Carmel-by-the-Sea City Council
June 2, 2026

updates to City website street addresses information, staff training, and internal processes for address management.

December 31, 2025
Staff’s target date to complete the APN + Assigned Standard Address Number data.

January - March 2026
Monterey County estimates it will take 3 months to review the data and update their systems.

April 2026
USPS AMS batch update is estimated to take 1 week.

April - May 2026
Updates into utility service providers’ systems may vary (1-2 months).

April - May 2026
Update for Google Maps and Apple Maps is estimated to take 2-4 weeks.

Estimated Budget
Implementation and community outreach for the Street Address Program will include expenditures for:
• Newspaper Ads (quarter page) for Community Education
• Legal Noticing in Newspaper
• Printing Services for Community Education
• Postcard Mailers and Postage
• Audio/Video Services for Sunset Center Workshops
• Mapping/GIS Support
• Records From Monterey County Assessor’s Office

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 ATTACHMENT 4

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 to this Staff Report is a proposed Ordinance Amending City of Carmelby-the-Sea Municipal Code Section 15.55.100 for Address Identification Pursuant to the California Building Standards Codes.

The proposed 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.

CEQA
The proposed 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 proposed 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:

October 4, 2022 - Council gave direction to staff to continue to do research on the topic and confirm if implementing a street address system will require mail delivery service.

ATTACHMENT 4

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.

November 7, 2023 - Council received a presentation on staff's research and the Ad Hoc Committee for street address exploration was formed.

July 9, 2024 - Council directed staff to return with an implementation plan and community engagement plan no later than September 2024.

August 6, 2024 - following City Attorney announcements, City Council directed staff to return in September with a discussion on whether street addresses should be put to the voters to decide on, and provide an analysis on the process to do so, in addition to the direction to staff that was given during the July 9th meeting.

September 10, 2024 - City Attorney presented a legal analysis for street address identification, discussing State and City codes, a draft Ordinance, public vote and City options.

April 1, 2025 - City Council received a presentation on continued street address exploration by staff and a legal analysis by the City Attorney about estimated costs and timelines to include a ballot measure in a Special Election or regular Election; a citizen advisory group was formed.

October 7, 2025 - City Council adopted Resolution 2025-087, directing staff to return to Council with a comprehensive Street Address Program that includes a process to begin implementation of an address identification system and an Ordinance repealing relevant City Municipal Code sections.

ATTACHMENTS:

1. Draft Ordinance No. 2025-006

2. Street Addresses Update Presentation Slides
ATTACHMENT 4

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
June 2, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mary Bilse, Environmental Programs Manager APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Resolution 2026-038 approving a 3.04 percent rate increase to charges by the City's franchise hauler, GreenWaste Recovery, for collection of solid waste, recycling, and organics, effective July 1, 2026, and approving Amendment No. 5 to the MOU between
ReGen Monterey and Member Agencies for Fiscal Year 2026/27 RECOMMENDATION:

Adopt Resolution 2026-038 (Attachment 1) approving a 3.04% rate increase to charges by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, effective July 1, 2026, and approving Amendment No. 5 to the Memorandum of Understanding (MOU) between ReGen Monterey and Member Agencies for Fiscal Year 2026/27.

BACKGROUND / SUMMARY:

Solid Waste, Recycling, and Organics Collection Rate Adjustment Calculation On June 17, 2014, Council approved a Franchise Agreement (Agreement) with GreenWaste Recovery (GWR) for the collection of solid waste, recycling and organics, subsequent to a competitive Request for Proposals selection process. The Agreement became effective on July 1, 2015 and expires on June 30, 2030. The Agreement includes a prescribed formula to determine annual rate adjustments by GWR, effective each year on July 1. This index-based formula includes the cost of disposal and processing (“tipping fee”) at the ReGen Monterey facility (formerly known as Monterey Regional Waste Management District) in Marina, inflationary indexes for adjustments to GWR labor and operating costs, regional implementation of SB 1383, and the City’s

Franchise Fee of 13%.

HF&H Consultants, LLC (HF&H) was retained by ReGen Monterey to review GWR’s request for an adjustment to customer rates, effective July 1, 2026 (Attachment 2). The rate review resulted in a 3.04% rate increase due to labor and material inflationary indices for the period reviewed as well as an increase in disposal costs.

Rate Adjustment Approval
While the Agreement requires the City Council to approve annual rate adjustments, the rate adjustment is based upon disposal fees and actual tonnage, inflationary indexes for GWR labor and operational costs, and cost for the City’s Franchise Fee and other regulatory fees. City staff, in tandem with ReGen Monterey staff and HF&H, finds the rate calculation methodology to be consistent with the Agreement. Therefore, staff recommends Council approve Resolution 2026-038 and rate adjustment, which becomes effective on July 1, 2026, in accordance with the Agreement.

Memorandum of Understanding (MOU) for Regional SB1383 Implementation In November 2020, CalRecycle issued regulations to implement Senate Bill (SB) 1383, with the goal to reduce the amount of organic material being landfilled by 75% by 2025.

CalRecycle regulations place significant responsibility for implementation on local municipalities, including food waste collection from all residential and commercial customers, public education and outreach, enforcement, developing or increasing the capacity of edible food recovery programs, and purchasing recycled organic material such as compost.

In response to the SB 1383 regulations, ReGen Monterey’s Technical Advisory Committee (TAC), which is comprised of staff from each Member Agency including the City, waste haulers in the ReGen Monterey service area, and ReGen Monterey, have been working collaboratively to implement program changes to meet the regulations.

The Member Agencies determined ReGen Monterey has the expertise and resources necessary to implement shared activities on the Member Agencies’ behalf, and agreed to reimburse ReGen Monterey for proportionate shares of designated annual costs incurred by ReGen Monterey for these activities under the MOU (Attachment 3) regarding assistance with compliance with SB 1383. Elements of the regulations that are being managed by ReGen Monterey under guidance of the TAC are similar to previous years and include public outreach, contamination monitoring, enforcement, reporting, and edible food recovery programs. The regional costs for implementation of SB 1383 under this MOU are included in the collection rates charged by GWR.

The City’s share of regional costs for implementation of SB 1383 in Fiscal Year (FY) 2026/27 is $15,935. This amount is reflected as an agency fee in the solid waste, recycling, and organics collection rate adjustment.

FISCAL IMPACT:

The new collection rates reflect an increase of 3.04% and are included as Exhibit A in Resolution 2026-038 (Attachment 1). The 3.04% rate increase is due to labor and material inflationary indices for the period reviewed as well as an increase in disposal costs. The cost of SB 1383 implementation is also included in the fees.

For context, a residential customer with a 32-gallon trash cart will now pay $57.73 a month for solid waste (recycling and organics are included) as compared to the current rate of $56.03 a month. The increase is $1.70 a month and $20.40 more per year.

Commercial rates vary based upon the size of the cart, frequency of collection, and type of collection service.

The City’s share of regional costs to ReGen for FY 2026/27 will increase from $14,213 to $15,935. This cost will be covered in the Public Works/Environmental Programs operating budget.

The City’s Franchise Fee of 13% for FY 2025/2026 was estimated at $478,211 and for next FY 2026/2027, the franchise fee is estimated at $492,736.

PRIOR CITY COUNCIL ACTION:

In June 2021, Council approved GWR’s imposition of a 2% formula-based rate adjustment for the collection of solid waste, recycling and organics. GWR’s rate increase was primarily due to the creation of a $72,600 fund to buffer anticipated costs of SB 1383.

In November 2021, Council amended the City’s Solid Waste and Materials Recovery Ordinance (Chapter 8.16) to address the new requirements of SB 1383. In December 2021, Council amended the Franchise Agreement with GWR to comply with SB 1383 and approved a 3.76% extraordinary rate increase to cover the additional operational costs associated with SB 1383.

In June 2022, Council approved a 2.14% increase for GWR for the collection of solid waste, recycling and organics. Council also approved Amendment No. 1 to the MOU between the Monterey Regional Waste Management District and Member Agencies for FY 2022/23 regional costs associated with SB 1383.

In June 2023, Council approved a 3.71% increase for GWR for the collection of solid waste, recycling and organics. Council also approved Amendment No. 2 to the MOU for FY 2023/2024.

In June 2024, Council approved a 3.59% increase for GWR for the collection of solid waste, recycling and organics. Council also approved Amendment No. 3 to the MOU for FY 2024/25.

In June 2025, Council approved a 4.19% increase for GWR for the collection of solid

waste, recycling and organics. Council also approved Amendment No. 4 to the MOU for FY 2025/26.

ATTACHMENTS:

1. Resolution 2026-038

2. HF&H Review of Carmel RP12 Final Report

3. MOU for FY 26_27

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-038

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A 3.04 PERCENT RATE INCREASE TO CHARGES BY THE CITY’S

FRANCHISED HAULER, GREENWASTE RECOVERY, FOR THE COLLECTION OF SOLID WASTE, RECYCLING AND ORGANICS, EFFECTIVE JULY 1, 2026, AND APPROVING AMENDMENT NO.5 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN REGEN MONTEREY AND MEMBER AGENCIES FOR FISCAL YEAR 2026/27
WHEREAS, the City of Carmel-by-the-Sea (City) entered into a Franchise Agreement with GreenWaste Recovery, Inc. (GWR) on June 17, 2014 for solid waste, recycling, and organics collection services for the period of July 1, 2015 through June 30, 2030; and, WHEREAS, Section 8.2 of the Franchise Agreement requires annual inflationary adjustments to customer rates on July 1 of each year, as described in Exhibit E1 to the Agreement, based on agreed-upon cost indices, changes in tipping fees at the ReGen Monterey (formerly Monterey Regional Waste Management District) landfill, City fees, and actual tonnage of materials collected by GWR; and,
WHEREAS, HF&H Consultants, LLC (HF&H) was retained by ReGen on behalf of all its member agencies to review GWR’s request for an adjustment to customer rates, submitted to the City on April 1, 2026; and,
WHEREAS, HF&H’s calculation of the rate adjustments have been reviewed by City staff, and staff finds the calculations to be consistent with the methodology and requirements of the Franchise Agreement; and,
WHEREAS, the rate review resulted in a 3.04 percent rate increase; and, WHEREAS, in September 2016, Senate Bill 1383 (SB 1383) established methane emissions reduction targets, and in November 2020, CalRecycle issued regulations to implement SB 1383; and
WHEREAS, the ReGen’s Technical Advisory Committee developed a Memorandum of Understanding to conduct tasks to comply with CalRecycle SB 1383 regulations on a regional basis; and
WHEREAS, regional implementation costs included in the Memorandum of Understanding must be updated annually; and
WHEREAS, the City’s share of regional implementation costs is reflected as an agency fee in the solid waste, recycling, and organics collection rate adjustment.

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

ATTACHMENT 1

Resolution No. 2026-038

• Approve a 3.04 percent rate increase to charges by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, effective on July 1, 2026, as shown in the attached Exhibit A. • Approve Amendment No. 5 to the Memorandum of Understanding between ReGen and Member Agencies for Fiscal Year 2026/27 regional costs associated with SB 1383.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 2nd day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dale Byrne Nova Romero, M.M.C.

Mayor City Clerk
ATTACHMENT 1

Resolution No. 2026-038

EXHIBIT A
Franchise Agreement
Rates Effective July 1, 2026
(All rates are monthly unless stated otherwise)
ATTACHMENT 1

Resolution No. 2026-038

ATTACHMENT 1

HF&H Consultants
590 Ygnacio Valley Rd. Suite 105
Walnut Creek, CA 94596
Phone: (925) 977-6950
Web: hfh-consultants.com
May 20, 2026
Mary Bilse
Environmental Compliance Manager
City of Carmel-by-the-Sea
Sent via email
Subject: Review of GreenWaste Recovery’s 2026-27 Rate Request – Final Report Dear Mary Bilse,
HF&H Consultants, LLC (HF&H) was retained by ReGen Monterey (ReGen), formerly the Monterey Regional Waste Management District, to assist with a review of GreenWaste Recovery’s (GWR) request for an adjustment to customer rates, effective July 1, 2026, submitted to the City of Carmel-by-the-Sea (City) on April 1, 2026. This report presents our findings and recommendations.

Executive Summary
HF&H’s review of GWR’s Rate Period 12 (RP12) rate request to the City resulted in the following outcomes:

HF&H has determined a 3.04% increase is appropriate based on the following components:
• 3.50% inflationary increase in labor-related costs
• 2.70% inflationary increase in vehicle-related costs (excluding fuel) • Fuel rate held flat, as set by ReGen
• 2.70% inflationary increase in other costs
• Depreciation held flat, per the Agreement
• 2.32% overall net processing cost increases due to an increase in per-ton tip fees, slightly offset by a decrease in recyclable and organic tonnages • 8.64% increase in disposal costs due to an increase in per-ton disposal rate and tonnages
Refer to Figure 1 on the following page for the impact to sample residential rates.

ATTACHMENT 2

Mary Bilse
May 20, 2026

Figure 1: Example Rate Impact of Adjustment
Background
In 2012, the City—participating with other members of ReGen—issued a competitive request for proposals for collection services and entered into the new Agreement with GWR effective July 1, 2015. The Agreement provides for the following, related to the adjustment of rates:
• Rates are to be adjusted annually throughout the term of the Agreement, using various inflationary indices, actual tonnage, and changes in the tipping fees at ReGen, unless either the City or GWR request a Cost-Based Rate Adjustment (CBRA). • The City and GWR may mutually agree upon alternative approaches to structuring rates without amending the Agreement (Section 8.2.D).
• During the CBRA review in RP5, a number of issues surrounding the process for setting rates and the resulting rate relationships amongst sectors and materials were identified.

As such, the City and GWR have negotiated an amendment to the prescribed methodology for the CBRA and index adjustments to not alter rate relationships between service sectors and material types.
• Through negotiations of the amendment, and as a result of the desire to maintain current rate relationships between sectors and service levels, the City and GWR have prescribed a uniform rate adjustment to be applied to all sectors.

Rate Calculation Review

HF&H SCOPE OF WORK
HF&H performed this review of the rate request in accordance with Exhibit E1 for the indexbased rate adjustment. These procedures included:

1. Review of the rate request for completeness and compliance with the procedures contained in Exhibit E1 of the Agreement.

2. Review for mathematical accuracy and logical consistency to determine that the rate request is mathematically correct, the rows and columns of numbers add down and across as intended, and the stated assumptions were, in fact, used. Determine that the rate request is internally consistent and any summary schedules agree to the supporting schedules and worksheets.

3. Verify the inclusion of the franchise fee calculation in the adjustment.

4. Verify contract compliance, including:

Current Rates
(RP11) RP12
Adjustment 3.04%
Residential 32-gallon rate $56.03 $57.73
ATTACHMENT 2

Mary Bilse
May 20, 2026

A. The indices used in the adjustment.

B. The tip fees reported for the disposal and processing rate components.

C. The use of quarterly reported tonnage data and allocations among agencies. A detailed audit of tonnage and allocations of tonnage reported by GWR was not a part of this scope of work. HF&H discussed GWR’s allocation methodology, which appears reasonable and consistent with standard industry practices.

D. Any changes in governmental fees affecting the fee component of the rates, and the accurate application of the resulting percentage changes to the various rate components in the rate schedule approved by the City through the Agreement.

REVIEW OF RATE REQUEST
RP12 Application
HF&H reviewed the rate application for RP12. The results of the RP12 calculation, performed in accordance with the methodology set forth in Exhibit E1 of the amendment, are presented in Figure 2 on the following page.

ATTACHMENT 2

Mary Bilse
May 20, 2026

Figure 2: City of Carmel-by-the-Sea Application of Index-Based Adjustments to RP12
RP 12
Annual Cost of Operations
Labor-Related Costs $995,471 1.035 $1,030,313
Vehicle-Related Costs 138,866 1.027 142,616
Fuel Costs 126,300 1 126,300
Other Costs 270,290 1.027 277,588
Direct Depreciation 151,264 N.A. 151,264
Total Allocated Costs - Labor, Vehicle, Fuel & Other 580,543 1.027 596,218 Total Allocated Costs - Depreciation & Start-Up 25,726 N.A. 25,726 Total Annual Cost of Operations $2,288,461 $2,350,024
Profit $379,987 OR=85.76 $390,209
Pass-Through Costs
Disposal Costs $233,093 Tons*Tip Fee $253,235
Curbside Supplemental (7,152) 1.00 (7,152)
Recycling Processing Costs 73,585 Tons*Tip Fee 68,524
Residue Processing Costs Tons*Tip Fee - -
Yard Trimmings Processing Costs 102,974 Tons*Tip Fee 108,221 Food Waste Processing Costs 30,657 Tons*Tip Fee 35,279
C&D Processing Costs Tons*Tip Fee - -
Interest Expense 44,270 N.A. 44,270
Direct Lease Costs N.A. - -
Total Allocated Costs - Lease 38,993 N.A. 38,993
Total Pass-Through Costs $516,420 $541,371
Total Costs before Agency Fees $3,184,869 $3,281,605
Agency Fees/Payments
Franchise Fee $478,211 13.00% $492,736
ReGen MOU Costs 14,213 Actual 15,935
Other Adjustments (as needed from time to time)
Adjustment from Tip Fee Estimates $1,256 N.A. -
Total Calculated Costs $3,678,549 $3,790,275
Rate Increase 3.04%
RP 11
Adjustment
Factor
ATTACHMENT 2

Mary Bilse
May 20, 2026

Review of GWR Costs
There are four major components to GWR’s rate application: (1) the calculation and application of the inflationary indices as prescribed in the Agreement; (2) the disposal and/or processing component; (3) the Agency Fees; and (4) other one-time adjustments.

There are three indices used in the index adjustment: Consumer Price Index (CPI), fuel index, and labor index. The annual percentage change in each index is used to calculate the coming year’s cost for the line items to which they apply.

HF&H has reviewed, and GWR has confirmed, the accuracy of each of these indices. It is noted that the fuel index remains unchanged, as reported by ReGen management staff.

Review of Disposal and Processing Components
Collected tonnage for calendar year 2025 was used for the RP12 review, in accordance with the amendment. The disposal and processing components also consider the tipping fees charged by ReGen to project anticipated disposal and processing costs at ReGen. Figure 3 below outlines the changes in the City’s disposal and processing costs for each material type— based on ReGen’s tip fees—effective July 1, 2026, which have been incorporated into our RP12 review.

Figure 3: Impact of ReGen Tip Fee Changes
Note: Values may not be exact due to rounding.

Review of Fee Component
HF&H ensured that the fee component of each rate matches the contractual percentage of 13% for franchise fees, which are remitted to the City by GWR.

Additionally, rate application review costs and other identified ReGen costs totaling $15,935 were added as a one-time adjustment. These costs cover the rate review, franchise management, staff time, and public education and outreach.

NEW RATES
Attached hereto is a table of all new rates recommended for RP12 based on the adjustments described in this report (Attachment A). HF&H recommends adopting these rates by resolution to be effective July 1, 2026.

Material 2025 Tons Projected Per Ton
Tip Fee RP 12 Costs
A B A x B
Solid Waste 2,979 $85.00 $253,235
Recycling 1,594 43.00 68,524
Yard Trimmings 2,004 54.00 108,221
Food Waste 483 73.00 35,279
ATTACHMENT 2

Mary Bilse
May 20, 2026

* * * * *
We would like to express our appreciation to GWR staff for their assistance and cooperation in this process. Should you have any questions, please call me at (925) 977-6964 or [email protected].

Sincerely,

HF&H CONSULTANTS, LLC
Rob Hilton Dave Hilton
President Senior Project Manager
ATTACHMENT 2

Attachment A
Carmel Rates Effective July 1, 2026
Service Level
20 Gal Back/Side
32 Gal Back/Side
64 Gal Back/Side
96 Gal Back/Side
Notes:

See Exhibit B1 for specific service availability
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 32-Gallon Cart 58.13$ 116.31$ 147.48$ $ 179.27 $ 210.89 284.53$ 64-Gallon Cart 111.97$ 182.24$ 252.79$ $ 323.36 $ 476.75 605.36$ 96-Gallon Cart 138.11$ 259.72$ 385.51$ $ 486.08 $ 624.18 792.18$ 1-Cubic Yard Bin 318.87$ 599.75$ 820.73$ $ 1,031.67 $ 1,242.63 $ 1,579.66 2-Cubic Yard Bin 468.57$ 936.47$ 1,405.08 $ $ 1,875.60 $ 2,209.37 $ 2,351.95 3-Cubic Yard Bin 663.45$ 1,170.60 $ 1,638.89$ $ 2,028.40 $ 2,341.74 $ 2,809.64 4-Cubic Yard Bin 882.69$ 1,452.68 $ 2,341.54$ $ 2,917.63 $ 3,176.25 $ 3,434.88 2-Cubic Yard Compactor 512.58$ 1,024.47 $ 1,537.07$ n/a n/a n/a 3-Cubic Yard Compactor 729.44$ 1,302.60 $ 1,836.89$ n/a n/a n/a 4-Cubic Yard Compactor 970.68$ 1,628.66 $ 2,605.52$ n/a n/a n/a Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart 16.78$ 27.34$ 37.92$ $ 48.50 $ 71.51 90.80$ 96-Gallon Cart 20.73$ 38.96$ 57.83$ $ 72.92 $ 93.64 118.81$ 1-Cubic Yard Bin 47.84$ 89.97$ 123.11$ $ 154.73 $ 186.39 236.95$ 2-Cubic Yard Bin 70.28$ 140.47$ 210.76$ $ 281.34 $ 331.41 352.81$ 3-Cubic Yard Bin 99.52$ 175.59$ 245.84$ $ 304.25 $ 351.27 $ 421.43 2-Cubic Yard Compactor 18.99$ 37.88$ 56.90$ n/a n/a n/a 3-Cubic Yard Compactor 22.58$ 21.72$ 15.02$ n/a n/a n/a Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 32-Gallon Cart 68.05$ 95.89$ 124.31$ $ 161.36 $ 273.09 346.97$ 64-Gallon Cart 83.95$ 136.67$ 189.59$ $ 242.54 $ 357.56 454.03$ 96-Gallon Cart 103.57$ 194.78$ 289.14$ $ 364.57 $ 468.16 594.13$ 1-Cubic Yard Bin 239.17$ 449.83$ 615.53$ $ 773.73 $ 1,184.75 931.98 $ 2-Cubic Yard Bin 351.43$ 702.36$ 1,053.81 $ $ 1,406.71 $ 1,657.02 $ 1,763.95 $ 51.96 Included Included
Residential Solid Waste Collection Rates
Solid Waste Recycling Organics
Commercial/Multi-Family Recycling Collection Rates
$ Included Included 57.73
$ Included Included 91.25
$ Included Included 115.66
Commercial/Multi-Family Solid Waste Collection Rates
Frequency
Frequency
Commercial/Multi-Family Food Waste Collection Rates
Frequency
ATTACHMENT 2

Attachment A
Carmel Rates Effective July 1, 2026
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 32-Gallon Cart 68.05$ 95.89$ 124.31$ $ 161.36 $ 273.09 346.97$ 64-Gallon Cart 83.95$ 136.67$ 189.59$ $ 242.54 $ 357.56 454.03$ 96-Gallon Cart 103.57$ 194.78$ 289.14$ $ 364.57 $ 468.16 594.13$ 1-Cubic Yard Bin 239.17$ 449.83$ 615.53$ $ 773.73 $ 1,184.75 931.98 $ 2-Cubic Yard Bin 351.43$ 702.36$ 1,053.81 $ $ 1,406.71 $ 1,657.02 $ 1,763.95 3-Cubic Yard Bin 497.59$ 877.95$ 1,229.15 $ $ 1,521.29 $ 1,756.30 $ 2,107.21 Service Level MSW REC FW YT C&D
10 YD 816.32$ 816.32$ 816.32$ $ 816.32 $ 816.32
20 YD 897.44$ 897.44$ 897.44$ $ 897.44 $ 897.44
30 YD $ 1,115.13 1,115.13$ 1,115.13$ $ 1,115.13 $ 1,115.13 40 YD $ 1,332.85 1,332.85$ 1,332.85$ $ 1,332.85 $ 1,332.85 Per Ton 97.70$ 49.43$ 83.91$ $ 62.07 $ 97.70
Service Sector Charge Per Event*
Cart Rental - All Sizes RES
Cart Replacement RES
Re-Delivery or Re-Start RES
Cart Cleaning RES
Non-Scheduled Collection RES
Cardboard Sticker COM
Difficult to Service Cart COM
Difficult to Service Bin COM
Locking Bin COM
Cart Replacement COM
Cart Cleaning COM
Bin Swap - Cleaning or Repainting COM
Bulky - Recyclable RES/COM
Bulky - Non Recyclable RES/COM
Bulky - Event RES/MFD
Covered Box RO
Driver Time per Hour RO
Dry Run or Relocation RO
Extra Days RO
*Note: Application of fees shall be as described in Franchise Agreement Note: All rates are monthly unless stated otherwise
$ 46.06
$ 138.15
Commercial/Multi-Family Yard Trimmings Collection Rates Frequency
$ 5.53
$ 1.84
$ 17.12
$ 35.01
$ 202.62
$ 138.15
$ 46.06
Roll-Off Collection Rates (Per Pull)
Material
$ 46.06
$ 138.15
$ 36.85
Additional Service Rates
$ 5.53
$ 110.53
$ 46.06
$ 46.06
$ 110.53
$ 92.09
$ 55.27
ATTACHMENT 2

1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT AND ITS

MEMBER AGENCIES REGARDING ASSISTANCE WITH COMPLIANCE WITH CALIFORNIA SENATE BILL 1383
This Memorandum of Understanding (“MOU”) is made and entered into as of the date of the signatures set forth below by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (“District”, “MRWMD”), a California Garbage and Refuse Disposal District, and its member agencies including the cities of CARMEL-BY-THE-SEA, DEL REY OAKS, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, and SEASIDE; THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT; and THE COUNTY OF MONTEREY (“Member Agencies”). Collectively these entities shall be known herein as “Parties” or individually as a “Party.”
Recitals
A. The State of California has passed legislation, known as Senate Bill 1383, California’s Short-Lived Climate Pollutants regulation. The regulation will have significant impact on each Member Agency, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis. The legislation mandates that Member Agencies undertake certain activities around the handling of organic waste materials collected within their jurisdictions. The regulation also requires 20% recovery of edible food by 2025 to direct it to a beneficial use and thus prevent it from entering the waste stream. Regulations take effect, and local program implementation will begin, on January 1, 2022.

