 1.5 Project (DT-1.5)
• April, 2022 – DT-1.5 Steering Committee appointed by City Council • June, 2022 – Community meetings at Carpenter Hall facilitated by Nore Winter to gain public input on project goals (2 meetings)
• September, 2022 – Strategy Paper for the project approved by Planning Commission and Council
• October, 2022 – Community meeting at Carpenter Hall facilitated by Nore Winter to present approved Strategy Paper.
• October 2022 to February, 2023 – Nore Winter works on draft guidelines with input from staff and Steering Committee.
• February, 2023 – Nore Winter draft guidelines received • March, 2023 – Steering Committee revised format draft guidelines created

• March, 2023 to Present – Refinement of Steering Committee draft Community Engagement
Over the 3 ½ year life of this project, the Community has remained interested and involved. Early in the project, Nore Winter, with support from City staff and members of the Steering Committee, facilitated lively community meetings to gain insight from people about their desired outcomes of the DT-1.5 Project. The first two meetings, which included lots of interactive activities to gain feedback from the community, were back-to-back nights on June 21st and 22nd, 2022. The third meeting, which presented draft concepts for community feedback was held on October 3rd, 2022. All three meetings were well attended by between 50-75 people each evening. Held early in the process, the meetings were intended to inform the work of Nore Winter and his team to prepare the first draft of both the Residential and Commercial Design Guidelines, which would ultimately be released in February, 2023. In addition to these large-scale community meetings, the DT-1.5 Steering Committee also met eleven times in the span between June 14th, 2022 and January 23, 2023 to provide additional guidance to Nore Winter and staff while the first draft of the guidelines were being created. Nine of these eleven Steering Committee meetings included members of the public, as there had been some confusion by staff at the start of the project about whether Steering Committee meetings were subject to the Brown Act and open to the public. From the point when the confusion was cleared, all Steering Committee meetings have been open to the public (32 of 36 open to the public). Over the past couple of years, public attendance has diminished at Steering Committee meetings, but a small group of interested residents have remained as consistent participants. These participants have been active and stayed informed about the topics at hand. Some Steering Committee topics have engendered larger attendance, but typically there are four to eight members of the public in addition to the Steering Committee members and staff.

Progression of Drafts
As mentioned earlier, the first draft of the Residential and Commercial Guidelines was received from Nore Winter in early February, 2023 (Attachments 2 and 3). These drafts included a Reader’s Guide to explain what had been done, and how to use the documents (Attachment 4). In the Reader’s Guide, Nore Winter stated the first draft was written so that “It builds on the City’s existing residential design guidelines document by incorporating comments received from the community over multiple meetings, the project Steering Committee, City Council and the Planning Commission as well as City staff.” The Reader’s Guide also stated that the first drafts were informed by a Strategy Paper that was approved by the Planning Commission and City Council in the Fall of 2022 (Attachment 5). Upon receipt of the first public drafts of the Design Guidelines, and after spending about a month reviewing, the Steering Committee and some members of the public provided feedback at their March 1st meeting that they believed the draft had missed the mark and that it had actually made the Design Guidelines more complicated rather than easier to read and use (Click here for link to YouTube video). Members of the Committee felt the guidelines were supposed to

have been streamlined, but that this had not been accomplished by Nore Winter.

Another concern of the Committee was that the drafts had added pages to the total count, making them even longer, and more difficult to navigate even for the purposes of reviewing the drafts. Prior to holding their March 1st meeting, in an effort to organize the guidelines in a more use friendly manner, members of the Steering Committee formed sub-committees of two people to create restructured drafts of both the Commercial and Residential Design Guidelines. The groups used the six core principals found in the Nore Winter drafts, which had already been broadly supported by everyone, to collapse individual guidelines under only the single most relevant of those six principals. The idea was to remove redundancy throughout the documents.

Images were also shifted around, and formatting was revised throughout the documents accordingly by the sub-committees. These early revised Steering Committee drafts can be found as Attachments 6 and 7.

Over the next few Committee meetings, these revised Steering Committee versions received positive feedback from the public and the Committee as a whole. Therefore, the Steering Committee made the decision to move forward with the streamlined version which used the six core principals to organize the guidelines rather than the drafts prepared by Nore Winter. Since March 1, 2023, over the span of 21 meetings, the Committee, staff, and the public have been working to review and refine the language of each individual guideline (not wholesale changes), organize formatting, consider photographs, and develop supporting documents and policies that would reinforce the guidelines. Some of the supporting policies include how to address building mass and guidance for structures in the front setback of a property like fences and landscaping walls. The exercise to select photos for the updated Design Guidelines has proven more difficult than originally anticipated. Some of the challenges have included accessibility to a site, visual clutter than is difficult to move (vehicles, etc), and most notably finding photographs that do not unintentionally include something that contradicts a guideline somewhere else in the document. The group has a small collection of photos, and continues to work on this effort. This is why the draft document has grey boxes with a “tbd” in place of actual photos for now.

As a product of the aforementioned work, the Council is now being presented with a rough draft of the Residential Design Guidelines as part of an overall (and incomplete) recommended Design Guidelines package (Attachment 8). This draft package includes supporting sections recommended by the Steering Committee for inclusion as part of the overall Design Guidelines, some of which were the product of subcommittees. Some sections of the draft have only a title page, which indicates that this section is yet to be drafted, but is intended to be part of a final draft. Most notable of these undrafted sections is the “Municipal” guidelines, which the Committee is recommending to be drafted at some point in addition to “Residential” and “Commercial” to create three distinct Guidelines. The sections of the full draft package include:
• Introduction (Drafted by sub-committee)
• Residential Design Guidelines (Draft included for PC comment)

• Commercial Design Guidelines (Will be completed following direction related to Residential)
• Municipal Design Guidelines (Not started)
• Appendices
o Historical Context (Drafted by sub-committee)
o Project Review: Process, Checklists, & Narratives (Not started) o Preferred Planting and Building Materials (Drafted by sub-committee) o Further Illustrations (Not started)
o Index (Not started)
The concept is that the “supporting” sections of the Design Guidelines will do just that, support the user in working with the document. For example, the index is intended to assist a user who is wishing to find all of the Guidelines related to a specific topic like windows, which may now appear in multiple sections of the document, by including hyperlinked page numbers showing where windows are referenced throughout the entire document. Staff will be prepared at the meeting to walk through the current draft and the thoughts behind its format and contents.

Planning Commission Feedback
On November 18th, the Planning Commission held a special meeting to provide feedback on the current draft guidelines. The following is a paraphrased summary of those comments, and staff will present a more thorough recap at the meeting. The full video of the meeting can be found by clicking HERE to visit the City’s YouTube page.

Feedback received from multiple Commissioners:
• Wildfire prevention and resiliency is not represented in the Core Principles nor in the guidelines themselves. This needs to be addressed throughout the document. Consider adding a 7th Core Principle related to fire safety and revising language where necessary, related to materials and landscaping. See Attachment 9 for related slides presented by Commissioner Michael LePage. • The Core Principles are good, and give a foundation for what design should look like in the City. They should remain a driving part of the Design Guidelines. • Having a preferred materials list is helpful.
• Should include a “Definitions” section in the Guidelines. • Mixed opinion on whether the current form and function of the draft guidelines were going to be usable as a technical set of documents. Some felt that the organization under the Core Principles helped to make the document simpler and easier to read while highlighting what was important about design in the City. Some felt that the organization made it difficult to find specific answers quickly and easily, and that it would not serve the technical users or be easy to enforce.
• The plan to have hyperlinks within the document and linking to outside documents is very good and should be implemented.
• The project has taken too long, and needs to be finished soon.

• There should be a review of the recent issues that the Planning Commission has faced to ensure that these guidelines will address them (e.g., flat roofs, hot tubs, basements, driveways, window size, balconies and decks). • The Planning Commission needs to be more involved in this update.

Feedback received from individual Commissioners:
• Concerns about the content and process of the Design Guidelines: The current draft has deviated too far from the approved Strategy Paper; there should be a return to working on the Nore Winter draft; this should now be a staff project (no Steering Committee); organization of the document does not work for PC use.