B. The Member Agencies have determined that it is in their best interest to coordinate their activities related to this legislation. This coordination is being facilitated by the District’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three Haulers in the District service area (Haulers), Salinas Valley Recycles (SVR) and MRWMD.

C. The Member Agencies have further determined that the District has the expertise and resources necessary to implement some of these activities on the Member Agencies’ behalf and have now requested that the District incur costs to provide these activities.

D. The Member Agencies have agreed to reimburse the District for proportionate shares of certain designated annual costs incurred by the District for these activities.

E. The form and content of this MOU have been presented to the TAC, and the TAC has recommended it for approval by the Parties
NOW THEREFORE, in consideration of the mutual benefits to be derived by the District and the Member Agencies, and of the promises contained in this MOU, the Parties agree as ATTACHMENT 3

2 follows:

Section 1. Recitals: The recitals set forth above are incorporated into this MOU.

Section 2. Purpose: The purpose of this MOU is to provide a structure for the Member Agencies to reimburse the District for SB 1383 related activities it performs on behalf of the Member Agencies.

Section 3. Voluntary: This MOU is voluntarily entered into by the Parties for the purpose of facilitating the implementation of SB 1383.

Section 4. Term: This MOU shall become effective on the last day of its execution by a Party and shall remain in effect until terminated by the Parties.

Section 5. Scope of Work, Costs & Cost Sharing: The scope of work, and associated costs, are set out in Exhibit A, entitled Detailed Activities and Costs, attached hereto and incorporated herein. Allocation of such costs to the Member Agencies is set out in Exhibit B, entitled Member Agencies’ Annual Proportionate Shares and Costs, attached hereto and incorporated herein. Exhibit C outlines estimated individual Member Agencies’ allocations related to the Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program (OWR1: 2021-22), attached hereto and incorporated herein. Exhibit D defines the estimated annual procurement requirements of organic material and estimated cost per ton of compost for each Member Agency, attached hereto and incorporated herein.

No later than March 1 of each year, and at such other times as directed by the Parties, the TAC shall meet to consider and, if deemed necessary, modify Exhibits A, B, C, and/or D subject to direction from the governing bodies of each Member Agency to its TAC representative.

Section 6. The District Agrees:
(a) District staff will manage activities as identified in Exhibit A, C, and D which activities include contracting with third party vendors when reasonably necessary and paying those vendors for contracted costs.
(b) Two times per year, on dates to be determined by the TAC, District will invoice Member Agencies for each Member Agency’s proportionate share of costs as shown in Exhibit B with each invoice to be fifty percent (50%) of the Member Agency’s share of costs. (c) Upon award of CalRecycle SB 1383 Local Assistance Grant Program funds, the District will invoice Member Agencies for their full allocation of grant funds as shown in Exhibit C. Four times during the grant term, aligned with dates identified by CalRecycle grant Terms & Conditions, the District shall report to Member Agencies a summary of actual grant expenditures and progress toward grant tasks to date.

ATTACHMENT 3

3 (d) District will maintain an accounting of activities and expenses and provide reconciliation of payments annually. Material differences between estimated costs and actual incurred costs will result in either: 1) an adjustment made to the final annual payment for each Member Agency, or 2) such cost difference shall be incorporated into the subsequent year cost allocation.
(e) In year one only, in recognition of expected continuation of improved recycling revenues for the District from recyclable material sales, the District will off-set $140,000 of the costs identified in Exhibit A. This off-set is reflected in the cost allocations set out in Exhibit B for FY 2021-22.

Section 7. The Member Agencies Agree:
(a) To reimburse the District for all expenses incurred by the District under this MOU in accordance with each Member Agency’s proportionate share as shown on Exhibit B, C, and D. (b) To make a full-faith effort to cooperate with one another and with the District to achieve the purposes of this MOU by providing information, reviewing information in a timely manner, and informing their respective administration and governing bodies.

Section 8. Termination. Any Party may terminate its participation in this MOU upon giving written notice to the District no later than April 1 of any calendar year during the term of this MOU. Within ten days following a Party’s termination date, such party shall pay District all charges then due and payable and shall pay when determined any additional charges that shall later come due under the MOU, subject to the limits set out in Exhibits A, B, C, and D.

Section 9. General Provisions.
(a) This MOU is binding and for the benefit of the respective successors, heirs, and assigns of each Party and the District; provided however, no Party may assign its respective rights or obligations under this MOU without the prior written consent of the District. (b) This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
(c) If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU.
(d) Waiver by the District or any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition, or covenant.

ATTACHMENT 3

4 Waiver by the District or any Party of any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU.
(e) This MOU may be executed in any number of counterparts, each of which is an original but all of which taken together will constitute one and the same instrument, provided, however, that such counterparts have been delivered to all parties to this MOU. (f) All parties acknowledge they have been represented, or have had the opportunity to be represented, by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair language. Any ambiguities will be resolved in a collaborative manner by the District and the Parties and must be rectified by amending this MOU.

IN WITNESS WHEREOF, the District and the Parties have caused this MOU to be executed by their duly authorized representatives as of the date of their respective signatures.

MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

5 CITY OF CARMEL-BY-THE-SEA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

6 CITY OF DEL REY OAKS
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

7 CITY OF MARINA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

8 CITY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

9 CITY OF PACIFIC GROVE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

10 SAND CITY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

11 CITY OF SEASIDE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

12 PEBBLE BEACH COMMUNITY SERVICES DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

13 COUNTY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
ATTACHMENT 3

Task # SB 1383 Fee Category Detail FY 26/27 Budget Notes 1 HF&H General Support & TAC meetings Task #5 (general support) & task #6 (monthly TAC meetings) of HF&H FY 2026 proposal $ 14,000
2 Edible Food Recovery Capacity
Building
$50,000 for ReGen portion of grant allocations $10,500
for grant administration
$ 60,500
Grants offered jointly by ReGen &
SVR. County is omitted from this
line item.
3 Edible Food Recovery Program
Administration
Capacity Assessment Updates - Living Document
FRO Annual Capacity Survey Updates
Other support (TBD):

Edible Food Outreach - Follow-up target groups
Organics Collections Outreach - Follow-up target groups School Food Waste Reductions - Targeted groups
Conference presentations
$ 15,635
ReGen member agency portion
only. Split 50/50 with SVR.
4 Outreach & Technical Assistance to
FROs and EFGs
Outreach and technical assistance for food recovery
organizations (FROs) and Edible Food Generators (EFGs), Careit App support $ 19,170
Previously funded by CalRecycle
LAGP grants.
5 Edible Food Generator Inspections for
Tier 1 & 2
Inspections only
$ 4,602
Omits County of Monterey as they
perform their own inspections
6 Commercial and Multi-Family Organics
Outreach
Provide outreach, education, and technical assistance
support to targeted multi-family and commercial
businesses $ 9,450
Previously funded by CalRecycle
LAGP grants.
7 Public Education Design/creation of public education materials ($5k). Does not include production or distribution of materials created.

Continuation of Sort with Heart campaign ($25k media
placement inclusive of booking fees).
$ 30,000
Sort with Heart campaign
previously funded by CalRecycle
LAGP grant.
8 Contamination Monitoring (Lid Flipping)
$ 18,400
Omits County of Monterey due to
WM Smart Truck.
9 Recyclist Fees Cloud-based recordkeeping and reporting system shared by haulers, jurisdictions and processor.
$ 14,002
Omits County & City of Monterey,
who subscribe separately.
10 ReGen Monterey Staff Time Coordination and Hosting of Monthly TAC Meetings Hosting and/or participating in TAC Subcommittees
SB 1383 Program Coordination and Implementation
CalRecycle Reporting Support - Electronic Annual Report & Implementation Records
$ 75,000
$ 260,759
Member Agency Annual Procurement Target (tons of compost) Cost @ $5/ton using
direct-service
provider agreement Notes
Carmel-by-the-Sea 187 $ 935.00
Del Rey Oaks 78 $ 390.00
Marina 1,017 $ 5,085.00
Monterey 1,317 $ 6,585.00
Pacific Grove 721 $ 3,605.00
Sand City 18 $ 90.00
Seaside 1,491 $ 7,455.00
Pebble Beach CSD 210 $ 1,050.00
Unincorporated County (West)* 3071 $ 15,355.00
ReGen Monterey Total 8,110 $ 40,550.00
HF&H Franchise Management Fees
Task # FY 26/27 Budget Notes
$16,000
$3,000
$3,000
$50,000
$24,000
Franchise Management Total $96,000
Exhibit A Total $ 381,954
Exhibit A
Detailed Activities and Costs
FY 2026-2027
SB 1383 Procurement of Organic Material
(Cost per member agency feeds directly into Exhibit B)
Franchise Management services
are for GreenWaste member
agencies only (omitting the City and
County of Monterey).
*The County of Monterey has
separate procurement MOU w/
ReGen through 2027. Their amount
is not included in this total.

SB 1383 Total

1. Review Contractor's Quarterly Reports

2. Review Contractor's Annual Report

3. Review Franchise Fee Payments

4. Review Contractor's Annual Rate Adjustments

8. Monitor Contract Compliance
ATTACHMENT 3

# %
Per Agency
Cost/Year
With $8,500
Minimum # %
Per Agency
Cost/Year
With $1,500
Minimum
Carmel 3,220 2.9% 5,981$ $ 8,500 Carmel 3,220 2.9% 675 $ $ 1,500 DRO 1,592 1.5% 2,957$ $ 8,500 DRO 1,592 1.5% 334 $ $ 1,500 Marina 22,359 20.4% 41,529$ $ 37,943 Marina 22,359 20.4% 4,688 $ $ 3,800 PG 15,090 13.8% 28,028$ $ 25,608 PG 15,090 13.8% 3,164 $ $ 2,565 PBCSD 4,531 4.1% 8,416$ $ 8,500 PBCSD 4,531 4.1% 950 $ $ 1,500 Sand City 325 0.3% 604$ $ 8,500 Sand City 325 0.3% $ 68 $ 1,500 Seaside 32,366 29.5% 60,116$ $ 54,925 Seaside 32,366 29.5% 6,786 $ $ 5,501 Monterey City 30,218 27.5% 56,126$ $ 51,280 Monterey City 30,218 27.5% 6,336 $ $ 5,136 County 53,915 20,000$ $ 20,000 County 53,915 -$ -$
TOTAL 163,616 223,755$ $ 223,755 TOTAL 163,616 $ 23,002 $ 23,002 *SB 1383 tasks 1-4, 6, 7 & 10 *SB 1383 tasks 5 & 8
# %
Per Agency
Cost/Year
With $5,000
Minimum
Carmel Carmel 3,220 4.1% 4,456 $ $ 5,000
DRO DRO 1,592 2.0% 2,203 $ $ 5,000
Marina Marina 22,359 28.1% 30,944 $ $ 28,571
PG PG 15,090 19.0% 20,884 $ $ 19,283
PBCSD PBCSD 4,531 5.7% 6,271 $ $ 5,790
Sand City Sand City 325 0.4% 450 $ $ 5,000
Seaside Seaside 32,366 40.7% 44,794 $ $ 41,358
Monterey City TOTAL 79,483 $ 110,002 $ 110,002
TOTAL *SB 1383 task 9
With
Minimums
Carmel $ 15,935
DRO $ 15,390
Marina $ 75,399
PG $ 51,060
PBCSD $ 16,840
Sand City $ 15,090
Seaside $ 109,239
Monterey City $ 63,001
County $ 20,000
TOTAL $ 381,954
* Member agencies' proportionate costs subject to adjustment annually in accordance with any change in scope and total costs.

Table 1 Table 2
Table 3 Table 4
Population
Population
$ 25,195.00
1,017
721
210
SB 1383 Procurement of Organic Material HF&H Franchise Management Fees and Recyclist Fees* Population
Population
5,039
Cost @ $5/ton using directservice provider agreement
$ 935
$ 390
$ 5,085
$ 1,050
$ 90
$ 7,455
$ 6,585
$ 3,605
# %
3,220
1,592
22,359
15,090
4,531
325
32,366
30,218
53,915
163,616
Per Agency Cost/Year
$ 12,047
$ 5,884
$ 82,246
$ 55,681
$ 381,954

2.0%

1.0%

13.7%

9.2%

2.8%

0.2%

19.8%

18.5%

33.0%
100.0%
$ 16,687
$ 1,212
$ 119,151
$ 69,047
$ 20,000
Exhibit B
Member Agencies' Annual Proportionate Shares of Costs*
FY 2026-2027
Table 5 - Total Costs by Agency
Member Agencies will be invoiced an annual amount not to exceed column below titled "With Minimums" HF&H General Support; EFR Capacity, Admin & Technical Assistance; COM & MFD Outreach; Pub Ed; & ReGen Staff Time* Edible Food Generator Inspections and Contamination Monitoring* 1,317
18 1,491
Population
Annual Procurement
Target (tons of compost)
187
78 ATTACHMENT 3

17 EXHIBIT C
MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**
The Member Agencies of Carmel, Del Rey Oaks, Marina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (PBCSD) join the Local Assistance Grant Program as a regional collaborative project for the implementation of regulation requirements associated with SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost-effectiveness across the countywide area.

This regional grant-funded project will be coordinated through the two local waste management governmental agencies within Monterey County, Monterey Regional Waste Management (MRWMD), and Salinas Valley Solid Waste Authority (SVSWA).

The Member Agencies, along with each of the MRWMD and SVSWA member agencies are applying individually to this grant program using a unified regional project design, budget and implementation approach. All participating jurisdictions’ individual grant funding will be pooled together and expended in a cooperative manner by their agencies’ respective waste districts, MRWMD and SVSWA. The County of Monterey is applying separately and will manage its budget and project implementation independently, in coordination with broader regional planning efforts.

Based on current regional needs and findings to date related to SB 1383 in Monterey County, the following four major components will comprise the principal focus areas of program expenditures under the proposed regional project approach:
1) Grant Management, Tracking & Reporting
2) Agency Procurement Support
3) Edible Food Recovery Implementation and Capacity Building 4) Organics & Edible Food Recovery Education, Outreach and Technical Assistance Each element will be informed by regional coordination through the established MRWMD and SVSWA Technical Advisory Committee forums, Capacity Planning Assessments and related studies completed or in process throughout the region, and new data and information obtained through program implementation trials, stakeholder feedback and best practices as identified.

All expenditures will be incurred jointly, facilitated through each respective waste agency, and tracked and reported by each jurisdiction, based on the percentage of grant funds received by each agency compared to the full funding received collectively by all participating member agencies. CalRecycle, based on per capita calculations, using the Department of Finance’s January 2021 population statistics, estimates jurisdictions’ proportionate grant allocations. A summary of individual and collective agency grant allocations is presented below as Table 1.

ATTACHMENT 3

18 EXHIBIT C
(Continued)
MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**
Table 1. Thirteen Agency Collaborative Approach Budget Summary ** Working in coordination with the designated CalRecycle grant manager or other agency representatives as appropriate, the region may adjust these proposed expenditure areas, Agencies Estimated
Funding
% of District
Subtotal
% of Region
Total
Waste
District
Carmel-by-the-Sea $20,000 9% 4% MRWMD
Del Rey Oaks $20,000 9% 4% MRWMD
Marina $29,771 14% 6% MRWMD
Monterey $38,247 18% 7% MRWMD
Pacific Grove $21,398 10% 4% MRWMD
Sand City $20,000 9% 4% MRWMD
Seaside $43,151 20% 8% MRWMD
Pebble Beach Community
Services District
$20,000 9% 4% MRWMD
Subtotal (MRWMD): $212,566 100% 41%
Gonzales $20,000 6% 4% SVSWA
Greenfield $25,157 8% 5% SVSWA
King City $20,665 7% 4% SVSWA
Salinas $211,143 68% 40% SVSWA
Soledad $33,095 11% 6% SVSWA
Subtotal (SVSWA): $310,060 100% 59%
TOTAL (13 Agency Regional
Approach): $522,626 100%
ATTACHMENT 3

19 amounts, or priorities, consistent with grant expenditure eligibility requirements, as needed during the course of the grant term based on the needs of the region.

EXHIBIT D
MEMBER AGENCIES’ ESTIMATED PROCURMENT REQUIRMENTS

OF ORGANIC MATERIAL
The list below indicates the annual recovered organic waste product procurement targets for each jurisdiction (city, county, or city and county) that will be in effect from January 1, 2022, through December 31, 2026 per CalRecycle.

ATTACHMENT 3

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
June 2, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Shari Carlet, Acting Public Works Director APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Consider Resolution 2026-039 Rejecting all Bids for the Project for Beach Access 12th Avenue Stairs Repair (Carmel Beach Coastal Protection and Access Improvement) BID 25-26-006 and request for direction
RECOMMENDATION:

1. Discuss the Bids received for the Project for Beach Access 12th and 10th Avenues Stairs Repair (Carmel Beach Coastal Protection and Access Improvement) BID 25-26- 0062.

2. Motion to adopt Resolution 2026-039 (Attachment 1) rejecting all bids for the Project due to arithmetic errors in each of the Bids and authorize staff to re-bid the Project.

BACKGROUND / SUMMARY:

DISCUSSION
The City issued a Notice Inviting Bids for the Beach Access 12th and 10th Avenues Stairs Repair Project (Carmel Beach Coastal Protection and Access Improvement, BID 25-26-006) on April 17, 2026 (Attachment 2).

Five (5) bids were received by the May 15, 2026, deadline, submitted by:
• All Star Development Group Inc.
• Sharp Engineering and Construction Inc.
• Silcon Constructors
• Tombleson Incorporated

• Wave Construction Inc.

See Bid Summary, included in Attachment 3. The base bid amounts ranged from $224,703.00 to $410,867.00; however, each submission contained arithmetic errors.

As a result of these arithmetic errors, none of the Bids are responsive and must be rejected because the errors impact the amount of the bids. See Valley Crest Landscape v. City Council (1996) 41 CA 4th 1432, 1440-1441:
“ 'A basic rule of competitive bidding is that bids must conform to specifications, and that if a bid does not so conform, it may not be accepted. [Citations.] However, it is further well established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the *1441 bid or given the bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential. [Citations.]' ” ( Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988) 206 Cal.App.3d 449, 454 [ 253 Cal.Rptr. 591], quoting 47 Ops.Cal.Atty.Gen. 129, 130-131 (1966), italics in Konica.)
The City has the authority to reject all bids and re-bid the Project pursuant to the Bid Specifications and Public Contracts Code Section 20166.

Following rejection of the bids, staff will work to quickly re-post the RFP so that responsive bids can be submitted and reviewed.

FISCAL IMPACT:

The project has an allocated budget of $300,000 for FY 2025–2026, but the contract will be awarded based on the lowest bid received plus and a recommended 20 percent contingency.

PRIOR CITY COUNCIL ACTION:

No prior City Council Action.

ATTACHMENTS:

1. Resolution 2026-039

2. Beach Access 12th & 10th Ave Stair Repairs PUBLIC NOTICE

3. Bid Summary

ATTACHMENT 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-039

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA REJECTING ALL BIDS RECEIVED FOR BEACH ACCESS 12TH AND 10TH AVENUES STAIRS REPAIR (CARMEL BEACH COASTAL PROTECTION AND ACCESS IMPROVEMENT) BID 25- 26-006 AND DIRECTING STAFF TO RE-ADVERTISE FOR BIDS

WHEREAS, on April 17, 2026, the City issued a Notice Inviting Bids for the Beach Access 12th and 10th Avenues Stairs Repair Project (Carmel Beach Coastal Protection and Access Improvement, BID 25-26-006); and
WHEREAS, five bids were received by the deadline on May 15, 2026, submitted by Wave Construction, Silcon Constructors, Sharp, All Star Development Group, and Tombleson; and WHEREAS, upon evaluation, all five bids received had arithmetic errors and must be rejected because the errors impact the amount of the bids.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
1) Rejects all bids received for the Beach Access 12th and 10th Avenues Stairs Repair (Carmel Beach Coastal Protection and Access Improvement) BID 25-26-006; and 2) Directs staff to re-advertise for bids for the Beach Access 12th and 10th Avenues Stairs Repair Project (Carmel Beach Coastal Protection and Access Improvement).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
__________________________________ ___________________________________ Dale Byrne, Mayor Nova Romero, MMC, City Clerk

ATTACHMENT 2

CITY OF CARMEL-BY-THE-SEA, CALIFORNIA

NOTICE INVITING BIDS
for
Beach Access 12th & 10th Avenue Stairs Repair
Notice is hereby given that the City of Carmel-by-the-Sea is soliciting bids from qualified companies to replace and repair of deteriorated structural components for two different staircases that provide public access to Carmel Beach, located at 12th Avenue and 10th Avenue within 60 working days plus an additional ten (10) days for every Bid Additive the City decides to award for a potential total of up eighty (80) working date from the date specified in the written Notice to Proceed (NTP) issued by the Director of Public Works.

The contract and bidding documents will be made available Monday April 20th at http://ci.carmel.ca.us (under the tab “I Want to Submit a Bid or Proposal").

See Part V: Specifications and Project drawings titled Beach Access 12th & 10th Avenue Stairs Repair. This project will be managed by Ausonio, Inc., Construction Management under contract with the City. The beach will be open to the public while construction is ongoing.

There will be a Mandatory Site Tour scheduled for 1:00 PM on Tuesday, April 28, 2026, at 3325 Del Mar Ave, Carmel-by-the-Sea, CA 93921. The Pre-Bid Conference will allow bidders to receive an overview of the project and ask questions. Failure to attend and arrive on time may result in your bid being deemed non-responsive resulting in rejection of your bid.

Questions regarding this solicitation are to be directed to Gerardo A. Ramirez, Project Manager, at [email protected]. All questions must be in writing, submitted via email by May 5, 2026, at 5:00 PM.

Responses will be posted by Addendum on the City website at http://ci.carmel.ca.us by May 8, 2026.

Bids may be hand delivered or mailed as follows:

US Post Office FedEx/UPS/ Courier Service or Hand Delivery City of Carmel-by-the-Sea City of Carmel-by-the-Sea
City Clerk OR City Clerk
P.O. Box CC East side of Monte Verde between Ocean & Seventh Avenues Carmel-by-the-Sea, CA 93921 Carmel-by-the-Sea, CA 93921 Bids will be publicly opened at the City Hall Council Chambers, located on the east side of Monte Verde Street between Ocean and Seventh Avenues, at 3:00 PM on Friday, May 14, 2026. Bids received after the stated deadline will be returned unopened. Bids must be accompanied by a ten percent (10%) bid bond, certified check, or cashier's check payable to “City of Carmel-by-the-Sea.” Bid bonds shall be in original form and executed by the Bidder and an acceptable surety. At the time of the Bid opening, the successful Bidder must be legally entitled to perform Contracts requiring a California Class A or B Contractor’s License.

Per Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, this project is subject to prevailing hourly rate of per diem wages for this locality and project and compliance monitoring and enforcement by the Department of Industrial Relations. All Contractors and Subcontractors shall be listed in the bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, and shall be currently registered to perform public work pursuant to Section 1725.5 of the Labor Code.

ATTACHMENT 3
Bid Summary: Beach Access 12th and 10th Avenues Stairs Repair Contractor Price (Base Bid -
Basis of Award Add Alt Bid Grand Total Arithmetic Error/s on the Bid
Wave Construction $224,703.00 $79,500.00 $304,203.00 Yes Silcon Constructors $241,644.00 $63,099.00 $304,743.00 Yes Sharp $281,950.00 $91,900.00 $373,850.00 Yes
All Star
Development
Group
$284,000.00 $54,315.00 $338,315.00 Yes
Tombleson $410,867.00 $192,352.00 $603,219.00 Yes

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
June 2, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk, Brian Pierik, City Attorney APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Resolution 2026-040 Calling for the November 3, 2026 General Municipal Election, Requesting Consolidation with the Monterey County Elections Department, and Establishing Procedures for Resolving a Tie Vote; and Resolution 2026-041 Establishing Regulations for Candidate Statements; and approving a Service Agreement for the Provision of Election Services by the County of Monterey Department of Elections
RECOMMENDATION:
1) Motion to adopt Resolution 2026-040 Calling for the November 3, 2026 General Municipal Election, Requesting Consolidation with the Monterey County Elections Department, and Establishing Procedures for Resolving a Tie Vote (Attachment 1); 2) Motion to adopt Resolution 2026-041 Establishing Regulations for Candidate Statements (Attachment 2);
3) Motion to approve the Service Agreement for the Provision of Election Services by the County of Monterey Department of Elections (Attachment 3).

BACKGROUND / SUMMARY:

BACKGROUND
Per Carmel-by-the-Sea Municipal Code Chapter 2.73 and the California Elections Code, the City Council must order the holding of a general municipal election in November of each even-numbered year and request consolidation with the statewide

election conducted by the Monterey County Elections Department.

The City’s General Municipal Election will be held on Tuesday, November 3, 2026, for the following offices:
• One Mayor, for a two-year term expiring December 2028 • Two Councilmembers, for four-year terms expiring December 2030 A resolution calling the election and requesting consolidation with Monterey County is included as Attachment 1. The resolution specifies the election date, offices to be filled, and election procedures. Consolidation requires approval by the Monterey County Board of Supervisors, and the Monterey County Registrar of Voters will provide election services, including precinct coordination, vote center operations, ballot processing, canvassing, and certification of election results. The resolution authorizes the City to enter into an agreement with the Monterey County Elections Department for election services, included as Attachment 3. The City will reimburse the County for the cost of the consolidated election upon receipt of an invoice.

The City Clerk will continue to serve as the City’s Election Official and will be responsible for issuing and receiving nomination papers, campaign filing documents, and other candidate-related materials. The County will canvass and certify the election results and provide them to the City Clerk by 30 days after the election, as required by California Elections Code Section 15372. The City Clerk will then present the certified results to the City Council at the next available meeting.

In addition, California Elections Code Section 13307 requires the City Council to adopt regulations governing Candidate Statements, including word limits and responsibility for costs. A resolution adopting these regulations is included as Attachment 2 and must be adopted no later than 120 days before the election (July 6, 2026).

EXECUTIVE SUMMARY
This item includes two resolutions necessary to prepare for the November 3, 2026, General Municipal Election.

The first resolution (Attachment 1) calls the election and requests consolidation with the statewide election conducted by the Monterey County Elections Department. The election will be held to fill the offices of Mayor and two City Council seats.

The candidate filing period for the 2026 general municipal election will open at 9:00 a.m. on Monday, July 13, 2026, and close at 5:00 p.m. on Friday, August 7, 2026. If an incumbent for a specific office does not file nomination papers by the deadline, the filing period for that office will be extended for non-incumbent candidates only, closing at 5:00 p.m. on Wednesday, August 12, 2026, as provided by Elections Code Section

10225.

Candidates may submit an optional Candidate Statement of up to 200 words with their nomination papers. The statement may include the candidate’s background, education, and qualifications as expressed by the candidate, alongside their nomination papers.

Candidates are responsible for all costs associated with printing, handling, translating, and mailing their Candidate Statement, as determined by the Monterey County Registrar of Voters. The City Clerk will provide each candidate with an estimated cost at the time of filing; however, the final cost may vary. Candidates are also required to pay a $25 filing fee to the City when nomination papers are filed, as provided by Elections Code Section 10228.

The resolution also provides that, if two or more candidates receive the same highest number of votes, the tie will be resolved by lot, as permitted by Elections Code Section 15651.

The second resolution (Attachment 2) adopts the City’s regulations for Candidate Statements, as required by Elections Code Section 13307. These regulations must be adopted no later than 120 days before the election, which is July 6, 2026. The resolution satisfies this requirement and establishes the rules for Candidate Statement word limits, formatting, translation, and cost responsibility.

RECOMMENDATION
It is recommended that the City Council adopt both Resolutions attached, to satisfy the requirements of the California Elections Code and City Municipal Code to hold an election for certain offices in consolidation with the County of Monterey, and to adopt regulations for Candidate Statements as required.

After the adoption of the attached resolutions, the Council may choose to adopt separate resolutions regarding submitting ballot measures to voters for the November 3, 2026, Election. If so, the Council must adopt the ballot measure resolutions no later than July 8, 2026, in order to meet the deadlines established by the Monterey County Registrar of Voters.

It is also recommended that the Council approve the Service Agreement for the Provision of Election Services by the County of Monterey Department of Elections (Attachment 3).

FISCAL IMPACT:

The recommended annual operating budget for FY 26-27 includes a sufficient amount to cover the cost of consolidating the election with the County. The County provides a generalized estimate to all legislative bodies that the cost for consolidation is between $7-10 per registered voter.

Carmel-by-the-Sea has an estimated 2,562 registered voters, and the actual cost per

registered voter for the November 5, 2024, election was $3.52 per voter, totaling $9,011.88.

PRIOR CITY COUNCIL ACTION:

None for this action.

ATTACHMENTS:

1. Resolution_2026-040 - Calling Election 11-3-26

2. Resolution_2026-041 - Adopting Regulations for Candidate Statements

3. Agreement between City of Carmel and MC Elections for Nov. 3rd Election Services

ATTACHMENT 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-040

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

FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER, 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING THE MONTEREY COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF MONTEREY TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 2026, for the election of Municipal Officers for the City of Carmel-by-the-Sea; and WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city or district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election. The city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district; and
WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and
WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and
WHEREAS, it is desirable that the City of Carmel-by-the-Sea’s General Municipal Election, to be held on November 3, 2026, be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Monterey canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, Elections Code Section 15651 requires the city or district to determine the

Resolution 2026-040 ATTACHMENT 1

4937-0489-2320 v1
means and manner in which a tie vote is to be resolved in the event that two or more persons receive an equal number of votes and the highest number of votes ("tie votes") for an office to be voted upon; and
WHEREAS, various district, county, state, and other political subdivision elections may be or have been called to be held on November 3, 2026.

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

Section 1. Recitals. The recitals set forth above are incorporated herein by this reference.

Section 2. Calling of Election.

A. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Carmel-by-the-Sea, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing the following:

1. Mayor, one (1) for a full term of two (2) years.

2. Member of the City Council, two (2) for a full term of four years.

B. Nomination papers shall be filed with the City of Carmel-by-the-Sea's City Clerk not later than 5:00 p.m. on Friday, August 7, 2026, except that the nomination filing period will be extended to 5:00 p.m. on Wednesday, August 12, 2026, if an incumbent does not file or fails to qualify by close of the regular nomination period on August 7, 2026.

C. That the ballots to be used at the election shall be in form and content as required by law.

D. That the City Clerk is authorized, instructed and directed to coordinate with the Monterey County Elections Department to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

E. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Monterey and in compliance with the Elections Code of the State of California. In addition, the polls/vote centers for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Elections Code Section 14401.

F. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

G. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Resolution 2026-040 ATTACHMENT 1

4937-0489-2320 v1
H. Pursuant to California Elections Code Section 15651, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, the tie votes shall be resolved by lot. "By lot" means, by deciding the matter through implementing a method of chance, in order to afford each candidate receiving tie votes a fair opportunity at the election. In the interest of maintaining decorum, fairness, and transparency, the method implemented for resolving tie votes in Carmel-by-the-Sea's November 3, 2026, General Municipal Election shall be drawing of names in accordance with the following procedure:

1. For the office of member of the City Council, the City Clerk shall type the name of each candidate who has tied for office on a separate, but identical piece of paper, which shall be folded and deposited into a container and mixed so that the pieces of paper become indistinguishable. The City Clerk shall then draw from the container as many pieces of paper as there are seats on the City Council to be filled by the candidates who have tied. The candidate(s) whose name(s) appear(s) upon the drawn piece(s) of paper shall be deemed elected.

2. For the office of Mayor, the City Clerk shall type the name of each candidate who has tied for office on a separate, but identical piece of paper, which shall be folded and deposited into a container and mixed so that the pieces of paper become indistinguishable. The City Clerk shall then draw from the container one piece of paper and the candidate’s whose name appears upon the drawn piece of paper shall be deemed elected.

Section 3. Consolidation.

I. That pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of the County of Monterey is hereby requested to consent and agree to the consolidation of the City of Carmel-by-the-Sea’s General Municipal Election with the Statewide General Election on Tuesday, November, 3, 2026, for the purpose of the election of the following:

1. Mayor, one (1) for a full term of two (2) years.

2. Member of the City Council, two (2) for a full term of four years.

J. That the Monterey County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

K. That the Monterey County Board of Supervisors is requested to issue instructions to the Monterey County Elections Department to take any and all steps necessary for the holding of the consolidated election.

L. Pursuant to Elections Code Section 10002, that the Board of Supervisors of the County of Monterey is requested to permit the Monterey County Elections Department to provide any and all services necessary for conducting such General Municipal Election.

M. That the City of Carmel-by-the-Sea recognizes that additional costs will be incurred by the County of Monterey by reason of this consolidation and agrees to reimburse the County of Monterey for any such costs.

N. That the City Clerk is hereby directed to file a certified copy of this resolution with the Monterey County Board of Supervisors and the Monterey County Elections Department.

Resolution 2026-040 ATTACHMENT 1

4937-0489-2320 v1
Section 4. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

ATTACHMENT 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-041

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

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026
WHEREAS, the City Council called and ordered to be held on November 2, 2026, in the City of Carmel-by-the-Sea, California, a General Municipal Election for the purpose of electing the offices of the Mayor (one (1) for a full term of two (2) years) and Member of the City Council (two (2) for a full term of four years) and requested that the Monterey County Board of Supervisors consent to the consolidation of the General Municipal Election with the Statewide General Election to be held on the same date; and
WHEREAS, Elections Code Section 13307 provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement; and WHEREAS, pursuant to Elections Code Section 13307, whenever an election called by a district, city, or other political subdivision has offices to be filled, it is required to fix and determine the number of words that a candidate may submit on the candidate's statement to be either 200 or 400 words and to determine if the candidate and or the political subdivision will pay the cost of the statement.

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

Section 1. Recitals. The recitals set forth above are incorporated herein by this reference.

Section 2. General Provisions. That pursuant to Elections Code Section 13307, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Carmelby-the-Sea on November 3, 2026, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s own education and qualifications expressed by the candidate. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 3. Foreign Language Policy.

A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Monterey . The County of Monterey is required to translate candidates’ statements into all languages required by law for the City of Carmel-by-the-Sea in the County of Monterey, California.

Resolution 2026-041 ATTACHMENT 2

4903-7494-2624 v1
B. The County of Monterey will print and mail voter information guides and candidates’ statements to all voters in those languages required by law for the City of Carmel-bythe-Sea in the County of Monterey, California.

The County of Monterey will make the voter information guides and candidates’ statements in the required languages available at all polling places, on the County of Monterey’s website, and in the City Election Official’s office.

Section 4. Payment.

C. Translations

1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (A) and (B) of Section 3 above pursuant to Federal and/or State law.

2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and (B) of Section 3 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.

D. Printing

1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in (A) of Section 3 above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate per (B) of Section 3 above, in the main voter pamphlet.

4. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required by (A) of Section 3 above, in the facsimile voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters’ pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidate’s filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Resolution 2026-041 ATTACHMENT 2

4903-7494-2624 v1
Section 5. Miscellaneous.

E. All translations shall be provided by professionally-certified translators.

F. Pursuant to Elections Code 13307(b)(1), the statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.

G. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

Section 6. Additional Materials. No candidate will be permitted to include additional materials in the voter information guide.

Section 7. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

Section 8. That all previous resolutions establishing council policy on payment for candidate’s statements are repealed.

Section 9. That this resolution shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

SERVICE AGREEMENT FOR THE PROVISION OF ELECTION
SERVICES BETWEEN City of Carmel-by-the-Sea AND

COUNTY OF MONTEREY DEPARTMENT OF ELECTIONS
November 3, 2026
This Agreement, entered into this ____ day of _______ 2026, by and between City of Carmel-by-the-Sea and County of Monterey Department of Elections (hereinafter referred to as the Department);
WHEREAS, it is necessary and desirable that the Department be retained for the purpose of conducting an election hereinafter described for the City of Carmel-by-the-Sea (hereinafter referred to as the City);
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

SERVICES TO BE PERFORMED BY THE CITY:
1) No later than the 88th day prior to the election the City shall submit a resolution requesting the Department to conduct an election for the City on November 3, 2026 and requesting election related services of the Department. 2) The City shall publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on, and/or the Notice to File Arguments for or against any measure.
3) The City shall submit to the Department in writing the exact number of offices to be voted on and the names and ballot designations of the candidates for those offices, and/or the exact ballot wording to be voted by no later than the 88th day prior to the election, or by the 83rd day prior to the election if Elections Code §§ 10225, 10229, and 10407 are applicable.
4) The City shall prepare and deliver to the Department the Voter Guide information containing, as applicable, candidates' statements of qualifications, ballot measure, tax rate statements, impartial analysis, arguments for or against and rebuttals thereto. The last day for the submission of primary arguments (300 words) and Election Services Agreement
County of Monterey Department of Elections and
City of Carmel-by-the-Sea
November 3, 2026

ATTACHMENT 3

impartial analysis shall be no later than AUGUST 13, 2026. The last day for the submission of rebuttal arguments (250 words) is AUGUST 20, 2026. 5) The City shall be responsible for reviewing and approving the language of the sample ballot and official ballot wording for candidates and measures.

SERVICES TO BE PERFORMED BY THE DEPARTMENT:
1) The Department shall select and contract with the sample and official ballot printer(s) on behalf of the City.
2) The Department shall prepare and deliver to the printer the official ballot information. 3) The Department shall issue, receive and process all ballots on behalf of the City matters. 4) The Department shall procure all necessary and appropriate polling place locations, hire polling place workers, and conduct the election in accordance with all applicable state, federal and local laws.
5) The Department shall prepare a Canvass of Votes Cast and submit a Certificate of Registrar of Voters to the City regarding the City matters.
6) The Department shall conduct other various and miscellaneous election activities as required including but not limited to all those required as the City's Election Official other than those described under "Services to be Performed by the City".

TERMS:

This Agreement shall be in effect for the performance of all services incident to the preparation and conduct of the election to be held on NOVEMBER 3, 2026.

The parties will use best efforts to perform services herein. However, in the event the Department is unable to perform services required under this Agreement that are beyond their control, including an employee strike, vendor conditions, natural disasters, war, or other similar conditions, the Department will be relieved of all obligations under this Agreement. The Department will provide reasonable notice, if practical, of any conditions beyond their control, including notice at least 60 days prior to NOVEMBER 3, 2026 of vendor conditions affecting the election services. In the event a vendor does not perform, the Department will attempt to obtain substitute services.

Election Services Agreement
County of Monterey Department of Elections and
City of Carmel-by-the-Sea
November 3, 2026

ATTACHMENT 3

CONSIDERATION:

In consideration of the performance of services and supplies provided by the Department, the City shall pay to the Department a sum equal to the actual cost of such services, expenses, and supplies related to the work performed on behalf of City. In the event that this Agreement is terminated prematurely, the City shall pay to the Department a sum equal to the actual cost of such services performed or supplies/expenses incurred as of the effective date of the termination.

The City shall make payment within 30 days of receipt of invoice from the Department.

CITY:

Signature: Date:

Print Name:

Title:

COUNTY:

Signature: ___________________ Date: ______ _
Print Name: Gina Martinez
Title: County of Monterey, Registrar of Voters
Election Services Agreement
County of Monterey Department of Elections and
City of Carmel-by-the-Sea
November 3, 2026

ATTACHMENT 3

4920-8742-1858 v1 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

1. Motion to adopt Resolution 2026-042 Submitting To The Qualified Electors Of The City Of Carmel-By-TheSea A Measure To Adopt A New Two Percent Transient Occupancy Tax, In Addition To Existing Ten Percent Transient Occupancy Tax, And Approving The Form Of The Ordinance To Be Submitted To The Voters; Requesting The Monterey County Elections Department To Conduct The Election And Requesting Consolidation Of The General Municipal Election With The Statewide General Election To Be Held On November 3, 2026; Directing The City Attorney To Prepare An Impartial Analysis Concerning Such Measure; Authorizing The Drafting Of Primary Arguments And Rebuttals Concerning Such Measure (Attachment 1) or, in the alternative, provide direction.

2. Motion to approve Draft Primary Argument in support of Proposed Measure.

BACKGROUND / SUMMARY
I. Background
On February 3, 2026, the City Council directed staff to prepare a ballot measure to be presented to the voters for the general municipal elections on November 3, 2026 that would propose an effective increase in the Transient Occupancy Tax (TOT) from 10% to 12%.

June 2, 2026
Public Hearing
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Resolution 2026-042 Submitting To The Qualified Electors Of The City Of Carmel-ByThe-Sea A Measure To Adopt A New Two Percent Transient Occupancy Tax, In Addition To Existing Ten Percent Transient Occupancy Tax, And Approving The Form Of The Ordinance To Be Submitted To The Voters; Requesting The Monterey County Elections Department To Conduct The Election And Requesting Consolidation Of The General Municipal Election With The Statewide General Election To Be Held On November 3, 2026; Directing The City Attorney To Prepare An Impartial Analysis Concerning Such Measure; Authorizing The Drafting Of Primary Arguments And Rebuttals Concerning Such Measure or, in the alternative, provide direction and Motion to approve Draft Primary Argument in support of Proposed Measure

RECOMMENDATION

4920-8742-1858 v1 2
On April 7, 2026, Council was presented with a Staff Report and proposed Resolutions for a ballot measure to increase the City’s transient occupancy tax from 10% to 12%. The Council expressed support for the second Resolution and directed that a Resolution be brought back to the Council for further discussion on May 4, 2026.

On May 4, 2026, the City Council discussed a draft Resolution to submit to the Qualified Electors Of The City A Measure To Adopt A New Two Percent Transient Occupancy Tax in addition To Existing Ten Percent Transient Occupancy Tax. The direction by the Council was to return to the Council on June 2, 2026 with a Resolution for adoption or, in the alternative, for direction.

The draft Resolution is Attachment 1 to this Staff Report and draft Ordinance is attached to the Resolution as Exhibit A. Attachment 2 is a redline version of the Ordinance showing the proposed changes to Chapter 3.32 of the City’s Municipal Code. Attachment 3 is a clean version of the Ordinance which accepts the redline changes.

II. Discussion
In order to submit the TOT measure to the City’s qualified voters, the City Council must carry out certain acts, including the adoption of the attached draft resolution sending the TOT measure to the voters. This staff report provides background information that is relevant to the City Council’s discussion and direction on the attached draft resolution and ordinance.

A. Votes Required to submit the TOT measure and to Increase TOT Rate Under Proposition 2181
, the City may only impose a general tax if: (a) two-thirds of the members of the City Council (which would be four affirmative votes) approve placing a tax measure on the ballot for voter consideration, and (b) the ballot measure is approved by a majority vote of the electorate at a general municipal election (for the election of members of Council).2 The next general municipal election is November 3, 2026.

B. Proposed New TOT and the Current TOT
As noted above, the City’s existing 10% TOT is codified at Carmel-by-the-Sea Municipal Code (“Municipal Code”) Chapter 3.32. The proposed new TOT would be at the rate of 2% and would effectively raise the TOT rate to 12%. The City Council may discuss and provide direction on whether this 2% increase is what the City Council desires to submit to the voters.

C. Form of Ballot Question
The TOT measure’s ballot question must meet the following requirements: (1) no more than 75 words and in the format of a “yes” or “no” question; (2) include “the amount of money to be raised annually and the rate and duration of the tax to be levied”3
; and (3) “be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.”4 It must also be in the form of “Shall the measure … be adopted?”5 As such, the City Council should discuss and provide direction on the wording of the ballot question. 1 Cal. Constitution Articles XIIIC and XIII D.
2 Cal. Gov. Code Sections 53723 and 53724, subject to limited exceptions for the timing of elections for declared emergencies.
3 Cal. Elections Code Section 13119(b).
4 Cal. Elections Code Section 13119(c).
5 Cal. Elections Code Section 13119(a).

4920-8742-1858 v1 3
Two options for a ballot question for a transient occupancy tax that is a general tax are as follows:6 Option 1:
“Shall the measure providing additional funding for City of Carmel-by-the-Sea general government purposes by establishing a new transient occupancy tax of 2%, paid by lodging guests to the operators of hotels and hostelries, in addition to the existing 10% transient occupancy tax, so the total tax rate is 12%, with the new 2% tax providing approximately $1,900,000 annually and the 12% providing approximately $11,700,000 annually in total until ended by voters, be adopted?”
Option 2:
“To upgrade streets and sidewalks, address beach erosion, enhance wildfire preparedness, maintain City trees, and fund other general government purposes in Carmel-by-the-Sea, shall the measure establishing a new 2% transient occupancy tax, paid by hotel/lodging guests, in addition to the existing 10% transient occupancy tax, increasing the total tax rate to 12%, with the new 2% tax generating approximately $1,900,000 annually, and the total 12% tax generating $11,700,000 annually, until ended by voters, be adopted?” The Council may decide which of the Options to select for the Ballot Question or may choose to approve some other language for a ballot question subject to the 75 word limit.

D. Election Procedures
The following section provides information to the City Council on the election procedures that will need to be followed when submitting the TOT measure to the City’s qualified voters.

1. Getting the Measure on the Ballot
In order to submit a TOT measure to the voters at the November 3, 2026, general municipal election, the City Council must adopt a resolution that (1) submits the measure to the voters at the November 3, 2026, General Municipal Election and includes the TOT ordinance with a new two percent transient occupancy tax, in addition to existing ten percent transient occupancy tax, and (2) authorizes the drafting of primary arguments by all or some councilmembers, directs the City Attorney to draft an impartial analysis of the measure, and authorizes rebuttal arguments.

In order to be adopted, this resolution must be approved by a 2/3 vote (i.e., 4/5) of the City Council and submitted to the County no later than 88 days prior to the election.7 Measures may be withdrawn no later than after the 83rd day prior to the election.8
a. Submitting the ballot measure to the voters
The City Council is generally permitted to submit measures to the voters by adopting a resolution to that effect.9 This resolution must also include a ballot question pursuant to Elections Code Section 13247, which must meet the requirements referenced and discussed above. The ordinance establishing the new 2% TOT must also be attached to the resolution. However, as stated above, general taxes must be submitted at a general municipal election unless an emergency is unanimously declared by the City Council. 6 The City is authorized to identify sample expenditures of anticipated TOT revenue without converting the general tax to a special tax, as long as a phrase similar to “and general government use” is included in the list. 7 Cal. Elections Code Section 9222.
8 Cal. Elections Code Section 9605.
9 Cal. Elections Code Section 9222 and 10201.

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b. Requesting the consolidation of General Municipal Election with the Statewide General Election on November 3, 2026
For the purposes of the proposed measure, the City Council may request that the November 3, 2026, general municipal election be consolidated with the Statewide General Election held on the same date.10 Although the City will have to pay the County for the associated costs of consolidation, this is a standard practice that virtually all cities in California follow, because the costs for a city to run its own election are typically prohibitive. c. Authorizing the drafting of primary arguments, directing the City Attorney to draft an impartial analysis of the measure, and authorizing rebuttal arguments (1) Primary Arguments
Elections Code Section 9282(b) permits the City Council to authorize a member or members to author and submit primary arguments relating to a ballot measure placed on the ballot by the City Council; however, if the City Council authorizes a quorum of its membership to draft the primary argument, such drafting and approval thereof is subject to the Brown Act. In other words, a majority of members of Council must not discuss the arguments outside a public meeting. Such arguments may not exceed 300 words.

Primary arguments are typically due 14 days after the call of the election pursuant to Elections Code Section 9286(a); however, for consolidated elections, as is the case here, this deadline does not apply. Instead, the City Clerk may set the deadline based upon the election calendar provided by the County. For the November 3, 2026 Election, the Monterey County Elections Department Calendar (see Attachment 4) has designated August 13, 2026 as the deadline for primary arguments.

The City Clerk has prepared a City Clerk Ballot Measure Deadlines for November 3, 2026 Election (Attachment 5) which has deadlines in advance of the County deadlines to permit time for the City Clerk to review the Primary Arguments and file the Primary Arguments with the County.

The Primary arguments must be filed with the City Clerk by August 7, 2026 at 5 pm and the City Clerk then files the Primary Argument with the County by August 13, 2026 at 5 pm. After primary arguments are filed, the 10-day public examination period commences.11
If more than one primary argument for or against a measure is submitted, then the City Clerk chooses the argument to appear on the ballot based upon the priorities provided in Elections Code Section 9287 as follows:
1/ The legislative body, or member or members of the legislative body authorized by that body.
2/ The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
3/ Bona fide associations of citizens.
4/ Individual voters who are eligible to vote on the measure.

Based upon the direction from the City Council at its meeting on May 4, 2026, Mayor Pro Tem Bob Delves and Councilmember Hans Buder have drafted a Primary Argument in support of the proposed ballot measure which is Attachment 6 to this Staff Report.
10 Cal. Elections Code Section 10403.
11 Cal. Elections Code Section 9295.

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(2) City Attorney’s Impartial Analysis
When a measure qualifies for the ballot, the city attorney, on direction of the City Council, must prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure.12 The impartial analysis must include a statement indicating whether the measure was placed on the ballot by the voters or by the City Council and is limited to 500 words.13 For the November 3, 2026 Election, the Monterey County Elections Department Calendar has designated August 13, 2026 as the deadline for the City Attorney’s Impartial Analysis. Similar to the primary arguments, there is a 10-day public examination period after the deadline to impartial analysis.

The deadline for the City Attorney to file the impartial analysis with the City Clerk is August 7, 2026 at 5 pm and the City Clerk then files that Impartial Analysis with the County by August 13, 2026 at 5 pm. (3) Rebuttal Arguments
The City Council may also authorize rebuttal arguments.14 Rebuttal arguments cannot exceed 250 words and may only be written by the authors of the selected primary arguments, and must be filed no later than 10 days after the final filing date for primary arguments.15 For the November 3, 2026 Election, the Monterey County Elections Department Calendar has designated August 20, 2026 as the deadline for the rebuttal arguments.

Similar to the primary arguments and impartial analysis, there is a 10-day public examination period after the deadline to submit rebuttal arguments.

When an argument in favor and an argument against a measure have been selected to be printed in the voter information guide, the elections official shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure. The author or a majority of the authors of the Primary argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Elections Code Section 9285.

The Rebuttal arguments must be filed with the City Clerk by August 17, 2026 at 5 pm to permit time for review by the City Clerk who then files the Rebuttal Arguments with the County by August 20, 2026 at 5 pm III. Campaign and Election Activities
This section of the Staff Report provides general guidance on campaign and election activities related to ballot measures that elected officials and staff may permissibly perform.

California law proscribes certain campaign and election activities of municipal governments and their elected and appointed officials, officers, and employees (collectively “City Officials”). As a result, it is important to pay close attention to election-related conduct because failure to do so can result in personal civil and criminal liability. This liability could arise from impermissible authorization of expenditures of public funds, improper use of public resources, or failure to act with due care.16 While this section of the Staff Report provides a number of practical guidelines for City Officials to follow during local elections, it is not intended to universally address the specific facts of each individual act or occurrence. 12 Cal. Elections Code Section 9280.
13 Cal. Elections Code Section 9280.
14 Cal. Elections Code Section 9285.
15 Cal. Elections Code Section 9285(a).
16 Cal. Gov. Code §§ 8314, 83116, 89001, 91000, 91004; 2 Cal. Code Regs. §18901.1; Cal. Penal Code § 424; Vargas v.

City of Salinas (2009) 46 Cal.4th 1, 36; Stanson v. Mott (1976) 17 Cal.3d 206, 226-27.

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Thus, we recommend that questions concerning specific campaign and election conduct not specifically addressed herein be directed to the City Attorney’s office.