See Attachment 10 for related slides presented by Commissioner Mel Ahlborn. • Ensure that the guidelines encourage creativity and do not stifle it. • Some language needs to be revisited to be more clear – For Example, “McMansion” is not a term that means the same thing to everyone. • The Design Guidelines (in general) rely heavily on subjective language that leaves applicants uncertain. See Attachment 11 for related slides submitted after the Planning Commission meeting by Commissioner Micael LePage. • The Strategy Paper was a good starting point, but there needs to be flexibility to deviate from it as the project goes along and things happen like the recent fires in southern California.
• Applicants do not read guidelines from cover to cover like a book, so they need to be easy to use and navigate for people to be able to answer specific questions easily.
• Pictures are important because people tend not to read guidelines.

Next Steps
As a reminder, the Council is being asked for feedback on the form, function and usability of the draft Design Guidelines package. Focused feedback from Council on the draft Residential Guidelines is incredibly important, as they represent the heart of the Guidelines. Specific feedback on the form and function of Residential Guidelines will be applied to the Commercial Guidelines as well. Feedback on all of the supporting documents and the overall construction of the Design Guidelines Package will also be appreciated. Of course, any and all feedback is welcomed at this time.

Feedback received will be incorporated into the Design Guidelines as the project moves towards the adoption phase. Inclusion of this feedback will be done through staff work and meetings with the Steering Committee over the coming months. Once a full draft is completed, staff will also need to work on any corresponding amendments to the City’s Municipal Code necessitated by the updated Guidelines. The steps to follow will include presentation of a full draft to the Planning Commission, along with an ordinance amending the Municipal Code for a formal recommendation to City Council for adoption. The updated Municipal Code and Design Guidelines will also need to be

approved by the Coastal Commission through a Local Coastal Program (LCP) Amendment once approved by City Council.

Environmental Review:

Receiving a presentation and providing feedback on the Design Guidelines is Statutorily Exempt under CEQA Section 15262 – “Feasibility and Planning Studies”, as a project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded.

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

1. Contract and Scope of Work - Winter & Co.

2. Nore Winter Draft Residential Guidelines (Feb 2023)

3. Nore Winter Feb 2023 Draft Commercial Guidelines (Feb 2023)

4. Nore Winter Reader's Guide (Feb 2023)

5. Nore Winter Strategy Paper - Approved (Sept 2022)

6. Steering Committee First Draft Residential Guidelines (Mar 2023) (1)

7. Steering Committee First Draft Commerical Guidelines (Mar 2023)

8. Current Steering Committee Draft Design Guidelines (Nov 2025)

9. LePage Slides (wildfire)

10. Ahlborn Slides

11. LePage Slides (subjectivity)

12. DT 1.5 UPDATE - Powerpoint 1.13.26

1 PROFESSIONAL SERVICES AGREEMENT
for the
Design Traditions Project 1.5
THIS AGREEMENT is executed this ____ day of _____________, 20___, by and between the City of Carmel-By-The-Sea, a municipal corporation, (hereinafter "City"), and Winter & Company, (hereinafter "Consultant"), collectively referred to herein as the “parties”.

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

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

1. SERVICES
A. Scope of Services. Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: Assist in the process of development, preparation and adoption of updates to the City’s Design Guidelines (residential and commercial) and Zoning Code. The Scope of Services is attached hereto as Exhibit “A.” The Scope of Services under this Agreement should include, but is not limited to, a project description, project phases, task descriptions, identification of key personnel, identification of subconsultants, their key personnel and general description of services that will be performed, as further set forth in this Agreement and attachments hereto. Consultant agrees to all of the following:
i. Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement. ii. Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit “B” [Key Personnel], which is made a part of this Agreement. iii. Consultant must make every reasonable effort to maintain the stability and continuity of Consultant’s key personnel and subcontractors, if any, listed in Exhibit B to perform the services required under this Agreement. Consultant must notify City and obtain City’s written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.

ATTACHMENT 1

2 iv. Consultant must obtain the City Administrator’s prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation. v. Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described in this Agreement.

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

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

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

C. Familiarity with Services and Site.
i. By executing this Agreement, Consultant represents that Consultant:

ATTACHMENT 1

3 a. has thoroughly investigated and considered the Scope of Services to be performed; b. has carefully considered how the services should be performed; c. understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
d. possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
ii. If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.