A. General Guidelines
Laws governing the personal activities of City Officials during elections are intended to strike a balance among the duties of public officials, permissible uses of public funds, and voter protections. City Officials have free speech rights that they are entitled to exercise in their individual capacities, the use of public funds is strictly limited in the context of election activities, and voters are entitled to a fair election process that is free of undue influence.17 In recognition of these interests, a general principle emerges: City Officials may not use taxpayerfunded resources to support, oppose, or promote a candidate for public office or ballot measure. However, City Officials may act in their individual capacities to engage in political activities in limited circumstances. What follows is a more detailed discussion, separated for ease of reference into sections covering both permissible and impermissible activities.

B. Permissible Activities
The following provides a convenient summary of the most commonly encountered permissible activities that City Officials may engage in related to ballot measures and campaign activities:

1. Council May Take a Position: The City Council may take a position on a ballot measure in an open and public meeting where all perspectives may be shared;18

2. City Staff May Prepare Impartial Reports: City staff may prepare impartial staff reports and other analyses of ballot measures to assist decision-makers in determining the impact of the measure and what position to take;19

3. Informational Material: City Officials acting within the scope of their duties may provide strictly informational material concerning a proposed ballot measure, but may not promote a particular position

4. City Communication Channels: City Officials may communicate about a measure through regular City communication channels (e.g., City website or newsletter), in a way that impartially emphasizes factual information, and does not use advocacy, persuasive, or argumentative language.20

5. Respond to Inquiries: City Officials may respond to inquiries about ballot measures in ways that provide a fair presentation of the facts about the measure and the City’s view of the merits of a ballot measure including, if applicable, the City Council’s position on the measure;21

6. City Facilities: In limited circumstances, certain public facilities (like libraries and community centers) may be used for private political or campaign purposes.22 Such public facilities may be used in this way if: the facilities are generally made available to the public for private functions; the organizers of the event comply with all standard requirements of the facilities; no public funds or resources are used to support the event; City Officials attend only in their individual and personal capacities; and the facilities are otherwise open and available for the expression of other points of view. 17 Fort v. Civil Service Comm. (1964) 61 Cal.2d 331, 334 (right to participate in political activities as an individual); Stanson, supra, 17 Cal.3d at 217 (use of public funds in election campaign can lead to an “improper distortion of the democratic electoral process”).
18 Vargas, 46 Cal. 4th at 36-37.
19 Vargas, 46 Cal. 4th at 36-37.
20 Vargas, 46 Cal. 4th at 34, 40
21 Vargas, 46 Cal. 4th at 24-25, 33.
22 Gov. Code § 3207.

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7. Presentation of City Position: City Councilmembers may accept invitations to present the agency’s views before organizations interested in the ballot measure’s effects including, if applicable, the City Council’s position on the measure.23

8. Off-Duty Political Activities: City Officials may engage in political activities while off-duty.24 City Officials are considered to be off-duty at times when they are away from City Hall or when they are not otherwise conducting business of the City. When speaking or appearing at functions in their official capacities, City Officials are considered to be on-duty. While off-duty, City Officials may engage in political activities such as attending a political rally, participating in a campaign committee, making calls at a phone bank, performing campaign-related work, posting campaign signs, registering voters, or advocating that persons contribute or vote for or against a candidate or ballot measure.

9. Contact with City Vendors and Solicitation of Campaign Contributions: City Officials may while off-duty request a list of City vendors and may contact those vendors and solicit campaign contributions for individual candidates and ballot measures.25

10. Endorsements: City Officials may make endorsements in an individual capacity. For example, a Councilmember may endorse a particular position on a ballot measure and may reference their official position; however, the endorsement cannot suggest that they are representing the City or the City Council.26
C. Impermissible Activities

1. No City Funds: City Officials may not use City funds or resources to advocate for or against, a local ballot measure or candidate.27

2. No Use of City Communications: City communications regarding a ballot measure may not encourage the public to adopt the agency’s views, vote one way or another, or take any other actions in support of or in opposition to the measure.28

3. On Duty: City Officials may not engage in political activities, such as attending campaign meetings, rallies or other campaign-related functions, distributing political materials, posting political signs, making campaign calls, or performing any other campaign-related tasks while on duty.29
Note: The “on duty” restrictions developed through the evaluation of traditional City employees where it is relatively easy to determine whether City employees are acting on City time and using City resources. This evaluation is more subtle with City Councilmembers who do not have an hourly schedule. It is therefore best to evaluate Councilmembers’ activities in the framework of whether they are acting in their individual capacity vs. their capacity as a Councilmember performing Council-related duties, and whether the Councilmember is using City resources when engaging in political activities.
23 Vargas, 46 Cal. 4th at 25, 36, citing Stanson, 17 Cal. 3d at 221. 24 Fort, 61 Cal.2d at 334; see also Gov. Code § 3201 & § 3203. 25 Government Code § 82030; Breakzone Billiards v. City of Torrance, (2000) 81 Cal.App.4th 1205. 26 CA FPPC Adv. Letter I-00-216.
27 Stanson, 17 Cal. 3d at 217; Schroeder v. Irvine City Council (2004) 97 Cal.App.4th 174; Gov. Code § 8314; California Legislative Counsel Opinion No. 154 (09-18-80).
28 Vargas, 46 Cal. 4th at 40.
29 Government Code § 3207.

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4. No City Resources: City Officials may not use City funds or resources including City office space and equipment, City phones, or City email, to advocate a position or otherwise use City funds or resources to support personal political activities.30

5. Not While in Uniform: City Officials who wear a City-provided or required uniform as required by their employment may not participate in any political activity while in uniform, even during off-duty time.31

6. No City Funds To Advocate: City Officials may not use public funds for communications that expressly advocate a particular result in an election, or disseminate advocacy materials prepared by others.

7. No City Funds for Campaign Materials: City Officials may not purchase campaign materials such as buttons, stickers, posters, advertising floats, television and radio spots, and billboards.

8. No City Funds for Campaign Brochures: Producing and mailing promotional campaign brochures is also prohibited, even when those documents contain some useful factual information for the public.32

9. No Solicitation of Contributions from City Officers or Employees: City Officials may not knowingly, directly or indirectly, solicit a contribution or donation for a political campaign from any City officer or employee, even when the City Official is off-duty.33 Prohibited solicitation activities include obtaining address lists, direct solicitation, and mass mailings.

10. No Use of Authority or Influence: City Officials may not use the authority or influence of his or her official position to persuade or induce any officer or employee to take or refrain from taking any type of political action, including persuading or inducing any individual to vote, contribute, or campaign for or against a measure.34

11. No Promises of Compensation: City Officials, whether on or off-duty, may not promise to provide any person with a gift, money, promotion, job, or other form of compensation in return for a contribution or vote.35

12. No On-Duty Advocacy: For candidate campaigns, City Officials acting within the scope of their duties may not advocate for or against a candidate for office. 36 D. Conclusion And Additional References
Laws governing campaign and elections activities are complex. However, the general principles are that City Officials may not use taxpayer-funded resources to support, oppose, or promote a candidate for public office or ballot measure, but City Officials may, in limited circumstances, act in their individual capacities to engage in political activities.
30 Government Code § 54964; Stanson, 17 Cal.3d at p. 209-210. 31 Government Code § 3206.
32 Vargas, 46 Cal. 4th at 24, 25, 39 n. 20.
33 Government Code § 3205(a).
34 Government Code § 3204.
35 Government Code §§ 3204 & 3205.5; Elections Code § 18520. 36 Stanson, 17 Cal. 3d at 206 & 220; Governor Gray Davis Committee v. American Taxpayer’s Alliance (2002) 102 Cal.App.4th 449.

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In addition to the information provided above regarding campaign and election activities relating to ballot measures, included here are two helpful references published by the Institute for Local Government which provide additional information on the above rules:

Institute for Local Government Publication: Ballot Measures and Public Agencies:
https://www.ca-ilg.org/sites/main/files/file-attachments/ballot_measures_and_public_agencies.pdf Institute for Local Government Publication: Ballot Measure Activities & Public Resources:
https://www.ca-ilg.org/sites/main/files/file-attachments/ballot_measure_activities_2018.pdf

FISCAL IMPACT
If the ballot measure is approved by the voters at the election on November 3, 2026, the estimated additional annual revenue from the new 2% TOT would be approximately $1.9 million.

The City would have to pay the County of Monterey for the costs associated with including the ballot measure on the November 3, 2026, ballot and that cost is estimated to be between approximately $5,000 to $10,000.

PRIOR CITY COUNCIL ACTION
Discussion and direction at the City Council Meeting on February 3, 2026 as described above.

Discussion and direction at the City Council Meeting on April 7, 2026 as described above.

Discussion and direction at the City Council Meeting on May 4, 2026 as described above.

ATTACHMENTS
1, Resolution 2026-042

2. Redline Version of proposed Ordinance showing changes to existing sections of City Municipal Code

3. Clean Version of proposed Ordinance City Municipal Code

4. Monterey County Elections Department Calendar for November 3, 2026 Election

5. City Clerk Ballot Measure Deadlines for November 3, 2026 Election

6. Draft Primary Argument in Support of Proposed Ballot Measure

ATTACHMENT 1
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CITY OF CARMEL-BY THE SEA

CITY COUNCIL
RESOLUTION NO. 2026-042

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF CARMELBY-THE-SEA A MEASURE TO ADOPT A NEW TWO PERCENT TRANSIENT OCCUPANCY

TAX, IN ADDITION TO EXISTING TEN PERCENT TRANSIENT OCCUPANCY TAX, AND APPROVING THE FORM OF THE ORDINANCE TO BE SUBMITTED TO THE VOTERS;

REQUESTING THE MONTEREY COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE

ELECTION AND REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS CONCERNING SUCH MEASURE; AUTHORIZING THE DRAFTING OF PRIMARY

ARGUMENTS AND REBUTTALS CONCERNING SUCH MEASURE
WHEREAS, pursuant to Resolution No. 2026-040, the City Council has called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of electing council members as provided therein (“General Municipal Election”) and requested that the Monterey County Board of Supervisors consent to the consolidation of the General Municipal Election with the Statewide General Election to be held on the same date; and WHEREAS, the City imposes a transient occupancy tax pursuant to Chapter 3.32 of the City of Carmel-by- the-Sea Municipal Code (“TOT”); and
WHEREAS, pursuant to Article XIIIC of the California Constitution, Section 53720 et seq. of the California Government Code, the City has the authority to levy a general tax, including, but not limited to, increasing an existing tax; and
WHEREAS, Article XIIIC, Section 2, of the California Constitution requires that the election at which a general tax is submitted to the electorate shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body; and WHEREAS, the City Council desires to submit a measure proposing a new 2% TOT that would be in addition to the existing 10% TOT to the voters of the City at the General Municipal Election to be held on November 3, 2026, that was called pursuant to Resolution No. 2026-040; and
WHEREAS, the proposed measure contemplated by this Resolution establishes a general tax in which the proceeds will be deposited in the City’s General Fund for general government use; and
WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and
WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a

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district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and
WHEREAS, it is desirable that the General Municipal Election to be held on November 3, 2026, be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County of Monterey Election Department canvass the returns of such General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, The City Council exercises its independent judgment and finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA"), because the enactment of this Resolution: (1) does not constitute a “project” as defined by CEQA pursuant to California Code of Regulations, Title 14, Sections 15060(c)(3) and 15378; (2) will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to California Code of Regulations, Title 14, Section 15060(c)(2); and (3) is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to California Code of Regulations, Title 14, Section 15061(b)(3).

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

1. Recitals. The recitals set forth above are incorporated herein by this reference.

2. Submission of Measure. Pursuant to the laws of the State of California, including, but not limited to, Elections Code Section 9222 and 10201, the City Council, pursuant to its right and authority, does hereby order the submission to the voters of the City at the General Municipal Election to be held on November 3, 2026, which was called pursuant to Resolution No2026-040, a ballot measure that, if approved, establishes a new 2% transient occupancy tax that is in addition to the existing 10% transient occupancy tax so the total tax rate is 12%, with the new 2% tax providing approximately $1,952,981 annually and the 12% providing approximately $11,717,886 annually in total and will be effective until ended by voters (“Measure”). As required by Elections Code Section 13247, the abbreviated form of the Measure to appear on the ballot is specified below in Section 3.

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3. Question. Accordingly, the City Council hereby orders the following question to be submitted to the voters at the General Municipal Election:

YES
Option 1
“Shall the measure providing additional funding
for City of Carmel-by-the-Sea general
government purposes by establishing a new
transient occupancy tax of 2%, paid by lodging
guests to the operators of hotels and hostelries,
in addition to the existing 10% transient
occupancy tax, so the total tax rate is 12%, with
the new 2% tax providing approximately
$1,900,000 annually and the 12% providing
approximately $11,700,000 annually in total until
ended by voters, be adopted?”
---OR----
Option 2
“To upgrade streets and sidewalks, address
beach erosion, enhance wildfire preparedness,
maintain City trees, and fund other general
government purposes in Carmel-by-the-Sea,
shall the measure establishing a new 2%
transient occupancy tax, paid by hotel/lodging
guests, in addition to the existing 10% transient
occupancy tax, increasing the total tax rate to
12%, with the new 2% tax generating
approximately $1,900,000 annually, and the total
12% tax generating $11,700,000 annually, until
ended by voters, be adopted?”
NO

4. Proposed Measure. The proposed complete text of the Measure with the proposed Ordinance No. 2026-002 to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated herein by this reference. Further, the City Council hereby approves such proposed complete text of the Measure with proposed Ordinance No. 2026-002 in the form as provided in Exhibit A and the submission thereof to the voters of the City.

5. Voter Approval Requirement. The vote requirement for this Measure to pass shall be a majority of those casting ballots on the Measure (50% plus 1).

6. Publication of Measure. The City Clerk is directed to publish a synopsis of the Measure in a newspaper of general circulation in the City of Carmel-by-the-Sea as required by applicable law.

7. Coordination. The City Clerk is authorized, instructed, and directed to coordinate with the Monterey County Elections Department to procure and furnish and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in

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order to properly and lawfully conduct the election.

8. Request for Consolidation.
a. Pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of the County of Monterey is hereby requested to consent and agree to the consolidation of the General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of submitting to the voters the abovementioned Measure. b. The Monterey County Elections Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide elections, including, but not limited to, Elections Code Section 10418.
c. The Board of Supervisors of the County of Monterey is requested to issue instructions to the Monterey County Elections Department to take any and all steps necessary for conducting and holding the consolidated election.
d. Pursuant to Elections Code Section 10002, the Board of Supervisors of the County of Monterey is requested to permit the Monterey County Elections Department to provide any and all services necessary for conducting such General Municipal Election. e. The City of Carmel-by-the-Sea recognizes that additional costs will be incurred by the County of Monterey by reason of this consolidation and agrees to reimburse the County of Monterey for any costs.

9. Filing with County. The City Clerk shall file a certified copy of this Resolution with the Monterey County Board of Supervisors and Monterey County Elections Department.

10. Arguments and Impartial Analysis.

The City Clerk is authorized to set dates for the submission of Primary Arguments, City Attorney Impartial Analysis and Rebuttal Arguments in advance of the dates set by the County in order for the City Clerk time for review and submit these filings to the County of Monterey. a. Primary Arguments.
i. Pursuant to Elections Code Section 9282, the City Council authorizes the Mayor and City Councilmembers to author and submit the primary argument in favor of the Measure not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code, and authorizes the Mayor and City Councilmembers i, to submit a rebuttal argument to the argument against the Measure pursuant to Section 10(c) f time permits or, in the alternative, the rebuttal argument shall be submitted by the Mayor and Mayor Pro Tem ii. A primary argument in favor or against the Measure shall not exceed 300 words in length and shall be accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or, if on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code. Primary

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arguments shall be accompanied by the Form of Statement to Be Filed By Author(s) of Argument.

Submittals of primary arguments are to be delivered to the City Clerk no later than 5:00 p.m. on August 7, 2026, and may be changed or withdrawn up and until such date and time. iii. In the event that more than one argument in favor or against the foregoing Measure is timely submitted, then consistent with Elections Code Section 9287, the City Clerk shall select the argument to be included with the ballot materials, giving preference and priority first, to arguments submitted by member(s) of the City Council, and second, to individual voters, or bona fide associations of citizens, or a combination thereof, in the order set forth in Elections Code Section 9287.
b. City Attorney Impartial Analysis. The City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. Pursuant to Elections Code Section 9280, the City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on existing law and the operation of the Measure. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: “The above statement is an impartial analysis of Ordinance or Measure _________. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.” The City Attorney impartial analysis shall be delivered to the City Clerk by 5:00 p.m. on August 7, 2026. c. Rebuttal Arguments.
i. Pursuant to Section 9285 of the Elections Code of the State of California, rebuttal arguments shall be permitted for the Measure. ii. When the City Clerk has selected the primary arguments for and against the Measure (not exceeding 300 words each), which will be printed and distributed to the voters, the City Clerk shall send a copy of an argument in favor of the Measure to the authors of any argument against the Measure and a copy of an argument against the Measure to the authors of any argument in favor of the Measure immediately upon receiving the arguments. iii. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors. iv. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, by 5:00 p.m. on August 17, 2026. The rebuttal arguments shall be accompanied by the Form of Statement to Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. v. The provisions of Section 10(c) shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

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d. Printing. The City Clerk shall cause the City Attorney’s impartial analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding the same.

11. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

12. Conduct of Election as Provided by Law. In all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted as provided by law for holding municipal elections.

13. Implementation. The City Clerk and City Administrator are authorized to take all actions as necessary to effectuate the purposes of this Resolution and the election. The City Administrator is authorized to execute all documents and to perform all other necessary City acts to enter into a service agreement for the provision of election services with Monterey County Elections Department. The City Administrator is authorized to make any typographical, clerical, and non-substantive corrections to this Resolution and its exhibits/attachments.

14. Printing of Measure. The City Council of the City of Carmel-by-the-Sea hereby requests that the Monterey County Elections Department print the attached full Measure text Exhibit A exactly as filed or indicated on the filed document in the voter information guide for the November 3, 2026 Statewide General Election.

15. Environmental Compliance. The City finds that the adoption of this Resolution and the proposed Ordinance are not subject to environmental review under the California Environmental Quality Act ("CEQA") because this Resolution and proposed Ordinance are an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). This Resolution and proposed Ordinance includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

16. Effective Date. This Resolution shall take effect immediately following passage and adoption by the Carmel-by-the-Sea City Council.

17. Severability. The City declares that, should any provision, section; paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Resolution shall remain in full force and effect.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ___ day of ____ 2026, by the following roll call vote:

AYES:

NOES:

ATTACHMENT 1
4933-6242-4738 v6
ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_____________________________ _____________________________ Dale Byrne, Mayor Nova Romero, MMC, City Clerk

ATTACHMENT 1
4933-6242-4738 v6
Exhibit A
ORDINANCE NO. 2026-002

AN ORDINANCE OF THE VOTERS OF THE CITY OF CARMEL-BY-THE-SEA AMENDING CARMEL-BY-THE-SEA MUNICIPAL CODE CHAPTER 3.32 (TRANSIENT OCCUPANCY

TAX) TO ADOPT A NEW TWO PERCENT TRANSIENT OCCUPANCY TAX, IN ADDITION TO

EXISTING TEN PERCENT TRANSIENT OCCUPANCY TAX
WHEREAS, prior to the effective date of this ordinance, the City of Carmel-By-The-Sea (“City”) had established an existing transient occupancy tax in the amount of 10 percent of the rent charged by any operator of a hostelry (“Existing TOT”), as codified at Carmel-By-The-Sea Municipal Code (“City Code”) Chapter 3.32 (Transient Occupancy Tax); and WHEREAS, on February 3, 2026, the City Council directed staff to prepare a resolution calling for the placement of a proposed ordinance, as set forth herein, to amend City Code Chapter 3.32 by which a new transient occupancy tax in the amount of 2 percent of the rent charged by any operator of a hostelry (“New TOT”) would be placed on the ballot for consideration by the voters at the November 3, 2026 General Municipal Election; and WHEREAS. If this ordinance is approved by the voters at the November 3, 2026 General Municipal Election, the City will have an effective transient occupancy rate of 12 percent of the rent charged by any operator of a hostelry (based on the Existing TOT of 10 percent plus the New TOT of 2 percent); and
WHEREAS, at the November 3, 2026 General Municipal Election, the electorate of the City of Carmel-By-The-Sea did consider this ordinance and approved the actions set forth herein.

NOW THEREFORE, ON THE BASIS OF THE FOREGOING, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA, DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Title 3, Section 3.32.020, Tax Imposed, Subsection A shall be amended in its entirety as set forth below. As described in the recitals to this ordinance, this ordinance does not amend, extend, or increase the Existing TOT in the amount of 10 percent of the rent charged by any operator of a hostelry, and that Existing TOT shall remain in effect and be implemented in accordance with City Code Chapter 3.32. This ordinance hereby establishes a New TOT in the amount of 2 percent of the rent charged by any operator of a hostelry; and, since the procedures of City Code Chapter 3.32 apply to both the Existing Tax and the New Tax, those tax amounts shall be codified in the same section of the City Code, as follows:

3.32.020: Tax Imposed.

A. For the privilege of occupancy in any hostelry, each transient is subject to and shall pay a tax in the amount of 10 percent of the rent charged by the operator, plus a new tax in the amount of 2 percent of the rent charged by the operator, for a total tax in the amount of 12 percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City.

ATTACHMENT 1
4933-6242-4738 v6
SECTION 2. For Title 3, Section 3.32.130, Disposition of Proceeds, Subsections A and B are not amended by this ordinance. However, as an aid to the reader, the existing text of Subsections A and B are copied below and will remain in effect, as follows:

3.32.130: Disposition of Proceeds.

All moneys collected under and pursuant to the provisions of this chapter shall be deposited in the hostelry tax fund of this City and shall be distributed within the fund as follows:

A. The first six percent to the extent needed:

1. That amount necessary to fund the portion of the municipal budget covering community and cultural and recreation activities including but not limited to Sunset Center and the Forest Theater, parks, public facilities and municipal structures, and parking lots;

2. The remainder to be distributed to fund such acquisition and improvement of parks, recreation land and other municipal purposes as determined from time to time by the City Council; provided, that all such uses shall be in accordance with the General Plan of the City, as it is now or may be hereafter constituted; B. The remainder of the first six percent, the additional two percent added by Ordinance No. 78-13, and the additional two percent added by Ordinance No. 83-22 shall be added to the General Fund for usual and current expenses.

SECTION 3. Title 3, Section 3.32.130, Disposition of Proceeds, shall be amended to add a new Subsection C, as follows:

3.32.130: Disposition of Proceeds.

C. The additional two percent added by Ordinance No. 26-002 shall be added to the General Fund for usual and current expenses.

SECTION 4. Scope of Amendments. Unless specifically amended by this ordinance, all other provisions of the Carmel-By-The-Sea Municipal Code Chapter 3.32 remain unchanged.

SECTION 5. General Tax. The proceeds from the 2% tax established by this ordinance shall be for unrestricted general revenue purposes of the City and shall be placed into the General Fund of the City.

SECTION 6. Future Amendments. Pursuant to California Elections Code Section 9217, the City Council is authorized to amend Carmel-By-The-Sea Municipal Code Chapter 3.32 without a vote of the electorate; provided however, that no such amendment shall increase the tax imposed as set forth in Carmel-By-The-Sea Municipal Code Chapter 3.32.

SECTION 7. Severability. The City declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full

ATTACHMENT 1
4933-6242-4738 v6
force and effect.

SECTION 8. CEQA. The City finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") because the Ordinance is an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). The proposed Ordinance includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

SECTION 9. Effective Date. This Ordinance relates to the levying and collecting of City transient occupancy taxes and shall take effect immediately upon approval by the majority of the electorate.

SECTION 10. Termination Date. The authority to levy the tax imposed by this ordinance shall expire upon an action to terminate as authorized by majority vote of the qualified electors of the City of Carmel-By-The-Sea.

SECTION 11. Adoption. Following a declaration by the City Council that this ordinance was approved by a majority of the voters, as set forth in Elections Code Section 9217, the Mayor is hereby authorized to approve that this ordinance was adopted on November 3, 2026, by signing where indicated below.

PASSED AND ADOPTED BY THE VOTERS OF THE CITY OF CARMEL-BY-THE-SEA this day of ______________, _________

APPROVED:

_______________________________

DALE BRYNE, MAYOR
City of Carmel-by-the-Sea
ATTEST:
_______________________
Nova Romero, City Clerk

1 Attachment 2 - REDLINE VERSION

CITY OF CARMEL-BY-THE-SEA
ORDINANCE NO. 2026-003

AN ORDINANCE OF THE VOTERS OF THE CITY OF CARMEL-BY-THE-SEA AMENDING CARMEL-BY-THE-SEA MUNICIPAL CODE CHAPTER 3.32 (TRANSIENT

OCCUPANCY TAX) TO ADOPT A NEW TWO PERCENT TRANSIENT OCCUPANCY

TAX, IN ADDITION TO EXISTING TEN PERCENT TRANSIENT OCCUPANCY TAX WHEREAS, prior to the effective date of this ordinance, the City of Carmel-By-TheSea (“City”) had established an existing transient occupancy tax in the amount of 10 percent of the rent charged by any operator of a hostelry (“Existing TOT”), as codified at Carmel-By-The-Sea Municipal Code (“City Code”) Chapter 3.32 (Transient Occupancy Tax); and
WHEREAS, on February 3, 2026, the City Council directed staff to prepare a resolution calling for the placement of a proposed ordinance, as set forth herein, to amend City Code Chapter 3.32 by which a new transient occupancy tax in the amount of 2 percent of the rent charged by any operator of a hostelry (“New TOT”) would be placed on the ballot for consideration by the voters at the November 3, 2026 General Municipal Election; and
WHEREAS. If this ordinance is approved by the voters at the November 3, 2026 General Municipal Election, the City will have an effective transient occupancy rate of 12 percent of the rent charged by any operator of a hostelry (based on the Existing TOT of 10 percent plus the New TOT of 2 percent); and
WHEREAS, at the November 3, 2026 General Municipal Election, the electorate of the City of Carmel-By-The-Sea did consider this ordinance and approved the actions set forth herein.

NOW THEREFORE, ON THE BASIS OF THE FOREGOING, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA, DO HEREBY ORDAIN AS FOLLOWS::

SECTION 1. Title 3, Section 3.32.020, Tax Imposed, Subsection A shall be amended in its entirety as set forth below. As described in the recitals to this ordinance, this ordinance does not amend, extend, or increase the Existing TOT in the amount of 10 percent of the rent charged by any operator of a hostelry, and that Existing TOT shall remain in effect and be implemented in accordance with City Code Chapter 3.32. This ordinance hereby establishes a New TOT in the amount of 2 percent of the rent charged by any operator of a hostelry; and, since the procedures of City Code Chapter 3.32 apply to both the Existing Tax and the New Tax, those tax amounts shall be codified in the same section of the City Code, as follows:

ATTACHMENT 2

2 3.32.020: Tax Imposed.

A. For the privilege of occupancy in any hostelry, each transient is subject to and shall pay a tax in the amount of 10 percent of the rent charged by the operator, plus a new tax in the amount of 2 percent of the rent charged by the operator, for a total tax in the amount of 12 percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City.

SECTION 2. For Title 3, Section 3.32.130, Disposition of Proceeds, Subsections A and B are not amended by this ordinance. However, as an aid to the reader, the existing text of Subsections A and B are copied below and will remain in effect, as follows:

3.32.130: Disposition of Proceeds.

All moneys collected under and pursuant to the provisions of this chapter shall be deposited in the hostelry tax fund of this City and shall be distributed within the fund as follows:

A. The first six percent to the extent needed:

1. That amount necessary to fund the portion of the municipal budget covering community and cultural and recreation activities including but not limited to Sunset Center and the Forest Theater, parks, public facilities and municipal structures, and parking lots;

2. The remainder to be distributed to fund such acquisition and improvement of parks, recreation land and other municipal purposes as determined from time to time by the City Council; provided, that all such uses shall be in accordance with the General Plan of the City, as it is now or may be hereafter constituted;
B. The remainder of the first six percent, the additional two percent added by Ordinance No. 78-13, and the additional two percent added by Ordinance No. 83- 22 shall be added to the General Fund for usual and current expenses.

SECTION 3. Title 3, Section 3.32.130, Disposition of Proceeds, shall be amended to add a new Subsection C, as follows:

3.32.130: Disposition of Proceeds.

C. The additional two percent added by Ordinance No. 26-003 shall be added to the General Fund for usual and current expenses.

ATTACHMENT 2

3 SECTION 4. Scope of Amendments. Unless specifically amended by this ordinance, all other provisions of the Carmel-By-The-Sea Municipal Code Chapter

3.32 remain unchanged.

SECTION 5. General Tax. The proceeds from the 2% tax established by this ordinance shall be for unrestricted general revenue purposes of the City and shall be placed into the General Fund of the City.

SECTION 6. Future Amendments. Pursuant to California Elections Code Section 9217, the City Council is authorized to amend Carmel-By-The-Sea Municipal Code Chapter 3.32 without a vote of the electorate; provided however, that no such amendment shall increase the tax imposed as set forth in Carmel-By-The-Sea Municipal Code Chapter 3.32.

SECTION 7. Severability. The City declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

SECTION 8. CEQA. The City finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") because the Ordinance is an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). The proposed Ordinance includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

SECTION 9. Effective Date. This Ordinance relates to the levying and collecting of City transient occupancy taxes and shall take effect immediately upon approval by the majority of the electorate.

SECTION 10. Termination Date. The authority to levy the tax imposed by this ordinance shall expire upon an action to terminate as authorized by majority vote of the qualified electors of the City of Carmel-By-The-Sea.

SECTION 11. Adoption. Following a declaration by the City Council that this ordinance was approved by a majority of the voters, as set forth in Elections Code Section 9217, the Mayor is hereby authorized to approve that this ordinance was adopted on November 3, 2026, by signing where indicated below.

PASSED AND ADOPTED BY THE VOTERS OF THE CITY OF CARMEL-BY-THESEA this __ day of MONTH, YEAR.

APPROVED,
________________________

DALE BRYNE, MAYOR
ATTACHMENT 2

4 City of Carmel-by-the-Sea
ATTEST:
_______________________
Nova Romero, City Clerk
ATTACHMENT 2

1 ATTACHMENT 3

CITY OF CARMEL-BY-THE-SEA
ORDINANCE NO. 2026-002

AN ORDINANCE OF THE VOTERS OF THE CITY OF CARMEL-BY-THE-SEA AMENDING CARMEL-BY-THE-SEA MUNICIPAL CODE CHAPTER 3.32 (TRANSIENT

OCCUPANCY TAX) TO ADOPT A NEW TWO PERCENT TRANSIENT OCCUPANCY

TAX, IN ADDITION TO EXISTING TEN PERCENT TRANSIENT OCCUPANCY TAX WHEREAS, prior to the effective date of this ordinance, the City of Carmel-By-TheSea (“City”) had established an existing transient occupancy tax in the amount of 10 percent of the rent charged by any operator of a hostelry (“Existing TOT”), as codified at Carmel-By-The-Sea Municipal Code (“City Code”) Chapter 3.32 (Transient Occupancy Tax); and
WHEREAS, on February 3, 2026, the City Council directed staff to prepare a resolution calling for the placement of a proposed ordinance, as set forth herein, to amend City Code Chapter 3.32 by which a new transient occupancy tax in the amount of 2 percent of the rent charged by any operator of a hostelry (“New TOT”) would be placed on the ballot for consideration by the voters at the November 3, 2026 General Municipal Election; and
WHEREAS. If this ordinance is approved by the voters at the November 3, 2026 General Municipal Election, the City will have an effective transient occupancy rate of 12 percent of the rent charged by any operator of a hostelry (based on the Existing TOT of 10 percent plus the New TOT of 2 percent); and
WHEREAS, at the November 3, 2026 General Municipal Election, the electorate of the City of Carmel-By-The-Sea did consider this ordinance and approved the actions set forth herein.

NOW THEREFORE, ON THE BASIS OF THE FOREGOING, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA, DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Title 3, Section 3.32.020, Tax Imposed, Subsection A shall be amended in its entirety as set forth below. As described in the recitals to this ordinance, this ordinance does not amend, extend, or increase the Existing TOT in the amount of 10 percent of the rent charged by any operator of a hostelry, and that Existing TOT shall remain in effect and be implemented in accordance with City Code Chapter 3.32. This ordinance hereby establishes a New TOT in the amount of 2 percent of the rent charged by any operator of a hostelry; and, since the procedures of City Code Chapter 3.32 apply to both the Existing Tax and the New Tax, those tax amounts shall be codified in the same section of the City Code, as follows:

2 3.32.020: Tax Imposed.

A. For the privilege of occupancy in any hostelry, each transient is subject to and shall pay a tax in the amount of 10 percent of the rent charged by the operator, plus a new tax in the amount of 2 percent of the rent charged by the operator, for a total tax in the amount of 12 percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City.

SECTION 2. For Title 3, Section 3.32.130, Disposition of Proceeds, Subsections A and B are not amended by this ordinance. However, as an aid to the reader, the existing text of Subsections A and B are copied below and will remain in effect, as follows:

3.32.130: Disposition of Proceeds.

All moneys collected under and pursuant to the provisions of this chapter shall be deposited in the hostelry tax fund of this City and shall be distributed within the fund as follows:

A. The first six percent to the extent needed:

1. That amount necessary to fund the portion of the municipal budget covering community and cultural and recreation activities including but not limited to Sunset Center and the Forest Theater, parks, public facilities and municipal structures, and parking lots;

2. The remainder to be distributed to fund such acquisition and improvement of parks, recreation land and other municipal purposes as determined from time to time by the City Council; provided, that all such uses shall be in accordance with the General Plan of the City, as it is now or may be hereafter constituted;
B. The remainder of the first six percent, the additional two percent added by Ordinance No. 78-13, and the additional two percent added by Ordinance No. 83- 22 shall be added to the General Fund for usual and current expenses.

SECTION 3. Title 3, Section 3.32.130, Disposition of Proceeds, shall be amended to add a new Subsection C, as follows:

3.32.130: Disposition of Proceeds.

C. The additional two percent added by Ordinance No. 26-002 shall be added to the General Fund for usual and current expenses.

3 SECTION 4. Scope of Amendments. Unless specifically amended by this ordinance, all other provisions of the Carmel-By-The-Sea Municipal Code Chapter

3.32 remain unchanged.

SECTION 5. General Tax. The proceeds from the 2% tax established by this ordinance shall be for unrestricted general revenue purposes of the City and shall be placed into the General Fund of the City.

SECTION 6. Future Amendments. Pursuant to California Elections Code Section 9217, the City Council is authorized to amend Carmel-By-The-Sea Municipal Code Chapter 3.32 without a vote of the electorate; provided however, that no such amendment shall increase the tax imposed as set forth in Carmel-By-The-Sea Municipal Code Chapter 3.32.

SECTION 7. Severability. The City declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

SECTION 8. CEQA. The City finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") because the Ordinance is an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). The proposed Ordinance includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

SECTION 9. Effective Date. This Ordinance relates to the levying and collecting of City transient occupancy taxes and shall take effect immediately upon approval by the majority of the electorate.

SECTION 10. Termination Date. The authority to levy the tax imposed by this ordinance shall expire upon an action to terminate as authorized by majority vote of the qualified electors of the City of Carmel-By-The-Sea.

SECTION 11. Adoption. Following a declaration by the City Council that this ordinance was approved by a majority of the voters, as set forth in Elections Code Section 9217, the Mayor is hereby authorized to approve that this ordinance was adopted on November 3, 2026, by signing where indicated below.

PASSED AND ADOPTED BY THE VOTERS OF THE CITY OF CARMEL-BY-THESEA this day of ______________, _________ APPROVED:
________________________

DALE BRYNE, MAYOR
City of Carmel-by-the-Sea

4 ATTEST:
_______________________
Nova Romero, City Clerk

ACTION ITEM APPLIES TO
Signatures In-Lieu of Filing Fee Period
Cal. Const. art. VI, §16(d)(1); ELEC §8106(b)(3)
Supreme and Appellate Courts May 18, 2026 July 16, 2026 Amended Candidate Intention Statement
GOV §§ 85200, 85400, 85401, 85600, 85601
Candidates running for statewide office
or State Assembly
June 16, 2026
County Holiday -- Office Closed
Juneteenth
June 19, 2026
State Initiative and Legislative Measure Qualification
Deadline
ELEC §9033; Cal. Const. art. II, §8(c)
Last day for an initiative measure and
for the Legislature to adopt a constitional
amendment, bond measure or other
legislative measure to qualify for the
ballot.

June 25, 2026
Candidate Statement Period for State Voter
Information Guide
(Date Designated by SOS)
Candidates for Statewide Office June 25, 2026 July 15, 2026 School and Special District Vacancies
Last day for the governing bodies of local jurisdictions to call an election to fill a vacancy
GOV §1780; EDC §5091
School and Special Districts June 26, 2026
Consolidation of School Elections County
Superintendent of Schools shall notify the governing
boards of all school districts under their jurisdiction that a consolidated election is required to be held
EDU §5323, 5340
County Superintendent of Schools June 26, 2026
Cities to publish election notice, if any city is
consolidating an election
ELEC §12101, 12111
Cities June 29, 2026 July 13, 2026
Statement of Election Facts, Notice of Election, and
District maps due to the elections official
ELEC §10509, 10522, 10524
County Elections Department July 1, 2026
Adopted school resolutions due to Superintendent
EDU §5322
School Districts July 3, 2026
County Holiday -- Office Closed
Independence Day (Observed)
July 3, 2026
County Superintendent to deliver resolutions and
formal notice to call an election to the county
elections official
EDU §5324, 5325
County Superintendent of Schools July 6, 2026
Publication of Notice of Election
Includes the date of election, offices to be filled, where nomination papers are available, and deadline for filing forms
ELEC §§12109, 12112; GOV §6061; EDU §5363
County Elections Department July 6, 2026 August 5, 2026 Last day for the remaining council to call an election
to fill a vacancy. City Clerk shall immediately publish Notice of Election
ELEC §§12101, 12102; GOV §§36512
Cities June 29, 2026 July 13, 2026

MONTEREY COUNTY ELECTIONS DEPARTMENT
DATES
November 3, 2026, General Election Calendar
SOS General Election Key Dates: https://www.sos.ca.gov/elections/upcoming-elections/general-election-november-3-2026/key-dates-deadlines ATTACHMENT 4

Filing Period of Declaration of Candidacy/Nomination
Papers
*Candidate Statement of Qualifications due at the time of filing
ELEC §§13, 100, 104, 333, 8020, 8028, 8040, 8041, 8061, 8067, 10220, 10224-10227, 10407, 10510-10516, 10602,
10705, 13107, 13307-13308; CCP §2015.5, GOV §§87200-
87201
City, School, and Special Districts July 13, 2026 August 7, 2026 Candidate Statements in the County Voter
Information Guide
*Candidates for State Assembly must agree to accept the voluntary expenditure limits on their Candidate Intention Statement
ELEC §§ 13307.5, 13307.7; GOV § 85601(c)
Top-two candidates for voter-nominated
offices and local run-off candidates for
general election.

July 13, 2026 August 7, 2026
Filing Period of Declaration of Candidacy
Period in which a justice of the Supreme or Appellate
Court, who must stand for retention at the general election, may file a declaration of candidacy with the Secretary of State
Cal. Const. art. VI, ELEC §§ 8103, 8105, 8201
Supreme and Appellate Courts July 17, 2026 August 15, 2026 Semi-Annual Campaign Statement Deadline
(Period: * -- 06/30/22)
GOV §§84200(a), 84218
All Committees July 31, 2026
Last day to request a different ballot designation than the one used for the Primary Election
CA CCR., Title 2 §20711(e); ELEC §13107(h)
Top-two candidates for voternominated offices and local run-off candidates for general election.

July 28, 2026
497 24-hour Contribution Report Filed by state and local committees making or receiving contributions of
$1,000 or more 90 days before election.

August 5, 2026
Last day for run-off candidates to file and pay for
Candidate Statement of Qualifications
ELEC §§13307(a)(2), 13307.5, 13307.7; GOV §§ 85601(c)
Top-two candidates for voter-nominated
offices and local run-off candidates for
general election.

August 7, 2026
Last day to file a Local Measure
ELEC §10403
Local Jurisdictions August 7, 2026
Last day to file a Tax Rate Statement for Bond
Measures
ELEC §§9400, 9401
Local Jurisdictions August 7, 2026
Candidate Filing Period Closes
ELEC §§8020, 10224, 10510, 10603(b)
All Offices August 7, 2026
Elections official will designate letters for local
measures after 5:00 p.m.

ELEC §13116
County Elections Department August 7, 2026
Last day for run-off candidates to file and pay for
Candidate Statement of Qualifications
ELEC §13307(a)(2)
Top-two candidates for voter-nominated
offices and local run-off candidates for
general election.

August 7, 2026
Extended Candidate Filing Period
ELEC §§8022, 8024, 10516
Offices for which no eligible incumbent
files nomination papers by August 7
August 8, 2026 August 12, 2026
10-day public review period of local measure on the
ballot
ELEC §§9190, 9295, 9380, 9509, 13313
All Jurisdictions August 8, 2026 August 17, 2026
ATTACHMENT 4

Period to file Primary Arguments in favor of or against local ballot measures
ELEC §§9162-9164, 9281-9283, 9286, 9315-9316, 9501-
9502, 9600-9601
Local Jurisdictions
(not to exceed 300 words)
August 8, 2026 August 13, 2026
Public review period of Candidate Statement of
Qualifications
ELEC §§9190, 9295, 9380, 9509, 13313
All Candidates August 8, 2026 August 17, 2026
Last day to withdraw Candidate Statement of
Qualifications for offices that closed on the 88th day
ELEC §13307(a)(3)
August 10, 2026
"Write-In Candidacy" Filing Period Against Incumbent
Judge Runing Unopposed Ends
ELEC §§8203, 8600-8605
Judicial Candidates August 12, 2026
Extended Candidate Filing Period Closes
ELEC §§8022, 8024
Offices for which no eligible incumbent
files nomination papers by August 7
August 12, 2026
Last day to submit party endorsements for voternominated offices to be published in voter information guide
ELEC §13302(b)
Qualified Political parties August 12, 2026
Public review period of Candidate Statement of
Qualifications
ELEC §§9190, 9295, 9380, 9509, 13313
Candidate Statements of Qualifications
filed during the extended period
August 13, 2026 August 23, 2026
Last day to withdraw “Candidate Statement of
Qualifications”
ELEC §13307(a)(3)
Candidate Statements of Qualifications
filed during the extended period
August 13, 2026
Randomized alphabet drawing for ballot placement
(order of names on the ballot)
ELEC §§13111-13113
Secretary of State/County Elections
Department
August 13, 2026
Last day to file Primary Arguments in favor of or
against local ballot measures
ELEC §§9162-9164, 9281-9283, 9286, 9315-9316, 9501-
9502, 9600-9601
Local Jurisdictions
(not to exceed 300 words)
August 13, 2026
Last day to file Impartial Analysis regarding local
ballot measures
ELEC §9160, 9163, 9280, 9313, 9314, 9500
County Counsel and/or City Attorneys
(not to exceed 500 words)
August 13, 2026
10-day public review period for arguments
ELEC §§9190, 9295, 9380, 9509, 13313
All Jurisdictions August 14, 2026 August 24, 2026
Period to file Rebuttal Arguments in favor of or
against local ballot measures
ELEC §§9163-9164, 9167, 9281-9286, 9316-9317, 9502,
9504, 9600-9601
Local Jurisdictions
(not to exceed 250)
August 14, 2026 August 20, 2026
Last day to file Rebuttal Arguments in favor of or
against local ballot measures.

ELEC §§9163-9164, 9167, 9281-9286, 9316-9317, 9502,
9504, 9600-9601
Local Jurisdictions
(not to exceed 250)
August 20, 2026
10-day public review period for rebuttals
ELEC §§ 9190, 9295, 9380, 9509, 13313
All Jurisdictions August 21, 2026 August 31, 2026
Certified List of State Candidates
ELEC §§8148, 8149, 13111
Secretary of State August 27, 2026
County Holiday -- Office Closed
Labor Day
September 7, 2026
ATTACHMENT 4

"Write-In Candidacy" Filing Period
ELEC §§8600-8605, 8606
Any qualified person
(not applicable to voter-nominated
offices)
September 7, 2026 October 20, 2026
1st Pre-Election Statement
(Period: 07/01/26 - 09/19/26)
GOV §§84200.5, 84200.8, 84218
Each candidate listed on the ballot must
file either Form 460 or Form 470
September 24, 2026
Ballots mailed to each voter
ELEC §§3000.5, 3001
Any registered voter may obtain a ballot
by mail
October 5, 2026 October 27, 2026
Last day to Register to Vote
52 U.S.C §§20301, 20501; ELEC §§300, 321, 2102, 2170,
3102
Any eligible citizen October 19, 2026
Last day to file a “Write-In Candidacy”
ELEC §§8600-8606
Write-In Candidates October 20, 2026
Conditional Voter Registration
ELEC §§2170-2173; CCR 2 §20021(b)(1)
Any citizen or registrant eligible to
register to vote (at Elections Office,
Satellite Locations, and Polling Places
on Election Day)
October 20, 2026 November 3, 2026
2nd Pre-Election Statement
(Period: 09/20/26 - 10/17/26)
GOV §§84200.5, 84200.8, 84218
All committees must file this report October 22, 2026
Certified List of State Write-In Candidates Secretary of State October 23, 2026 Last day to receive a request for a ballot via mail.

After this date, any registered voter may pick one up
in-person until election day
ELEC §3001
Any registered voter may obtain a ballot
by mail
October 27, 2026

FINAL DAY TO VOTE
ELEC §§1000, 1001, 1100, 1200, 14212
Voters may voter in person at any polling
location, including the County Elections
Department and Satellite Offices, from
7:00am to 8:00pm
November 3, 2026
Last day for county elections office to receive ballots in the mail that are postmarked with the election date.

ELEC §§3017, 3020; Assembly Bill 37
County Elections Department November 10, 2026
County Holiday -- Office Closed
Veterans' Day
November 11, 2026
County Holiday -- Office Closed
Thanksgiving Day
November 26, 2026
County Holiday -- Office Closed
Day After Thanksgiving
November 27, 2026
Deadline to certify the election
ELEC §15372
County Elections Department December 3, 2026
ATTACHMENT 4

CARMEL-BY-THE-SEA
BALLOT MEASURE RELATED DEADLINES FOR THE NOVEMBER 3, 2026 ELECTION

ACTION ITEM APPLIES TO LAST DAY/TIME TO FILE WITH

CITY CLERK

LAST DAY FOR CITY

CLERK TO FILE WITH
COUNTY
Last day to adopt a Resolution
adopting ballot measure(s)
language for the Nov. 3rd
Election
Carmel City Council July 7, 2026 August 7, 2026
Send Ballot Measure notice to
the Pine Cone to be published
on July 17th
City Clerk July 14, 2026
Public Review Period of Carmel
Ballot Measure(s) Public/everyone July 17 - 27, 2026
Last day to file Primary
Arguments in favor of or against
Carmel ballot measure(s)
Public/everyone August 7, 2026 at 5:00 p.m. August 13, 2026 Last day for City Attorney to file
Impartial Analysis regarding
Carmel Ballot Measure(s)
City Attorney August 7, 2026 at 5:00 p.m. August 13, 2026 Public Review Period for Primary
Arguments and the City
Attorney's Impartial Analysis
Public/everyone August 8 - 17, 2026
Last day to file Rebuttal
Arguments in favor of or against
Carmel ballot measures
Public/everyone August 17, 2026 at 5:00 p.m. August 20, 2026 10-day public review period for
rebuttals (posted on City's
website)
Public/everyone August 18 - 27, 2026
ATTACHMENT 5

ATTACHMENT 6

Draft Primary Argument in Support of Transient Occupancy Tax Ballot Measure
Transient Occupancy Tax (TOT) is paid entirely by visitors staying in hotels and other overnight accommodations. It is not paid by Carmel residents.

At 10%, Carmel’s TOT has not been raised in 30 years, and is now well below neighboring cities and comparable
destination communities, as shown below:

Half Moon Bay – 15%
Sausalito – 14%
Marina – 14%
Healdsburg – 14%
St Helena – 13%
Calistoga – 13%
Sonoma – 13%
Pacific Grove – 12%
Monterey – 12%
Sand City – 12%
Santa Barbara – 12%
Laguna Beach – 12%
Carmel-by-the-Sea – 10%
Raising Carmel’s TOT by 2% to 12% will bring us more in line with comparable communities and generate approximately

ATTACHMENT 6
$1.9 million in sorely needed revenue for the City, while adding just $5 to a $250 hotel room.

Our economy depends on tourism. Visitors support local
businesses, and related taxes help fund our city
government. Visitors are welcome here, but tourism also creates unwelcome impacts for our residents. Congestion, pollution, noise and trash are daily realities. The busiest days produce gridlock and heightened tensions. Sometimes our private property is disrespected.

Our city’s infrastructure is heavily used. It is old and has been ignored. We have over $100 Million in deferred
maintenance. For the current City Council, addressing this problem is important and urgent. We’ve already
implemented a “Capital First” approach to annual budgeting where at least 15% of annual revenues must be devoted to rehabilitating aging infrastructure. We’ve seen results.

Street paving, sidewalk leveling, and wildfire management have been accelerated. New projects will address beach
access and erosion, storm drainage and improving city
buildings. The challenge is daunting, and to address it with all due urgency, we simply need more revenue. Raising this tax paid by non-residents will help.

Join us. Vote yes on measure X.

1 CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

1. Motion to adopt Resolution 2026-043 ordering the submission to the qualified electors of the City of Carmel-by-the-Sea at the General Municipal Election to be held on November 3, 2026, a Measure increasing the City’s current Transactions and Use Tax rate from 1.5% to 1.875%, extending the duration of such Transactions and Use Tax so that it remains in effect until ended by voters of the City of Carmelby-the-Sea, and approving the Ordinance to be submitted to the voters pursuant to Revenue and Taxation Code Section 7285.9; requesting the Monterey County elections department to conduct the Election and requesting consolidation of the General Municipal Election with the Statewide General Election to be held on November 3, 2026; directing the City Attorney to prepare an impartial analysis concerning such Measure; authorizing the drafting of primary arguments and rebuttals concerning such Measure (Attachment 1) or, in the alternative, provide direction.

2. Motion to approve proposed Primary Argument in support of ballot measure.

BACKGROUND / SUMMARY
I. Background
June 2, 2026
Public Hearing
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Resolution 2026-043 ordering the submission to the qualified electors of the City of Carmel-by-the-Sea at the General Municipal Election to be held on November 3, 2026, a Measure increasing the City’s current Transactions and Use Tax rate from 1.5% to

1.875%, extending the duration of such Transactions and Use Tax so that it remains in effect until ended by voters of the City of Carmel-by-the-Sea, and approving the Ordinance to be submitted to the voters pursuant to Revenue and Taxation Code Section 7285.9; requesting the Monterey County elections department to conduct the Election and requesting consolidation of the General Municipal Election with the Statewide General Election to be held on November 3, 2026; directing the City Attorney to prepare an impartial analysis concerning such Measure; authorizing the drafting of primary arguments and rebuttals concerning such Measure; or, in the alternative, provide direction and Motion to approve proposed Primary Argument in support of ballot measure

RECOMMENDATION

2 Pursuant to direction from the City Council on April 7, 2026, a Resolution was prepared for discussion at the Council meeting on May 4, 2026 on whether to submit to the County of a ballot measure to be voted upon at the November 3, 2026 general municipal election, a summary of the proposed increase of the transactions and use tax1 (“TUT”) rate by 0.375%, the form of the proposed ballot question, and a discussion on potential City information activities. The current transactions and use tax rate in the City is 1.5% and is set to expire in 2040.

At its meeting on May 4, 2026, the City Council gave direction to return to the City Council on June 2, 2026 with the Draft Resolution for adoption or direction. Attachment 1 is a draft Resolution. This draft Resolution includes a revised Ballot Question based on the input from the City Council requesting that the Ballot Question be aligned with the Ballot Question for the Sales Tax Ballot Measure which is the subject of a separate Staff Report. The Ballot Question appears later in this Staff Report.

Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, and Section 7285.9 of the California Revenue and Taxation Code, authorizes the City to levy a transactions and use tax ordinance as a general tax, which is operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. Accordingly, the draft Ordinance which will be attached to the Resolution has been drafted as directed by the City Council on April 7, 2026.

Pursuant to the Revenue and Taxation Code’s requirements, the California Department of Fee and Tax Administration (“CDFTA”) is the State agency that collects the transactions and use taxes on behalf of the City and remits the same to the City. Attachment 2 is the redline version of draft Ordinance. Attachment 3 is the clean version of the draft Ordinance and this is the version that is attached to the Resolution.

Pursuant to the Motion approved by the City Council on May 4, 2026, the draft Ordinance was submitted to the CDFTA for review. The CDFTA responded that it had no issues with the draft Ordinance except for a question about the effective date of the Ordinance. In response, the following language was submitted to the CDFTA for review and the response from CDFTA was that this language was sufficient:

Pursuant to Elections Code Section 9217, this Ordinance shall be considered adopted on the date that the City Council declares that the voters of the City of Carmel-by-the-Sea have approved the Ordinance by a vote of no less than a majority of the votes cast by the electors voting at the General Municipal Election held on Tuesday, November 3, 2026, and shall go into effect ten (10) days thereafter.

Following a declaration by the City Council that this Ordinance was approved by a majority of the voters, as set forth in Elections Code Section 9217, the Mayor is hereby authorized to approve that this Ordinance was adopted on the date that the City Council declared that the voters of the City of Carmel-by-the-Sea approved the Ordinance, by signing where indicated below.

The CDFTA also noted that the City Council would have to certify the results of the election by resolution before December 12, 2026 in order for CDFTA to implement the change in the sales tax rate on April 1, 2027.

If the certification date falls on or after December 12, 2026, the next implementation date will be July 1, 2027.

According to the Monterey County Elections Department November 3, 2026 General Election Calendar (Attachment 4), the deadline for the County Elections Department to certify the election is December 3, 2026 so there should be sufficient time for the City Council to declare the results of the election prior to December 12, 2026. If, for some reason, the election results are not available by the Council meetings set for December 7 and 8, 2026, then the Council may consider setting a special meeting to declare the election results on December 9, 10 or 11 (December 12, 2026 is a Saturday) which can be set upon 24 hours notice.

There was a question by the Council at the meeting on May 4, 2026 as to how countywide vote on a County sales tax measure would impact the individual cities. The answer is that the vote on the County sales tax ballot measure would be based on a countywide vote; and, therefore, the County measure is either approved or rejected on a countywide basis. The voters in one portion of the county (e.g., any city) could not prohibit the County tax with their vote in their city. Thus, even though the majority vote in a city is in opposition to the 1 Also commonly referred to as a “sales tax”.

3 County sales tax measure, the County sales tax (if approved by a majority of the voters in the County) would still apply to that city.

Another question from the Council at the meeting on May 4 2026 was how the “cap” on the sales tax works.

The answer is that sales tax cap space works on as “first-come-first-served.” Thus, if another taxing agency in Carmel’s City limits (such as the County of Monterey) adopts a sales tax before Carmel, then that other tax would take precedence over any future sales by Carmel.

II. Discussion
In order to submit the TUT measure to the City’s qualified voters, the City Council must carry out certain acts, including the adoption of the attached Resolution to send the TUT measure to the voters. This Staff Report provides background information that is relevant to the City Council’s discussion and direction on the attached draft resolution and ordinance.

A. Draft Ordinance
As stated above, the draft TUT Ordinance would increase the existing TUT rate from 1.5% to 1.875% and, further, would extend the duration of the tax so that it remains in effect until ended by voters. However, City Council may instead provide a termination date for the tax. For example, the ordinance can be revised to state that the TUT will terminate in 20 years.

The draft TUT Ordinance is attached to this report as Attachment 2. If there are any further revisions, it is recommended that the revised ordinance be submitted to the CDFTA again for their approval. As previously stated, this is not a required step, but the purpose of the review will be to give the CDFTA an opportunity to identify any concerns or issues they may have with the City’s draft TUT Ordinance, which would in turn allow those issues to be addressed. Any revisions required by the CDFTA would then be incorporated into the draft TUT Ordinance.

B. Votes Required to submit the TUT measure
Under Proposition 2182
, the City may only impose a general tax if: (a) two-thirds of the members of the City Council (which would be four affirmative votes) approve placing a tax measure on the ballot for voter consideration, and (b) the ballot measure is approved by a majority vote of the electorate at a general municipal election (for the election of members of Council).3 Similarly, Revenue and Taxation Code Section 7285.9 requires that any ballot measure/ordinance increasing a transactions and use tax must be approved by a 2/3 vote of all members of the City Council and by a majority vote of the qualified voters of the City voting on the ballot measure. The next general municipal election is November 3, 2026.

C. Form of Ballot Question
The TUT measure’s ballot question must meet the following requirements: (1) no more than 75 words and in the format of a “yes” or “no” question; (2) include “the amount of money to be raised annually and the rate and duration of the tax to be levied”4
; and (3) “be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.”5 It must also be in the form of “Shall the measure … be adopted?”6 As such, the City Council should discuss and provide direction on the wording of the ballot question. 2 Cal. Constitution Articles XIIIC and XIII D.
3 Cal. Gov. Code Sections 53723 and 53724, subject to limited exceptions for the timing of elections for declared emergencies.
4 Cal. Elections Code Section 13119(b).
5 Cal. Elections Code Section 13119(c).
6 Cal. Elections Code Section 13119(a).

4 Two options for a ballot question for a transactions and use tax that is a general tax are as follows:7 Option 1:
“Shall the measure providing additional funding for City of Carmel-by-the-Sea general government purposes by increasing the transaction and use tax (also known as sales tax) rate by 0.375% so that the total tax rate is 1.875%, and the 0.375% providing approximately $1,800,000 annually and the 1.875% providing approximately $9,400,000 annually in total, and extending the duration of such total tax so that it remains in effect until ended by voters, be adopted?”
Option 2:
“To upgrade streets and sidewalks, address beach erosion, enhance wildfire preparedness, maintain City trees, and fund other general government purposes in Carmel-by-the-Sea, shall the measure increasing the transaction and use tax (also known as sales tax) by 0.375%, from

1.50% to 1.875%, providing approximately $1,800,000 annually in additional revenue and $9,400,000 annually in total revenue, and extending the total 1.875% tax until ended by voters, with independent audits and all funds benefitting Carmel-by-the-Sea, be adopted?” If the Council selects Option 2, then the proposed Ordinance would need to include language that provides words to the effect that the revenue from the sales tax will be subject to an independent audit as part of the City’s annual independent financial audit. The proposed Ordinance has been revised to read as follows in regard to an independent financial audit with the underlined text added:

SECTION 1. AMENDMENT TO SECTION 3.28.170: Section 3.28.170 (entitled “Imposition”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“A transactions and use tax is hereby imposed as a general tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City, and upon the sales price of tangible personal property stored, used or otherwise consumed in the City as further set forth below. The revenue from the Transaction and Use Tax shall be subject to the City's annual independent financial audit.”
The Council may decide which of the above two Options to select for the Ballot Question or may choose to approve some other language for a ballot question subject to the 75 word limit.

D. Election Procedures
The following section provides information to the City Council on the election procedures that will need to be followed when submitting the TUT measure to the City’s qualified voters.

1. Getting the Measure on the Ballot
The City Council previously called a General Municipal Election for November 3, 2026, for the purposes of electing the Mayor and two City Councilmembers and requested the Board of Supervisors for the County of Monterey to consolidate the same with the Statewide General Election to be held on the same date.

Accordingly, in order to submit a TUT measure to the voters at the November 3, 2026, general municipal election, the City Council must adopt a resolution that (1) submits the measure to the voters and includes the TUT ordinance increasing the TUT rate; (2) for the purposes of the measure, requests the consolidation of the November 3, 2026, general municipal election with the Statewide General Election to be held on the same date; and (3) authorizes the drafting of primary arguments by all or some councilmembers, directs the City Attorney to draft an impartial analysis of the measure, and authorizes rebuttal arguments. 7 The City is authorized to identify sample expenditures of anticipated TUT revenue without converting the general tax to a special tax, as long as a phrase similar to “and general government use” is included in the list.

5 In order to be adopted, this resolution must be approved by a 2/3 vote (i.e., 4/5) of the City Council and submitted to the County no later than 88 days prior to the election.8 Measures may be withdrawn no later than after the 83rd day prior to the election.9
a. Submitting the ballot measure to the voters
The City Council is generally permitted to submit measures to the voters by adopting a resolution to that effect.10 This resolution must also include a ballot question pursuant to Elections Code Section 13247, which must meet the requirements referenced and discussed above. The ordinance increasing the TUT rate must also be attached to the resolution. However, as stated above, general taxes must be submitted at a general municipal election unless an emergency is unanimously declared by the City Council. b. Requesting the consolidation of General Municipal Election with the Statewide General Election on November 3, 2026
For the purposes of the proposed measure, the City Council may request that the November 3, 2026, general municipal election be consolidated with the Statewide General Election held on the same date.11 Although the City will have to pay the County for the associated costs of consolidation, this is a standard practice that virtually all cities in California follow, because the costs for a city to run its own election are typically prohibitive. c. Authorizing the drafting of primary arguments, directing the City Attorney to draft an impartial analysis of the measure, and authorizing rebuttal arguments (1) Primary Arguments
Elections Code Section 9282(b) permits the City Council to authorize a member or members to author and submit primary arguments relating to a ballot measure placed on the ballot by the City Council; however, if the City Council authorizes a quorum of its membership to draft the primary argument, such drafting and approval thereof is subject to the Brown Act. In other words, a majority of members of Council must not discuss the arguments outside a public meeting. Such arguments may not exceed 300 words.

Primary arguments are typically due 14 days after the call of the election pursuant to Elections Code Section 9286(a); however, for consolidated elections, as is the case here, this deadline does not apply. Instead, the City Clerk may set the deadline based upon the election calendar provided by the County. For the November 3, 2026 Election, the Monterey County Elections Department Calendar (see Attachment 4) has designated August 13, 2026 as the deadline for primary arguments.

The City Clerk has prepared a City Clerk Ballot Measure Deadlines for November 3, 2026 Election (Attachment 5) which has deadlines in advance of the County deadlines to permit time for the City Clerk to review the Primary Arguments and file the Primary Arguments with the County.

The Primary arguments must be filed with the City Clerk by August 7, 2026 at 5 pm and the City Clerk then files the Primary Argument with the County by August 13, 2026 at 5 pm. After primary arguments are filed, the 10-day public examination period commences.12
If more than one primary argument for or against a measure is submitted, then the City Clerk chooses the argument to appear on the ballot based upon the priorities provided in Elections Code Section 9287 as follows:
1/ The legislative body, or member or members of the legislative body authorized by that body.
8 Cal. Elections Code Section 9222.
9 Cal. Elections Code Section 9605.
10 Cal. Elections Code Section 9222 and 10201.
11 Cal. Elections Code Section 10403.
12 Cal. Elections Code Section 9295.

6 2/ The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
3/ Bona fide associations of citizens.
4/ Individual voters who are eligible to vote on the measure.

Based upon the direction from the City Council at its meeting on May 4, 2026, Mayor Pro Tem Bob Delves and Councilmember Hans Buder have drafted a Primary Argument in support of the proposed ballot measure which is Attachment 6 to this Staff Report.
(2) City Attorney’s Impartial Analysis
When a measure qualifies for the ballot, the city attorney, on direction of the City Council, must prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure.13 The impartial analysis must include a statement indicating whether the measure was placed on the ballot by the voters or by the City Council and is limited to 500 words.14 For the November 3, 2026 Election, the Monterey County Elections Department Calendar has designated August 13, 2026 as the deadline for the City Attorney’s Impartial Analysis. Similar to the primary arguments, there is a 10-day public examination period after the deadline to impartial analysis.

The deadline for the City Attorney to file the impartial analysis with the City Clerk is August 7, 2026 at 5 pm and the City Clerk then files that Impartial Analysis with the County by August 13, 2026 at 5 pm. (3) Rebuttal Arguments
The City Council may also authorize rebuttal arguments.15 Rebuttal arguments cannot exceed 250 words and may only be written by the authors of the selected primary arguments, and must be filed no later than 10 days after the final filing date for primary arguments.16 For the November 3, 2026 Election, the Monterey County Elections Department Calendar has designated August 20, 2026 as the deadline for the rebuttal arguments.

Similar to the primary arguments and impartial analysis, there is a 10-day public examination period after the deadline to submit rebuttal arguments.

When an argument in favor and an argument against a measure have been selected to be printed in the voter information guide, the elections official shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure. The author or a majority of the authors of the Primary argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Elections Code Section 9285. he Rebuttal arguments must be filed with the City Clerk by August 17, 2026 at 5 pm to permit time for review by the City Clerk who then files the Rebuttal Arguments with the County by August 20, 2026 at 5 pm. .

III. Campaign and Election Activities
This section of the Staff Report provides general guidance on campaign and election activities related to ballot measures that elected officials and staff may permissibly perform.

California law proscribes certain campaign and election activities of municipal governments and their elected and appointed officials, officers, and employees (collectively “City Officials”). As a result, it is important to pay 13 Cal. Elections Code Section 9280.
14 Cal. Elections Code Section 9280.
15 Cal. Elections Code Section 9285.
16 Cal. Elections Code Section 9285(a).

7 close attention to election-related conduct because failure to do so can result in personal civil and criminal liability. This liability could arise from impermissible authorization of expenditures of public funds, improper use of public resources, or failure to act with due care.17 While this section of the Staff Report provides a number of practical guidelines for City Officials to follow during local elections, it is not intended to universally address the specific facts of each individual act or occurrence.

Thus, we recommend that questions concerning specific campaign and election conduct not specifically addressed herein be directed to the City Attorney’s office.

A. General Guidelines
Laws governing the personal activities of City Officials during elections are intended to strike a balance among the duties of public officials, permissible uses of public funds, and voter protections. City Officials have free speech rights that they are entitled to exercise in their individual capacities, the use of public funds is strictly limited in the context of election activities, and voters are entitled to a fair election process that is free of undue influence.18 In recognition of these interests, a general principle emerges: City Officials may not use taxpayerfunded resources to support, oppose, or promote a candidate for public office or ballot measure. However, City Officials may act in their individual capacities to engage in political activities in limited circumstances. What follows is a more detailed discussion, separated for ease of reference into sections covering both permissible and impermissible activities.

B. Permissible Activities
The following provides a convenient summary of the most commonly encountered permissible activities that City Officials may engage in related to ballot measures and campaign activities:

1. Council May Take a Position: The City Council may take a position on a ballot measure in an open and public meeting where all perspectives may be shared;19

2. City Staff May Prepare Impartial Reports: City staff may prepare impartial staff reports and other analyses of ballot measures to assist decision-makers in determining the impact of the measure and what position to take;20

3. Informational Material: City Officials acting within the scope of their duties may provide strictly informational material concerning a proposed ballot measure, but may not promote a particular position

4. City Communication Channels: City Officials may communicate about a measure through regular City communication channels (e.g., City website or newsletter), in a way that impartially emphasizes factual information, and does not use advocacy, persuasive, or argumentative language.21

5. Respond to Inquiries: City Officials may respond to inquiries about ballot measures in ways that provide a fair presentation of the facts about the measure and the City’s view of the merits of a ballot measure including, if applicable, the City Council’s position on the measure;22

6. City Facilities: In limited circumstances, certain public facilities (like libraries and community centers) may be used for private political or campaign purposes.23 Such public facilities may be used in this way if: the facilities are generally made available to the public for private functions; the organizers 17 Cal. Gov. Code §§ 8314, 83116, 89001, 91000, 91004; 2 Cal. Code Regs. §18901.1; Cal. Penal Code § 424; Vargas v.

City of Salinas (2009) 46 Cal.4th 1, 36; Stanson v. Mott (1976) 17 Cal.3d 206, 226-27. 18 Fort v. Civil Service Comm. (1964) 61 Cal.2d 331, 334 (right to participate in political activities as an individual); Stanson, supra, 17 Cal.3d at 217 (use of public funds in election campaign can lead to an “improper distortion of the democratic electoral process”).
19 Vargas, 46 Cal. 4th at 36-37.
20 Vargas, 46 Cal. 4th at 36-37.
21 Vargas, 46 Cal. 4th at 34, 40
22 Vargas, 46 Cal. 4th at 24-25, 33.
23 Gov. Code § 3207.

8 of the event comply with all standard requirements of the facilities; no public funds or resources are used to support the event; City Officials attend only in their individual and personal capacities; and the facilities are otherwise open and available for the expression of other points of view.

7. Presentation of City Position: City Councilmembers may accept invitations to present the agency’s views before organizations interested in the ballot measure’s effects including, if applicable, the City Council’s position on the measure.24

8. Off-Duty Political Activities: City Officials may engage in political activities while off-duty.25 City Officials are considered to be off-duty at times when they are away from City Hall or when they are not otherwise conducting business of the City. When speaking or appearing at functions in their official capacities, City Officials are considered to be on-duty. While off-duty, City Officials may engage in political activities such as attending a political rally, participating in a campaign committee, making calls at a phone bank, performing campaign-related work, posting campaign signs, registering voters, or advocating that persons contribute or vote for or against a candidate or ballot measure.

9. Contact with City Vendors and Solicitation of Campaign Contributions: City Officials may while off-duty request a list of City vendors and may contact those vendors and solicit campaign contributions for individual candidates and ballot measures.26

10. Endorsements: City Officials may make endorsements in an individual capacity. For example, a Councilmember may endorse a particular position on a ballot measure and may reference their official position; however, the endorsement cannot suggest that they are representing the City or the City Council.27
C. Impermissible Activities

1. No City Funds: City Officials may not use City funds or resources to advocate for or against, a local ballot measure or candidate.28

2. No Use of City Communications: City communications regarding a ballot measure may not encourage the public to adopt the agency’s views, vote one way or another, or take any other actions in support of or in opposition to the measure.29

3. On Duty: City Officials may not engage in political activities, such as attending campaign meetings, rallies or other campaign-related functions, distributing political materials, posting political signs, making campaign calls, or performing any other campaign-related tasks while on duty.30
Note: The “on duty” restrictions developed through the evaluation of traditional City employees where it is relatively easy to determine whether City employees are acting on City time and using City resources. This evaluation is more subtle with City Councilmembers who do not have an hourly schedule. It is therefore best to evaluate Councilmembers’ activities in the framework of whether they are acting in their individual capacity vs. their capacity as a Councilmember performing Council-related duties, and whether the Councilmember is using City resources when engaging in political activities.
24 Vargas, 46 Cal. 4th at 25, 36, citing Stanson, 17 Cal. 3d at 221. 25 Fort, 61 Cal.2d at 334; see also Gov. Code § 3201 & § 3203. 26 Government Code § 82030; Breakzone Billiards v. City of Torrance, (2000) 81 Cal.App.4th 1205. 27 CA FPPC Adv. Letter I-00-216.
28 Stanson, 17 Cal. 3d at 217; Schroeder v. Irvine City Council (2004) 97 Cal.App.4th 174; Gov. Code § 8314; California Legislative Counsel Opinion No. 154 (09-18-80).
29 Vargas, 46 Cal. 4th at 40.
30 Government Code § 3207.

9 4. No City Resources: City Officials may not use City funds or resources including City office space and equipment, City phones, or City email, to advocate a position or otherwise use City funds or resources to support personal political activities.31

5. Not While in Uniform: City Officials who wear a City-provided or required uniform as required by their employment may not participate in any political activity while in uniform, even during off-duty time.32

6. No City Funds To Advocate: City Officials may not use public funds for communications that expressly advocate a particular result in an election, or disseminate advocacy materials prepared by others.

7. No City Funds for Campaign Materials: City Officials may not purchase campaign materials such as buttons, stickers, posters, advertising floats, television and radio spots, and billboards.

8. No City Funds for Campaign Brochures: Producing and mailing promotional campaign brochures is also prohibited, even when those documents contain some useful factual information for the public.33

9. No Solicitation of Contributions from City Officers or Employees: City Officials may not knowingly, directly or indirectly, solicit a contribution or donation for a political campaign from any City officer or employee, even when the City Official is off-duty.34 Prohibited solicitation activities include obtaining address lists, direct solicitation, and mass mailings.

10. No Use of Authority or Influence: City Officials may not use the authority or influence of his or her official position to persuade or induce any officer or employee to take or refrain from taking any type of political action, including persuading or inducing any individual to vote, contribute, or campaign for or against a measure.35

11. No Promises of Compensation: City Officials, whether on or off-duty, may not promise to provide any person with a gift, money, promotion, job, or other form of compensation in return for a contribution or vote.36

12. No On-Duty Advocacy: For candidate campaigns, City Officials acting within the scope of their duties may not advocate for or against a candidate for office. 37 D. Conclusion And Additional References
Laws governing campaign and elections activities are complex. However, the general principles are that City Officials may not use taxpayer-funded resources to support, oppose, or promote a candidate for public office or ballot measure, but City Officials may, in limited circumstances, act in their individual capacities to engage in political activities.
31 Government Code § 54964; Stanson, 17 Cal.3d at p. 209-210. 32 Government Code § 3206.
33 Vargas, 46 Cal. 4th at 24, 25, 39 n. 20.
34 Government Code § 3205(a).
35 Government Code § 3204.
36 Government Code §§ 3204 & 3205.5; Elections Code § 18520. 37 Stanson, 17 Cal. 3d at 206 & 220; Governor Gray Davis Committee v. American Taxpayer’s Alliance (2002) 102 Cal.App.4th 449.

10 In addition to the information provided above regarding campaign and election activities relating to ballot measures, included here are two helpful references published by the Institute for Local Government which provide additional information on the above rules:

Institute for Local Government Publication: Ballot Measures and Public Agencies:
https://www.ca-ilg.org/sites/main/files/file-attachments/ballot_measures_and_public_agencies.pdf Institute for Local Government Publication: Ballot Measure Activities & Public Resources:
https://www.ca-ilg.org/sites/main/files/file-attachments/ballot_measure_activities_2018.pdf If the ballot measure is approved by the voters at the election on November 3, 2026, the estimated annual revenue from the additional 0.375% tax would be approximately $1,800,000. The total annual revenue at the

1.875% rate would be approximately $9,400,000..

The City would have to pay the County of Monterey for the costs associated with including the ballot measure on the November 3, 2026, ballot and that cost is estimated between approximately $5,000 to $10,000.

Discussion and direction at the City Council Meeting on May 4, 2026 as described above.

ATTACHMENTS

1. Resolution 2026-043

2. Redline Draft Ordinance increasing the TUT by 0.375% and extending the duration of the TUT so that it remains in effect until ended by voters of the City of Carmel-by-the-Sea.

3. Clean Draft Ordinance increasing the TUT by 0.375% and extending the duration of the TUT so that it remains in effect until ended by voters of the City of Carmel-by-the-Sea including added text for independent audit of revenue.

4. Monterey County Elections Department Calendar for November 3, 2026 Election

5. City Clerk Ballot Measure Deadlines for November 3, 2026 Election

6. Draft Primary Argument in support of Ballot Measure

FISCAL IMPACT

PRIOR CITY COUNCIL ACTION

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CITY OF CARMEL-BY THE SEA

CITY COUNCIL
RESOLUTION NO. 2026-043

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF CARMELBY-THE-SEA AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, A MEASURE INCREASING THE CITY’S CURRENT TRANSACTIONS AND USE TAX RATE FROM 1.5% TO 1.875%, EXTENDING THE DURATION OF SUCH TRANSACTIONS

AND USE TAX SO THAT IT REMAINS IN EFFECT UNTIL ENDED BY VOTERS OF THE CITY

OF CARMEL-BY-THE-SEA, AND APPROVING THE ORDINANCE TO BE SUBMITTED TO THE VOTERS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7285.9;

REQUESTING THE MONTEREY COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE

ELECTION AND REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS CONCERNING SUCH MEASURE; AUTHORIZING THE DRAFTING OF PRIMARY

ARGUMENTS AND REBUTTALS CONCERNING SUCH MEASURE
WHEREAS, pursuant to Resolution No.2026-040.the City Council has called a general municipal election on Tuesday, November 3, 2026, for the purpose of electing council members as provided therein (“General Municipal Election”) and requested that the Monterey County Board of Supervisors consent to the consolidation of the General Municipal Election with the Statewide General Election to be held on the same date; and
WHEREAS, pursuant to Article XIIIC of the California Constitution, Section 53720 et seq. of the California Government Code, the City has the authority to levy a general tax, including, but not limited to, increasing an existing tax; and
WHEREAS, Article XIIIC, Section 2, of the California Constitution requires that the election at which a general tax increase is submitted to the electorate shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body; and WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, and Section 7285.9 of the California Revenue and Taxation Code, authorizes a city to adopt a transactions and use tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, Revenue and Taxation Code Section 7285.9 requires that any ballot measure/ordinance establishing a transactions and use tax must be approved by a 2/3 vote of all members of the City Council and by a majority vote of the qualified voters of the City voting on the ballot measure; and
WHEREAS, pursuant to Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code, the City currently has a general transactions and use tax at the rate of 1.5% which is set to expire in 2040 (“Transactions and Use Tax”); and WHEREAS, the measure proposed by this Resolution would increase the Transactions

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and Use Tax rate from 1.5% to 1.875% and extend the duration of the Transactions and Use Tax so that it remains in effect until ended by voters of the City of Carmel-by-the-Sea and the City Council desires to submit such measure to the voters of the City at the November 3, 2026, General Municipal Election which was called pursuant to Resolution No. 2026-040; and WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and
WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and
WHEREAS, it is desirable that the General Municipal Election to be held on November 3, 2026, be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County of Monterey Election Department canvass the returns of such General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, The City Council exercises its independent judgment and finds that this adoption of this Resolution and the proposed Measure (as defined below) are not subject to environmental review under the California Environmental Quality Act ("CEQA") because this Resolution and proposed Measure are an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). This Resolution and proposed Measure includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

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

1. Recitals. The recitals set forth above are incorporated herein by this reference.

2. Submission of Measure. Pursuant to the laws of the State of California, including, but not limited to, Elections Code Sections 9222 and 10201, the City Council, pursuant to its right and authority, does hereby order the submission to the voters of the City at the General Municipal Election to be held on November 3, 2026, which was called pursuant to Resolution No.2026-040, a ballot measure that, if approved, increases the City’s current transactions and use tax rate from

1.5% to 1.875% and extends the duration of such transactions and use tax so that it remains in

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effect until ended by voters of the City of Carmel-by-the-Sea with the 0.375% providing approximately $1,887,417 annually and the 1.875% providing approximately $9,437,087 annually in total (“Measure”). As required by Elections Code Section 13247, the abbreviated form of the Measure to appear on the ballot is specified below in Section 3.