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

2. COMPENSATION
A. Total Fee. Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Compensation & Fee Schedule (Exhibit “C”), in a total amount not-to-exceed One Hundred Thirty-Nine Thousand, Three Hundred and Thirty Dollars ($139,330.00). Such compensation is the “Maximum Authorized Expenditure” under this Agreement. Any charges over this amount would be considered a change order, and would need to be approved pursuant to Section 1.B of this agreement. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount.

Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.

B. Invoicing. Consultant must submit to the City monthly written invoices to the City’s Project Representative, identified in Section 5 below. Invoices must be prepared in a form satisfactory to the City, describing the services rendered and associated costs for the period covered by the invoice. The City will provide invoicing format upon request. Consultant may not bill the City for duplicate services performed by more than one person. Consultant’s invoices must include, but are not limited to, the following information:
i. Project Title, the City’s Purchase Order number and City’s Project Code(s) for each project; ii. Invoice number and date;
iii. A brief description of services performed for each project phase and/or task; iv. The budgeted amount for each phase, task and item, including the total amount, with the same for approved Change Orders, if any;
ATTACHMENT 1

4 v. Amount invoiced to date divided by the agreed total compensation, expressed as a percentage, with the same for approved Change Orders, if any; vi. The amount earned and invoiced to date for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; vii. The amount previously invoiced for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; viii. The amount due for the period covered by this invoice for each phase, task, and/or item, including the total amount, with the same for approved Change Orders, if any; ix. For time and materials authorizations, the number of hours spent, by whom and their hourly rate for each phase, task and/or item, including the total amount; x. The costs incurred, including reimbursables, for each phase, task, and/or item for the agreed total compensation and approved Change Orders, if any, along with a brief description of those costs;
xi. The total amount due for the period covered by this invoice, including subconsultants and vendors of services or goods;
xii. Copies of subconsultant, vendor, and reimbursable invoices including hourly breakdowns when requested by City.
xiii. Copies of subconsultant and vendor lien releases.

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

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

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

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

ATTACHMENT 1

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

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

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

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

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

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

ATTACHMENT 1

6 v. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of the Services. All records, which pertain to actual disputes, litigation, appeals or claims, must be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.

3. AGREEMENT TERM
A. Term. The work under this Agreement will commence on February 2nd, 2022 and must be completed by December 31st, 2022, unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders)”, in a timely manner or in accordance with the agreed upon Change Order Project Schedule.

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

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

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

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

4. CONSULTANT’S EMPLOYEES AND SUBCONSULTANTS
A. Listed Employees and Subconsultants. Consultant will perform the Services using the individuals listed in the Key Employees and Subconsultants List attached hereto in Exhibit “B”.

B. Substitution of Employees or Subconsultants:
i. Consultant may not substitute any key employee or subconsultant listed in Exhibit “B” without the prior written approval of the City, and such approval will not be unreasonably withheld. The City will not approve removal or substitution of employees or subconsultants ATTACHMENT 1

7 for the reason that Consultant or its affiliates has called on such individuals to perform services for another client of the Consultant.
ii. If, at any time, the City reasonably objects to the performance, experience, qualifications or suitability of any of Consultant’s employees or subconsultants, then Consultant may, upon written request from the City, replace such employee or subconsultant. Consultant must, subject to scheduling and staffing considerations, make reasonable efforts to replace the individual with an individual of similar competency and experience. iii. Whether or not the City consents to, or requests a substitution of any employee or subconsultant of Consultant, the City will not be liable to pay additional compensation to Consultant for any replacement or substitution.

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

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

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

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

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

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

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

Name: Noré Winter
Title: Principal and Owner
Company: Winter & Company
Address: 3980 Broadway Street, Suite 103, PMB 140, Boulder, CO 80304 Telephone: 303-440-8445
Email: [email protected]
C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as may be required by the City to insure timely and adequate performance of this Agreement.

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

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

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant will defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless the City and its officers, designated agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against claims, loss, cost, damage, injury expense and liability (including incidental and consequential damages, Court costs, ATTACHMENT 1