3. Question. Accordingly, the City Council hereby orders the following question to be submitted to the voters at the General Municipal Election:

YES
Option 1
“Shall the measure providing additional funding for City of Carmel-by-the-Sea general government purposes by
increasing the transaction and use tax (also known as sales tax) rate by 0.375% so that the total tax rate is 1.875%, and the 0.375% providing approximately $1,800,000 annually and the 1.875% providing approximately $9,400,000 annually in total, and extending the duration of such total tax so that it remains in effect until ended by voters, be adopted?”
Option 2
“To upgrade streets and sidewalks, address beach erosion, enhance wildfire preparedness, maintain City trees, and fund other general government purposes in Carmel-by-the-Sea, shall the measure increasing the transaction and use tax (also known as sales tax) by 0.375%, from 1.50% to 1.875%, providing approximately $1,800,000 annually in additional revenue and $9,400,000 annually in total revenue, and
extending the total 1.875% tax until ended by voters, with independent audits and all funds benefitting Carmel-by-theSea, be adopted?” NO

4. Proposed Measure. The proposed complete text of the Measure with the proposed Ordinance No. 2026-003 to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated herein by this reference. Further, pursuant to Revenue and Taxation Code Section 7285.9, the City Council hereby approves the proposed complete text of the Measure with the proposed Ordinance No.2026-003 in the form as provided in Exhibit A and the submission thereof to the voters of the City.

5. Voter Approval Requirement. The vote requirement for this Measure to pass shall be a majority of those casting ballots on the Measure (50% plus 1).

6. Publication of Measure. The City Clerk is directed to publish a synopsis of the Measure in a newspaper of general circulation in the City of Carmel-by-the-Sea as required by applicable law.

7. Coordination. The City Clerk is authorized, instructed, and directed to coordinate with the Monterey County Elections Department to procure and furnish and all official ballots,

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notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

8. Request for Consolidation.
a. Pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of the County of Monterey is hereby requested to consent and agree to the consolidation of the General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of submitting to the voters the abovementioned Measure. b. The Monterey County Elections Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide elections, including, but not limited to, Elections Code Section 10418.
c. The Board of Supervisors of the County of Monterey is requested to issue instructions to the Monterey County Elections Department to take any and all steps necessary for conducting and holding the consolidated election.
d. The City of Carmel-by-the-Sea recognizes that additional costs will be incurred by the County of Monterey by reason of this consolidation and agrees to reimburse the County of Monterey for any costs.

9. Filing with County. The City Clerk shall file a certified copy of this Resolution with the Monterey County Board of Supervisors and Monterey County Elections Department.

10. Arguments and Impartial Analysis.

The City Clerk is authorized to set dates for the submission of Primary Arguments, City Attorney Impartial Analysis and Rebuttal Arguments in advance of the dates set by the County in order for the City Clerk time for review and submit these filings to the County of Monterey. a. Primary Arguments.
i. Pursuant to Elections Code Section 9282, the City Council authorizes the Mayor and City Councilmembers to author and submit the primary argument in favor of the Measure not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code, and authorizes the Mayor and City Councilmembers i, to submit a rebuttal argument to the argument against the Measure pursuant to Section 10(c) f time permits or, in the alternative, the rebuttal argument shall be submitted by the Mayor and Mayor Pro Tem ii. A primary argument in favor or against the Measure shall not exceed 300 words in length and shall be accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or, if on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code. Primary arguments shall be accompanied by the Form of Statement to Be Filed By Author(s) of Argument.

Submittals of primary arguments are to be delivered to the City Clerk no later than 5:00 p.m. on August 7, 2026, and may be changed or withdrawn up and until such date and time.

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iii. In the event that more than one argument in favor or against the foregoing Measure is timely submitted, then consistent with Elections Code Section 9287, the City Clerk shall select the argument to be included with the ballot materials, giving preference and priority first, to arguments submitted by member(s) of the City Council, and second, to individual voters, or bona fide associations of citizens, or a combination thereof, in the order set forth in Elections Code Section 9287.
b. City Attorney Impartial Analysis. The City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. Pursuant to Elections Code Section 9280, the City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on existing law and the operation of the Measure. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: “The above statement is an impartial analysis of Ordinance or Measure _________. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.” The City Attorney impartial analysis shall be delivered to the City Clerk by 5:00 p.m. on August 7, 2026. c. Rebuttal Arguments.
i. Pursuant to Section 9285 of the Elections Code of the State of California, rebuttal arguments shall be permitted for the Measure. ii. When the City Clerk has selected the primary arguments for and against the Measure (not exceeding 300 words each), which will be printed and distributed to the voters, the City Clerk shall send a copy of an argument in favor of the Measure to the authors of any argument against the Measure and a copy of an argument against the Measure to the authors of any argument in favor of the Measure immediately upon receiving the arguments. iii. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors. iv. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, by 5:00 p.m. on August 17, 2026. The rebuttal arguments shall be accompanied by the Form of Statement to Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. v. The provisions of Section 10(c) shall apply only to the election to be held on November 3, 2026, and shall then be repealed.
d. Printing. The City Clerk shall cause the City Attorney’s impartial analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding the same.

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11. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

12. Conduct of Election as Provided by Law. In all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted as provided by law for holding municipal elections.

13. Implementation. The City Clerk and City Administrator are authorized to take all actions as necessary to effectuate the purposes of this Resolution and the election. The City Administrator is authorized to execute all documents and to perform all other necessary City acts to enter into a service agreement for the provision of election services with Monterey County Elections Department. The City Administrator is authorized to make any typographical, clerical, and non-substantive corrections and such other revisions as may be required by the California Department of Fee and Tax Administration to this Resolution and its exhibits/attachments.

14. Printing of Measure. The City Council of the City of Carmel-by-the-Sea hereby requests that the Monterey County Elections Department print the attached full Measure text as provided in Exhibit A exactly as filed or indicated on the filed document in the voter information guide for the November 3, 2026 Statewide General Election.

15. Environmental Compliance. The City finds that the adoption of this Resolution and the proposed Measure are not subject to environmental review under the California Environmental Quality Act ("CEQA") because this Resolution and proposed Measure are an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). This Resolution and proposed Measure includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

16. Effective Date. This Resolution shall take effect immediately following passage and adoption by the Carmel-by-the-Sea City Council.

17. Severability. The City declares that, should any provision, section; paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Resolution shall remain in full force and effect.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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APPROVED: ATTEST:
_____________________________ _____________________________ Dale Byrne, Mayor Nova Romero, MMC, City Clerk

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EXHIBIT A
ORDINANCE NO. 2026-003

AN ORDINANCE OF THE CITY OF CARMEL-BY-THE SEA, CALIFORNIA, INCREASING THE CITY’S CURRENT TRANSACTIONS AND USE TAX RATE FROM 1.5% TO 1.875% AND

EXTENDING THE DURATION OF SUCH TRANSACTIONS AND USE TAX SO THAT IT

REMAINS IN EFFECT UNTIL ENDED BY VOTERS
WHEREAS, pursuant to Article XIIIC of the California Constitution, Section 53720 et seq. of the California Government Code, the City has the authority to levy a general tax; and WHEREAS, Article XIIIC, Section 2, of the California Constitution requires that the election at which a general tax increase is submitted to the electorate shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body; and WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, and Section 7285.9 of the California Revenue and Taxation Code, authorizes a city to adopt a transactions and use tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, pursuant to Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code, the City currently has a general transactions and use tax at the rate of 1.5% which is set to expire in 2040 (“Transactions and Use Tax”); and WHEREAS, this Ordinance would increase the Transactions and Use Tax rate from 1.5% to

1.875% and extend the duration of the Transactions and Use Tax so that it remains in effect until ended by voters; and
WHEREAS, by Resolution No. 2026-043,, the City Council of the City of Carmel-by-the-Sea submitted this Ordinance to the voters at the General Municipal Election to be held in the City of Carmel-by-the-Sea on November 3, 2026 (“General Municipal Election”); and WHEREAS, by Resolution No. 2026-043, the City Council has approved this Ordinance pursuant to Section 7285.9 of the California Revenue and Taxation Code; and WHEREAS, the General Municipal Election was also a regularly scheduled general election for members of the Carmel-by-the-Sea City Council.

NOW THEREFORE, ON THE BASIS OF THE FOREGOING, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA, DO HEREBY ORDAIN AS FOLLOWS:

18. AMENDMENT TO SECTION 3.28.170: Section 3.28.170 (entitled “Imposition”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“A transactions and use tax is hereby imposed as a general tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail

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in the City, and upon the sales price of tangible personal property stored, used or otherwise consumed in the City as further set forth below. The revenue from the Transaction and Use Tax shall be subject to the City's annual independent financial audit.”

19. AMENDMENT TO SECTION 3.28.210: Section 3.28.210 (entitled “Transactions Tax Rate”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated area of the City at the rate of 1.875% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of the ordinance codified in this article and remaining in effect until repealed by the voters of the City of Carmelby-the-Sea.”

20. AMENDMENT TO SECTION 3.28.230: Section 3.28.230 (entitled “Use Tax Rate”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this article for storage, use or other consumption in the City at the rate of 1.875% of the sales price of the property and remaining in effect until repealed by the voters of the City of Carmel-by-theSea . The sales price shall include delivery charges when such charges are subject to sales or use tax regardless of the place to which delivery is made.”

21. AMENDMENT TO SECTION 3.28.310: Section 3.28.310 (entitled “Termination Date”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“The authority to levy the taxes imposed by this article shall remain in effect until repealed by the voters of the City of Carmel-by-the-Sea .”

22. COUNCIL AUTHORITY TO AMEND: The City Council has the right and authority to amend this Ordinance, to further its purposes and intent (including but not limited to amendment for more efficient administration as determined by the City Council), in any manner that does not increase a tax rate, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution, pursuant to Section 9217 of the California Elections Code.

23. SEVERABILITY: Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance.

24. DATE OF ADOPTION; EFFECTIVE DATE: Pursuant to Elections Code Section 9217, this Ordinance shall be considered adopted on the date that the City Council declares that the voters of the City of Carmel-by-the-Sea have approved the Ordinance by a vote of no less than a majority of the votes cast by the electors voting at the General Municipal Election held on Tuesday, November 3, 2026, and shall go into effect ten (10) days thereafter. Following a declaration by the City Council that this Ordinance was approved by a majority of the voters,

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as set forth in Elections Code Section 9217, the Mayor is hereby authorized to approve that this Ordinance was adopted on the date that the City Council declared that the voters of the City of Carmel-by-the-Sea approved the Ordinance, by signing where indicated below.

25. APPROVAL OF ORDINANCE: The City Council hereby approves this Ordinance pursuant to Section 7285.9 of the California Revenue and Taxation Code and authorizes the Mayor to sign as to the City Council’s approval thereof.

26. PUBLICATION: The Clerk shall cause this ordinance to be published in the manner required by law.

27. ENVIRONMENTAL REVIEW: The City finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") because the Ordinance is an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). The proposed Ordinance includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF CARMELBY-THE-SEA at the General Municipal Election held on November 3, 2026.

APPROVED,
________________________________
Mayor
ATTEST:
________________________________
Nova Romero, MMC
City Clerk

4901-7809-6034 v2
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY OF CARMEL-BY-THE SEA, CALIFORNIA, INCREASING THE CITY’S CURRENT TRANSACTIONS AND USE TAX RATE FROM 1.5% TO 1.875%

AND EXTENDING THE DURATION OF SUCH TRANSACTIONS AND USE TAX SO THAT IT

REMAINS IN EFFECT UNTIL ENDED BY VOTERS
WHEREAS, pursuant to Article XIIIC of the California Constitution, Section 53720 et seq. of the California Government Code, the City has the authority to levy a general tax; and
WHEREAS, Article XIIIC, Section 2, of the California Constitution requires that the election at which a general tax increase is submitted to the electorate shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body; and
WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, and Section 7285.9 of the California Revenue and Taxation Code, authorizes a city to adopt a transactions and use tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, pursuant to Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code, the City currently has a general transactions and use tax at the rate of

1.5% which is set to expire in 2040 (“Transactions and Use Tax”); and WHEREAS, this Ordinance would increase the Transactions and Use Tax rate from

1.5% to 1.875% and extend the duration of the Transactions and Use Tax so that it remains in effect until ended by voters; and
WHEREAS, by Resolution No. _______, the City Council of the City of Carmel-by-theSea submitted this Ordinance to the voters at the General Municipal Election to be held in the City of Carmel-by-the-Sea on November 3, 2026 (“General Municipal Election”); and
WHEREAS, by Resolution No. _______, the City Council has approved this Ordinance pursuant to Section 7285.9 of the California Revenue and Taxation Code; and WHEREAS, the General Municipal Election was also a regularly scheduled general election for members of the Carmel-by-the-Sea City Council.

NOW THEREFORE, ON THE BASIS OF THE FOREGOING, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA, DO HEREBY ORDAIN AS FOLLOWS:

ATTACHMENT 2

4901-7809-6034 v2
SECTION 1. AMENDMENT TO SECTION 3.28.170: Section 3.28.170 (entitled “Imposition”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“A transactions and use tax is hereby imposed as a general tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City for a period of 20 years, and upon the sales price of tangible personal property stored, used or otherwise consumed in the City as further set forth below.”
SECTION 2. AMENDMENT TO SECTION 3.28.210: Section 3.28.210 (entitled “Transactions Tax Rate”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-theSea Municipal Code is hereby amended in its entirety as follows:
“For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated area of the City at the rate of one and one-half percent1.875% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of the ordinance codified in this article for a period of 20 years following the effective date of the taxand remaining in effect until repealed by the voters of the City of Carmel-by-the-Seaand shall then be terminated.”
SECTION 3. AMENDMENT TO SECTION 3.28.230: Section 3.28.230 (entitled “Use Tax Rate”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this article for storage, use or other consumption in the City at the rate of 1.875% one and one-half percent of the sales price of the property for a period of 20 years following the effective date of the tax, and remaining in effect until repealed by the voters of the City of Carmel-by-the-Sea and shall then be terminated. The sales price shall include delivery charges when such charges are subject to sales or use tax regardless of the place to which delivery is made.” SECTION 4. AMENDMENT TO SECTION 3.28.310: Section 3.28.310 (entitled “Termination Date”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“The authority to levy the taxes imposed by this article shall remain in effect until repealed by the voters of the City of Carmel-by-the-Sea expire 20 years from the operative date, unless extended by the voters.” SECTION 5. COUNCIL AUTHORITY TO AMEND: The City Council has the right and authority to amend this Ordinance, to further its purposes and intent (including but not limited to amendment for more efficient administration as determined by the City ATTACHMENT 2

4901-7809-6034 v2
Council), in any manner that does not increase a tax rate, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution, pursuant to Section 9217 of the California Elections Code.

SECTION 6. SEVERABILITY: Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance.

SECTION 7. DATE OF ADOPTION; EFFECTIVE DATE: Pursuant to Elections Code Section 9217, this Ordinance shall be considered adopted on the date that the City Council declares that the voters of the City of Carmel-by-the-Sea have approved the Ordinance by a vote of no less than a majority of the votes cast by the electors voting at the General Municipal Election held on Tuesday, November 3, 2026, and shall go into effect ten (10) days thereafter. Following a declaration by the City Council that this Ordinance was approved by a majority of the voters, as set forth in Elections Code Section 9217, the Mayor is hereby authorized to approve that this Ordinance was adopted on the date that the City Council declared that the voters of the City of Carmel-by-the-Sea approved the Ordinance, by signing where indicated below.

SECTION 8. APPROVAL OF ORDINANCE: The City Council hereby approves this Ordinance pursuant to Section 7285.9 of the California Revenue and Taxation Code and authorizes the Mayor to sign as to the City Council’s approval thereof.

SECTION 9. PUBLICATION: The Clerk shall cause this ordinance to be published in the manner required by law.

SECTION 10. ENVIRONMENTAL REVIEW: The City hereby determines that this Ordinance is not in-and-of-itself a “project” pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation California Code of Regulations, Title 14, Sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption of the ordinance itself may have a significant effect on the environment. This Ordinance relates to a transactions and use tax and relates to the creation of City funding mechanisms and City fiscal activities, which does not involve any commitment to any project which may result in a potentially significant physical impact on the environment.

PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA at the General Municipal Election held on November 3, 2026.

APPROVED,
________________________________
Mayor
ATTACHMENT 2

4901-7809-6034 v2
ATTEST:
________________________________
Nova Romero, MMC
City Clerk
ATTACHMENT 2

ATTACHMENT 3
4901-7809-6034 v2
ORDINANCE NO. 2026-003

AN ORDINANCE OF THE CITY OF CARMEL-BY-THE SEA, CALIFORNIA, INCREASING THE CITY’S CURRENT TRANSACTIONS AND USE TAX RATE FROM 1.5% TO 1.875% AND

EXTENDING THE DURATION OF SUCH TRANSACTIONS AND USE TAX SO THAT IT

REMAINS IN EFFECT UNTIL ENDED BY VOTERS
WHEREAS, pursuant to Article XIIIC of the California Constitution, Section 53720 et seq. of the California Government Code, the City has the authority to levy a general tax; and WHEREAS, Article XIIIC, Section 2, of the California Constitution requires that the election at which a general tax increase is submitted to the electorate shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body; and WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, and Section 7285.9 of the California Revenue and Taxation Code, authorizes a city to adopt a transactions and use tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, pursuant to Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code, the City currently has a general transactions and use tax at the rate of 1.5% which is set to expire in 2040 (“Transactions and Use Tax”); and WHEREAS, this Ordinance would increase the Transactions and Use Tax rate from 1.5% to

1.875% and extend the duration of the Transactions and Use Tax so that it remains in effect until ended by voters; and
WHEREAS, by Resolution No. 2026-043,, the City Council of the City of Carmel-by-the-Sea submitted this Ordinance to the voters at the General Municipal Election to be held in the City of Carmel-by-the-Sea on November 3, 2026 (“General Municipal Election”); and WHEREAS, by Resolution No. 2026-043, the City Council has approved this Ordinance pursuant to Section 7285.9 of the California Revenue and Taxation Code; and WHEREAS, the General Municipal Election was also a regularly scheduled general election for members of the Carmel-by-the-Sea City Council.

NOW THEREFORE, ON THE BASIS OF THE FOREGOING, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA, DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT TO SECTION 3.28.170: Section 3.28.170 (entitled “Imposition”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“A transactions and use tax is hereby imposed as a general tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail

ATTACHMENT 3
4901-7809-6034 v2
in the City, and upon the sales price of tangible personal property stored, used or otherwise consumed in the City as further set forth below. The revenue from the Transaction and Use Tax shall be subject to the City's annual independent financial audit.”
SECTION 2. AMENDMENT TO SECTION 3.28.210: Section 3.28.210 (entitled “Transactions Tax Rate”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated area of the City at the rate of 1.875% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of the ordinance codified in this article and remaining in effect until repealed by the voters of the City of Carmelby-the-Sea.” SECTION 3. AMENDMENT TO SECTION 3.28.230: Section 3.28.230 (entitled “Use Tax Rate”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this article for storage, use or other consumption in the City at the rate of 1.875% of the sales price of the property and remaining in effect until repealed by the voters of the City of Carmel-by-theSea . The sales price shall include delivery charges when such charges are subject to sales or use tax regardless of the place to which delivery is made.” SECTION 4. AMENDMENT TO SECTION 3.28.310: Section 3.28.310 (entitled “Termination Date”) of Article IV of Chapter 3.28 of Title 3 of the Carmel-by-the-Sea Municipal Code is hereby amended in its entirety as follows:
“The authority to levy the taxes imposed by this article shall remain in effect until repealed by the voters of the City of Carmel-by-the-Sea .” SECTION 5. COUNCIL AUTHORITY TO AMEND: The City Council has the right and authority to amend this Ordinance, to further its purposes and intent (including but not limited to amendment for more efficient administration as determined by the City Council), in any manner that does not increase a tax rate, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution, pursuant to Section 9217 of the California Elections Code.

SECTION 6. SEVERABILITY: Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance.

SECTION 7. DATE OF ADOPTION; EFFECTIVE DATE: Pursuant to Elections Code Section 9217, this Ordinance shall be considered adopted on the date that the City Council declares that the voters of the City of Carmel-by-the-Sea have approved the Ordinance by a vote of no less than a majority of the votes cast by the electors voting at the General Municipal

ATTACHMENT 3
4901-7809-6034 v2
Election held on Tuesday, November 3, 2026, and shall go into effect ten (10) days thereafter.

Following a declaration by the City Council that this Ordinance was approved by a majority of the voters, as set forth in Elections Code Section 9217, the Mayor is hereby authorized to approve that this Ordinance was adopted on the date that the City Council declared that the voters of the City of Carmel-by-the-Sea approved the Ordinance, by signing where indicated below.

SECTION 8. APPROVAL OF ORDINANCE: The City Council hereby approves this Ordinance pursuant to Section 7285.9 of the California Revenue and Taxation Code and authorizes the Mayor to sign as to the City Council’s approval thereof.

SECTION 9. PUBLICATION: The Clerk shall cause this ordinance to be published in the manner required by law.

SECTION 10. ENVIRONMENTAL REVIEW: The City finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") because the Ordinance is an activity that is excluded from the definition of a project by Public Resources Code sections 21065 and 21080(b)(8) and California Code of Regulations Sections 15273 and 15378(b) (the “CEQA Guidelines”). The proposed Ordinance includes organizational or administrative activities of government which will not result in direct or indirect physical changes to the environment and are exempt from CEQA under CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF CARMELBY-THE-SEA at the General Municipal Election held on November 3, 2026.

APPROVED,
________________________________
Mayor
ATTEST:
________________________________
Nova Romero, MMC
City Clerk

ACTION ITEM APPLIES TO
Signatures In-Lieu of Filing Fee Period
Cal. Const. art. VI, §16(d)(1); ELEC §8106(b)(3)
Supreme and Appellate Courts May 18, 2026 July 16, 2026 Amended Candidate Intention Statement
GOV §§ 85200, 85400, 85401, 85600, 85601
Candidates running for statewide office
or State Assembly
June 16, 2026
County Holiday -- Office Closed
Juneteenth
June 19, 2026
State Initiative and Legislative Measure Qualification
Deadline
ELEC §9033; Cal. Const. art. II, §8(c)
Last day for an initiative measure and
for the Legislature to adopt a constitional
amendment, bond measure or other
legislative measure to qualify for the
ballot.

June 25, 2026
Candidate Statement Period for State Voter
Information Guide
(Date Designated by SOS)
Candidates for Statewide Office June 25, 2026 July 15, 2026 School and Special District Vacancies
Last day for the governing bodies of local jurisdictions to call an election to fill a vacancy
GOV §1780; EDC §5091
School and Special Districts June 26, 2026
Consolidation of School Elections County
Superintendent of Schools shall notify the governing
boards of all school districts under their jurisdiction that a consolidated election is required to be held
EDU §5323, 5340
County Superintendent of Schools June 26, 2026
Cities to publish election notice, if any city is
consolidating an election
ELEC §12101, 12111
Cities June 29, 2026 July 13, 2026
Statement of Election Facts, Notice of Election, and
District maps due to the elections official
ELEC §10509, 10522, 10524
County Elections Department July 1, 2026
Adopted school resolutions due to Superintendent
EDU §5322
School Districts July 3, 2026
County Holiday -- Office Closed
Independence Day (Observed)
July 3, 2026
County Superintendent to deliver resolutions and
formal notice to call an election to the county
elections official
EDU §5324, 5325
County Superintendent of Schools July 6, 2026
Publication of Notice of Election
Includes the date of election, offices to be filled, where nomination papers are available, and deadline for filing forms
ELEC §§12109, 12112; GOV §6061; EDU §5363
County Elections Department July 6, 2026 August 5, 2026 Last day for the remaining council to call an election
to fill a vacancy. City Clerk shall immediately publish Notice of Election
ELEC §§12101, 12102; GOV §§36512
Cities June 29, 2026 July 13, 2026

MONTEREY COUNTY ELECTIONS DEPARTMENT
DATES
November 3, 2026, General Election Calendar
SOS General Election Key Dates: https://www.sos.ca.gov/elections/upcoming-elections/general-election-november-3-2026/key-dates-deadlines ATTACHMENT 4

Filing Period of Declaration of Candidacy/Nomination
Papers
*Candidate Statement of Qualifications due at the time of filing
ELEC §§13, 100, 104, 333, 8020, 8028, 8040, 8041, 8061, 8067, 10220, 10224-10227, 10407, 10510-10516, 10602,
10705, 13107, 13307-13308; CCP §2015.5, GOV §§87200-
87201
City, School, and Special Districts July 13, 2026 August 7, 2026 Candidate Statements in the County Voter
Information Guide
*Candidates for State Assembly must agree to accept the voluntary expenditure limits on their Candidate Intention Statement
ELEC §§ 13307.5, 13307.7; GOV § 85601(c)
Top-two candidates for voter-nominated
offices and local run-off candidates for
general election.

July 13, 2026 August 7, 2026
Filing Period of Declaration of Candidacy
Period in which a justice of the Supreme or Appellate
Court, who must stand for retention at the general election, may file a declaration of candidacy with the Secretary of State
Cal. Const. art. VI, ELEC §§ 8103, 8105, 8201
Supreme and Appellate Courts July 17, 2026 August 15, 2026 Semi-Annual Campaign Statement Deadline
(Period: * -- 06/30/22)
GOV §§84200(a), 84218
All Committees July 31, 2026
Last day to request a different ballot designation than the one used for the Primary Election
CA CCR., Title 2 §20711(e); ELEC §13107(h)
Top-two candidates for voternominated offices and local run-off candidates for general election.

July 28, 2026
497 24-hour Contribution Report Filed by state and local committees making or receiving contributions of
$1,000 or more 90 days before election.

August 5, 2026
Last day for run-off candidates to file and pay for
Candidate Statement of Qualifications
ELEC §§13307(a)(2), 13307.5, 13307.7; GOV §§ 85601(c)
Top-two candidates for voter-nominated
offices and local run-off candidates for
general election.

August 7, 2026
Last day to file a Local Measure
ELEC §10403
Local Jurisdictions August 7, 2026
Last day to file a Tax Rate Statement for Bond
Measures
ELEC §§9400, 9401
Local Jurisdictions August 7, 2026
Candidate Filing Period Closes
ELEC §§8020, 10224, 10510, 10603(b)
All Offices August 7, 2026
Elections official will designate letters for local
measures after 5:00 p.m.

ELEC §13116
County Elections Department August 7, 2026
Last day for run-off candidates to file and pay for
Candidate Statement of Qualifications
ELEC §13307(a)(2)
Top-two candidates for voter-nominated
offices and local run-off candidates for
general election.

August 7, 2026
Extended Candidate Filing Period
ELEC §§8022, 8024, 10516
Offices for which no eligible incumbent
files nomination papers by August 7
August 8, 2026 August 12, 2026
10-day public review period of local measure on the
ballot
ELEC §§9190, 9295, 9380, 9509, 13313
All Jurisdictions August 8, 2026 August 17, 2026
ATTACHMENT 4

Period to file Primary Arguments in favor of or against local ballot measures
ELEC §§9162-9164, 9281-9283, 9286, 9315-9316, 9501-
9502, 9600-9601
Local Jurisdictions
(not to exceed 300 words)
August 8, 2026 August 13, 2026
Public review period of Candidate Statement of
Qualifications
ELEC §§9190, 9295, 9380, 9509, 13313
All Candidates August 8, 2026 August 17, 2026
Last day to withdraw Candidate Statement of
Qualifications for offices that closed on the 88th day
ELEC §13307(a)(3)
August 10, 2026
"Write-In Candidacy" Filing Period Against Incumbent
Judge Runing Unopposed Ends
ELEC §§8203, 8600-8605
Judicial Candidates August 12, 2026
Extended Candidate Filing Period Closes
ELEC §§8022, 8024
Offices for which no eligible incumbent
files nomination papers by August 7
August 12, 2026
Last day to submit party endorsements for voternominated offices to be published in voter information guide
ELEC §13302(b)
Qualified Political parties August 12, 2026
Public review period of Candidate Statement of
Qualifications
ELEC §§9190, 9295, 9380, 9509, 13313
Candidate Statements of Qualifications
filed during the extended period
August 13, 2026 August 23, 2026
Last day to withdraw “Candidate Statement of
Qualifications”
ELEC §13307(a)(3)
Candidate Statements of Qualifications
filed during the extended period
August 13, 2026
Randomized alphabet drawing for ballot placement
(order of names on the ballot)
ELEC §§13111-13113
Secretary of State/County Elections
Department
August 13, 2026
Last day to file Primary Arguments in favor of or
against local ballot measures
ELEC §§9162-9164, 9281-9283, 9286, 9315-9316, 9501-
9502, 9600-9601
Local Jurisdictions
(not to exceed 300 words)
August 13, 2026
Last day to file Impartial Analysis regarding local
ballot measures
ELEC §9160, 9163, 9280, 9313, 9314, 9500
County Counsel and/or City Attorneys
(not to exceed 500 words)
August 13, 2026
10-day public review period for arguments
ELEC §§9190, 9295, 9380, 9509, 13313
All Jurisdictions August 14, 2026 August 24, 2026
Period to file Rebuttal Arguments in favor of or
against local ballot measures
ELEC §§9163-9164, 9167, 9281-9286, 9316-9317, 9502,
9504, 9600-9601
Local Jurisdictions
(not to exceed 250)
August 14, 2026 August 20, 2026
Last day to file Rebuttal Arguments in favor of or
against local ballot measures.

ELEC §§9163-9164, 9167, 9281-9286, 9316-9317, 9502,
9504, 9600-9601
Local Jurisdictions
(not to exceed 250)
August 20, 2026
10-day public review period for rebuttals
ELEC §§ 9190, 9295, 9380, 9509, 13313
All Jurisdictions August 21, 2026 August 31, 2026
Certified List of State Candidates
ELEC §§8148, 8149, 13111
Secretary of State August 27, 2026
County Holiday -- Office Closed
Labor Day
September 7, 2026
ATTACHMENT 4

"Write-In Candidacy" Filing Period
ELEC §§8600-8605, 8606
Any qualified person
(not applicable to voter-nominated
offices)
September 7, 2026 October 20, 2026
1st Pre-Election Statement
(Period: 07/01/26 - 09/19/26)
GOV §§84200.5, 84200.8, 84218
Each candidate listed on the ballot must
file either Form 460 or Form 470
September 24, 2026
Ballots mailed to each voter
ELEC §§3000.5, 3001
Any registered voter may obtain a ballot
by mail
October 5, 2026 October 27, 2026
Last day to Register to Vote
52 U.S.C §§20301, 20501; ELEC §§300, 321, 2102, 2170,
3102
Any eligible citizen October 19, 2026
Last day to file a “Write-In Candidacy”
ELEC §§8600-8606
Write-In Candidates October 20, 2026
Conditional Voter Registration
ELEC §§2170-2173; CCR 2 §20021(b)(1)
Any citizen or registrant eligible to
register to vote (at Elections Office,
Satellite Locations, and Polling Places
on Election Day)
October 20, 2026 November 3, 2026
2nd Pre-Election Statement
(Period: 09/20/26 - 10/17/26)
GOV §§84200.5, 84200.8, 84218
All committees must file this report October 22, 2026
Certified List of State Write-In Candidates Secretary of State October 23, 2026 Last day to receive a request for a ballot via mail.

After this date, any registered voter may pick one up
in-person until election day
ELEC §3001
Any registered voter may obtain a ballot
by mail
October 27, 2026

FINAL DAY TO VOTE
ELEC §§1000, 1001, 1100, 1200, 14212
Voters may voter in person at any polling
location, including the County Elections
Department and Satellite Offices, from
7:00am to 8:00pm
November 3, 2026
Last day for county elections office to receive ballots in the mail that are postmarked with the election date.

ELEC §§3017, 3020; Assembly Bill 37
County Elections Department November 10, 2026
County Holiday -- Office Closed
Veterans' Day
November 11, 2026
County Holiday -- Office Closed
Thanksgiving Day
November 26, 2026
County Holiday -- Office Closed
Day After Thanksgiving
November 27, 2026
Deadline to certify the election
ELEC §15372
County Elections Department December 3, 2026
ATTACHMENT 4

CARMEL-BY-THE-SEA
BALLOT MEASURE RELATED DEADLINES FOR THE NOVEMBER 3, 2026 ELECTION

ACTION ITEM APPLIES TO LAST DAY/TIME TO FILE WITH

CITY CLERK

LAST DAY FOR CITY

CLERK TO FILE WITH
COUNTY
Last day to adopt a Resolution
adopting ballot measure(s)
language for the Nov. 3rd
Election
Carmel City Council July 7, 2026 August 7, 2026
Send Ballot Measure notice to
the Pine Cone to be published
on July 17th
City Clerk July 14, 2026
Public Review Period of Carmel
Ballot Measure(s) Public/everyone July 17 - 27, 2026
Last day to file Primary
Arguments in favor of or against
Carmel ballot measure(s)
Public/everyone August 7, 2026 at 5:00 p.m. August 13, 2026 Last day for City Attorney to file
Impartial Analysis regarding
Carmel Ballot Measure(s)
City Attorney August 7, 2026 at 5:00 p.m. August 13, 2026 Public Review Period for Primary
Arguments and the City
Attorney's Impartial Analysis
Public/everyone August 8 - 17, 2026
Last day to file Rebuttal
Arguments in favor of or against
Carmel ballot measures
Public/everyone August 17, 2026 at 5:00 p.m. August 20, 2026 10-day public review period for
rebuttals (posted on City's
website)
Public/everyone August 18 - 27, 2026
ATTACHMENT 5

ATTACHMENT 6

Draft Primary Argument in Support of Transaction and Use (Sales) Tax Ballot Measure
A transaction and use tax is a sales tax applied to most purchases of goods, food, and beverages. In a tourist
destination like Carmel-by-the-Sea, a substantial portion of this tax is paid by visitors.

Sales taxes fund a variety of things, mostly at the State and County Level. California law limits the LOCAL sales tax rate in Carmel to 1.5%, which is available entirely for local uses.

A recent change in State Law, however, allows cities like Carmel-by-the-Sea to increase our local share by 0.375% to a total of 1.875%. Doing so would add just 19 CENTS to a $50 lunch bill, while generating an additional $1.88 Million in sorely needed revenue for our local city government.

If, as voters, we do not approve this local tax increase, another adjacent jurisdiction, such as Monterey County, may seek to permanently claim this limited taxing authority.

Approving this measure now, ensures that these locally
generated funds remain under local control and are
available to upgrade our infrastructure and enhance overall service levels.

Funds generated by this tax increase can be put to good use immediately. Beyond the rising costs of almost everything, our City’s infrastructure is old, overused, and, unfortunately,

ATTACHMENT 6
has been allowed to deteriorate. The current City Council estimates the cost to correct this deferred maintenance at over $100 Million, and we believe the need to address it is urgent and important. We’ve already changed our Guiding Budget and Financial Policies to strictly limit operational spending, thereby increasing funds available for
infrastructure rehabilitation. But that’s just a start. To make real and meaningful progress, we simply need more
revenue. This SMALL tax increase will be a BIG help.

Join us. Vote yes on measure Z.

CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
June 2, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Consider Resolution 2026-044 Approving First Amendment to Acting City Administrator At-Will Employment Agreement
RECOMMENDATION:

Motion to Adopt Resolution 2026-044 Approving First Amendment to Acting City Administrator At-Will Employment Agreement (Attachment 1).

BACKGROUND / SUMMARY:

On December 2, 2025, the City and the Acting City Administrator entered into an Acting City Administrator At-Will Employment Agreement (“Agreement’). Resolution 2025-102 with the attached Agreement is Attachment 2 to this Staff Report.

Section 4 of the Agreement provides that the Term of the Agreement shall commence on December 23, 2025 and shall continue for a period of not to exceed six (6) months.

During the Agreement period, the Acting City Administrator successfully performed the duties and responsibilities of the position, and City Council expressed their desire for him to permanently serve as City Administrator.

The Acting City Administrator has decided that he wants to return to his previous position with the City as the Assistant City Administrator, so it is necessary for the City to begin a recruitment for a City Administrator.

Since the recruitment of a City Administrator will likely take several months, the Parties have agreed to extend the Term of the Agreement to December 31, 2026, or until the

date a City Administrator is sworn into office, whichever is earlier. The salary and benefits for the Acting City Administrator shall remain the same as set forth in the Agreement. A First Amendment to Acting City Administrator At-Will Employment Agreement is attached as Exhibit A to the Resolution (Attachment 1).

FISCAL IMPACT:

The annual salary of the Acting City Administrator based upon the Acting City Administrator At-Will Employment Agreement is $254.392.00 and benefits as set forth in that Agreement will continue through the end of the Term of the First Amendment to Acting City Administrator At-Will Employment Agreement.

PRIOR CITY COUNCIL ACTION:

On December 2, 2025, the City Council approved the Acting City Administrator At-Will Employment Agreement.

ATTACHMENTS:

1. Resolution 2026-044

2. Acting City Administrator At-Will Employment Agreement

ATTACHMENT 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-044

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

APPROVING FIRST AMENDMENT TO ACTING CITY ADMINISTRATOR AT-WILL EMPLOYMENT

AGREEMENT
WHEREAS, on December 2, 2025, the City and the Acting City Administrator entered into an Acting City Administrator At-Will Agreement (“Agreement’); and WHEREAS, Section 4 of the Agreement provides that the Term of the Agreement shall commence on December 23, 2025 and shall continue for a period of not to exceed six (6) months; and
WHEREAS, during the Agreement period, the Acting City Administrator successfully performed the duties and responsibilities of the position, and City Council expressed their desire for him to permanently serve as City Administrator; and
WHEREAS, the Acting City Administrator has decided that he wants to return to his previous position with the City as the Assistant City Administrator so it will be necessary for the City to begin a recruitment for a City Administrator; and
WHEREAS, since the recruitment of a City Administer will likely take several months, the Parties have agreed to extend the Term of the Agreement to December 31, 2026 or until the date a City Administrator is sworn into office, whichever is earlier.

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

1. Approve the First Amendment to the Acting City Administrator At-Will Employment Agreement with Brandon Swanson attached hereto as Exhibit A.

2. Authorize Mayor Dale Byrne to execute the First Amendment to the Acting City Administrator At-Will Employment Agreement.

Resolution 2026-044 ATTACHMENT 1

3. This Resolution shall take effect immediately following adoption by the City Council of the City of Carmel-by-the-Sea.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

_______________________________ _____________________________ Dale Byrne, Mayor Nova Romero, MMC, City Clerk

Resolution 2026-044 ATTACHMENT 1

EXHIBIT A

FIRST AMENDMENT TO ACTING CITY ADMINISTRATOR

AT-WILL EMPLOYMENT AGREEMENT
This First Amendment to Acting City Administrator At-Will Employment Agreement (“First Amendment”) is entered into by the City of Carmel-by-the-Sea (“City”) and Brandon Swanson (“Acting City Administrator”), hereafter collectively referred to as “Parties”.

RECITALS

1. December 2, 2025, the City and the Acting City Administrator entered into an Acting City Administrator At-Will Agreement (“Agreement’).

2. Section 4 of the Agreement provides that the Term of the Agreement shall commence on December 23, 2025 and shall continue for a period of not to exceed six (6) months.

3. During the Agreement period, the Acting City Administrator successfully performed the duties and responsibilities of the position, and City Council expressed their desire for him to permanently serve as City Administrator.

4. The Acting City Administrator has decided that he wants to return to his previous position with the City as the Assistant City Administrator so it will be necessary for the City to begin a recruitment for a City Administrator.

5. Since the recruitment of a City Administer will likely take several months, the Parties have agreed to extend the Term of the Agreement to December 31, 2026 or until the date a City Administrator is sworn into office, whichever is earlier.

FIRST AMENDMENT TO AGREEMENT
WHEREFORE, the Parties hereby agree as follows:

1. Recitals: The Parties agree that the foregoing Recitals are true and correct and are hereby incorporated by reference as though set forth in full.

2. Term: The Parties agree to extend the Term of the Agreement to December 31, 2026 or until the date a City Administrator is sworn into office, whichever is earlier. Upon mutual written agreement executed by the Parties, this Term may be extended if a City Administrator has not been sworn into office by December 31, 2026.

Resolution 2026-044 ATTACHMENT 1

3. Assistant City Administrator: When a City Administrator is sworn into office, the Acting City Administrator will be reinstated to his position as the Assistant City Administrator by reinstating his Assistant City Administrator At-Will Employment Agreement which was in effect on December 22, 2025.

4. Provisions of Agreement: All provisions of the Agreement shall remain in full force and effect except as modified by this First Amendment.

5. Modifications: Any modifications to this First Amendment shall be effective only if in writing and signed by both of the Parties hereto.

This First Amendment is entered into this 2nd day of June 2026.

City of Carmel-by-the-Sea
By: _____________________________
Dale Byrne, Mayor
____________________________________
Brandon Swanson
Attest:
____________________________________
Nova Romero, City Clerk
Approved as to Form:
____________________________________
Brian Pierik, City Attorney









 






ATTACHMENT 2









 






ATTACHMENT 2

ACTING CITY ADMINISTRATOR AT-WILL EMPLOYMENT AGREEMENT

1. Employment
This Acting City Administrator At-Will Employment Agreement (Agreement) is entered into by and between the City of Carmel-by-the-Sea (City) and Brandon Swanson (Acting Administrator). Under this Agreement, the City offers, and Acting Administrator accepts, employment as Acting City Administrator of the City. Acting Administrator shall be an at-will employee, and serve at the pleasure of the City Council of Carmel-by-the-Sea (City Council). The City and Acting Administrator may be collectively referred to herein as the “Parties”.

2. Duties
Acting Administrator shall perform those duties and have those responsibilities that are commonly assigned to a City Administrator of a city in California, and as further set forth in the City’s Municipal Code (CMC) including, but not limited to, CMC Chapter 2.08 (City Administrator). Acting Administrator shall perform such other legally permissible and proper duties and functions consistent with the office of City Administrator as the City Council shall from time to time assign. Acting Administrator shall have the authority to appoint an Acting Assistant City Administrator.

3. Devotion to City Business
Acting Administrator’s position is full-time. Acting Administrator shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his duties as Acting City Administrator, except as may be specifically authorized or requested by the City Council. Acting Administrator shall not engage in any employment other than as the Acting City Administrator for the City unless approved by the City Council.

4. Term
The term of this Agreement shall commence on December 23, 2025 and shall continue for a period not to exceed six (6) months. Upon successful completion of the duties of this position during that 6 month term, the City Council will enter into good faith negotiations to consider permanently appointing the Acting Administrator as City Administrator, unless during such time this Agreement is terminated by either party in accordance with the provisions set forth in Section 6 of this Agreement. The Parties acknowledge that Acting Administrator is an at-will employee, who serves at the pleasure of the City Council.

5. City Council Commitments
A. As provided 2.08.070 (Internal Relations), the City Council and its members shall deal with the administrative services and department heads of the City only through the Acting Administrator, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the Acting Administrator. The Acting Administrator shall take orders and instructions from the City Council only when it is EXHIBIT A ATTACHMENT 2











 


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Acting City Administrator At-Will Employment Agreement
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sitting in a duly convened meeting, and no individual Council member shall give any orders or instructions to the Acting Administrator.

B. No member of the City Council will order the appointment or removal of any person to any office or employment under the supervision and control of Acting Administrator.

C. Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the Acting Administrator as specified in the CMC, this Agreement, or any other lawfully adopted and authorized document.

6. Termination of Employment and this Agreement; General Release; Severance A. Acting Administrator serves at the pleasure of the City Council and nothing in this Agreement shall be interpreted to prevent, limit or otherwise interfere with the right of City to terminate the services of Acting Administrator with or without cause. There is no express or implied promise to Acting Administrator for any form of continued employment.

B. If the City terminates this Agreement (thereby terminating Acting Administrator’s employment) without cause, as determined by the affirmative votes of four of the members of the City Council at a regular or special meeting of the City Council, and if Acting Administrator signs, delivers to the City Council, and does not revoke, the General Release Agreement (“Release Agreement”) attached hereto as Exhibit A, City shall pay Acting Administrator a lump sum equal to one (1) month's pay, effective from the start of this contract. Additional cash severance shall be as provided by City Municipal Code Section 2.08.050 C. All such lump sum payments are to be computed at the highest salary received during service as Acting City Administrator, plus health (medical, dental, and vision) benefits (“Severance”).

C. If City terminates this Agreement (thereby terminating Administrator’s employment) with cause, as determined by the affirmative votes of four of the members of the City Council at a regular or special meeting of the City Council, Administrator shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefits according to their terms. (“Accrued Salary and Benefits”).

D. As used in this Agreement, “cause” is “willful misconduct” which includes the following:
(1) Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which, in the determination of the City Council, is likely to have a materially adverse impact on the City or the Acting Administrator’s reputation;
(2) Uncured failure of Acting Administrator to observe or perform any of his duties and obligations:

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Acting City Administrator At-Will Employment Agreement
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(3) Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4, or of moral turpitude;
(4) Uncured repeated failure to carry out a directive or directives of the City Council made by the City Council at a properly noticed and held meeting; and
(5) Any grossly negligent action or inaction by Acting
Administrator that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properlyestablished rules or procedures. (6) Dishonesty or fraud including ay act of dishonesty, fraud, misrepresentation, or falsification by the Administrator in connection with the performance of his official duties, including but not limited to the intentional misuse of City funds, property, records, or confidential information, or the intentional submission of false or misleading statements to the City Council, City employees, or the public.
(7) Breach of this Agreement
(8) Unlawful harassment, discrimination, or retaliation as defined by applicable Federal and/or California law or by the City’s adopted policies.

E. The City Council agrees that, prior to termination of Acting Administrator based on the grounds stated in Section 6 D (2) and Section 6 D (4), the Council will provide Acting Administrator a written notice of the basis for its dissatisfaction with Acting Administrator (“Notice”). Acting Administrator shall have fifteen (15) days from the date of Notice in which to “cure” the issues raised in the Notice received from Council. Determination of whether Acting Administrator has satisfactorily “cured,” and whether termination is still warranted, shall be at the discretion of the City Council.

F. If, during the term of this Agreement, including any extensions, Acting Administrator dies, Acting Administrator’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment.

G. Acting Administrator may resign from his employment at any time, upon giving forty-five (45) days written notice to the City Council. In the event of resignation, Acting Administrator shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefits according to their terms. (“Accrued Salary and Benefits”).

H. If the City Council terminates this Agreement without cause, then the City Council, in its discretion, may reinstate the Acting Administrator to his position as the Assistant City Administrator by reinstating his current Assistant City Administrator At-Will Employment EXHIBIT A ATTACHMENT 2











 


ATTACHMENT 2

Acting City Administrator At-Will Employment Agreement
4935-3555-6219 v1 4
Agreement in effect as of December 22, 2025. If the Acting Administrator resigns from the position of Acting Administrator, then the Acting Administrator will be reinstated to his position as the Assistant City Administrator by reinstating his current Assistant City Administrator At-Will Employment Agreement in effect as of December 22, 2025.

7. Base Salary
A. Acting Administrator’s initial annual Base Salary shall be $254.392.00 (Two Hundred and fifty-four thousand and three hundred and ninety dollars) Said amount shall be payable in the same manner and on the same schedule as that of other City employees. Adjustments in Acting Administrator’s Base Salary may be effective at any time at the sole discretion of the City Council.

B. Whenever a cost of living adjustment or other non-merit based salary increase is provided to other At-Will employees, the City Council shall consider whether it is reasonable and appropriate to grant a similar increase to the Acting Administrator Base Salary upon the written request of the Acting Administrator.

C. Acting Administrator’s Base Salary merit adjustments approved by the City Council from time to time pursuant to this Agreement shall not require an amendment to this Agreement to be effective and shall be approved by a City Council resolution.

D. If the City Council reduces the Base Salary or any other financial benefit of the Acting Administrator in a percentage that is greater than the average reduction of all managers, such action shall constitute a termination of this Agreement without Cause, and Acting Administrator shall be entitled to payment of Severance as specified in Section 6 B. Benefits.

8. Benefits
A. Deferred Compensation. City agrees to provide a Section 457 deferred compensation program which will be administered by CalPERS or Nationwide (whichever Acting Administrator chooses), and to pay into such program for Acting Administrator’s benefit, $23,500 annually, payable in equal monthly installments.

B. Pension. CITY is a member of the Public Employees Retirement System (PERS) in the PERS plan in which it participates on behalf of other City employees. Acting Administrator is a “PEPRA” employee hired on or after January 1, 2013 (non-Classic Member) and does not qualify for pension reciprocity as stated in California Government Code Section 7522.02 (c).

Acting Administrator’s CALPERS benefits are consistent with CITY policy under the 2% at 62 Formula under the CALPERS plan. For the purposes of determining a retirement benefit, final compensation for members covered under PEPRA shall be determined by the average of the final three years of the member’s salary. Final retirement compensation is determined by CALPERS.

C. Retiree Health Coverage. City shall also provide Acting Administrator with the same limited retiree health coverage as set forth in City Resolutions affecting other At-Will employees.

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Acting City Administrator At-Will Employment Agreement
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D. Health and Medical Benefits Insurance. City shall provide Acting Administrator with the same health plans (medical, dental, and vision) which are provided to other City employees. City shall pay the same premium amounts for all plans that it pays for other At-Will employees as is determined by the City Council.

E. Life Insurance and Accidental Death/Dismemberment. City shall provide Acting Administrator with the same life insurance and accidental death dismemberment insurance benefits that are provided to other City employees, and shall pay that portion of the employee and dependent rate or premium as is determined by the City Council for all At-Will employees.

F. Physical Examination. Each calendar year, City shall provide Acting Administrator with an executive physical examination, at a cost not to exceed One Thousand Dollars ($1,000.00) by a qualified physician or medical facility, of Acting Administrator’s choice, within reasonable proximity to City.

G. No Car Allowance/Use of Personal Vehicle. Acting Administrator’s duties require him to be available and to respond to the demands of City business at all times and outside of regular business hours, including weekends. City shall not pay Acting Administrator a monthly car allowance, but shall reimburse Acting Administrator for any mileage driven in his personal vehicle at the standard mileage rate, as determined by the Internal Revenue Service. The reimbursement for mileage shall not include miles commuting to and from the City, and if Acting Administrator travels from his home to some other destination, then there must first be a deduction for the normal commute miles before calculating the mileage reimbursement.

H. No Housing Allowance. City shall not pay Acting Administrator a housing allowance.

I. Equipment. Acting Administrator will either use a cell phone provided by the City, with monthly cellular fees paid by the City consistent with City policy, or his personal cell phone, for City business. Acting Administrator will determine which option to exercise. In the event Acting Administrator elects to use his personal cell phone for city business, Acting Administrator will provide City with any city related texts or email messages upon request of City.

City shall not pay for the purchase, installation, and maintenance of compatible computer equipment (hardware, software and internet access) for Acting Administrator at his residence. City will provide a City owned laptop computer to Acting Administrator.

J. Business and Professional Expenses. City recognizes that Acting Administrator may incur expenses of a non-personal, job-related nature that are reasonably necessary to Acting Administrator’s service to City. City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to City’s normal expense reimbursement procedures or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within time limits established by City.

City agrees to pay the professional dues and subscriptions on behalf of Acting Administrator which are necessary for Acting Administrator’s continuation or full participation in international, national, regional, state, or local associations and organizations necessary and EXHIBIT A ATTACHMENT 2











 


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