CITY COUNCIL: AGENDA & MINUTES May 2010

AGENDA
Regular Meeting
Tuesday, May 4, 2010
4:30 p.m., Open Session

Live video streaming available at:
www.ci.carmel.ca.us

Broadcast date
Sunday, May 9, 2010
8:00 a.m., KMST Channel 26

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Hearing assistance units are available to the public for meetings held in the Council Chambers

The City Council welcomes your interest and participation. If you want to speak on an agenda item during its review, you may do so when the Mayor opens the item for public comment. Persons are not required to give their names but it is helpful in order that the City Clerk may identify them in the minutes of the meeting. Please keep remarks to a maximum of three (3) minutes, or as otherwise established by the City Council. Always speak into the microphone, as the meeting is recorded on tape.

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Extraordinary Business
A. Presentation of certificate of recognition to Emma Finch, Carmel
Middle School student and Monterey County Spelling Bee champion.

B. Presentation of a check to the City from the Big Sur International
Marathon.

C. Appreciation of Gerard Rose for his decade of service to the City.

D. Appreciation of volunteer poll workers for the April 13 City election.

E. Recognition of Melissa Webster as the “2009 Police Support Person of the Year”.

V. Announcements from Closed Session, from City Council Members and the City Administrator
A. Announcements from Closed Session

B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

C. Announcements from the Mayor.

D. Announcements from City Administrator
1. Receive presentation on the Carmel Beach canine education and enforcement program.

VI. Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded on tape.

VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
A. Ratify the minutes for the regular meeting of April 6, 2010.

B. Ratify the minutes for the special meeting of April 20, 2010.

C. Ratify the minutes from the special meeting of April 27, 2010.

D. Ratify the bills paid for the month of April 2010.

E. Consideration of a Resolution approving the use of the Sunset Center
Theater, Lobby and Patio by The Carmel Foundation in September 2010 for its annual meeting from 4:00 p.m.-6:00 p.m.

F. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account to support the Carmel Unified Youth Baseball program.

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
A. None.

IX. Ordinances
A. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).

B. Consideration of an Ordinance amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority. (First reading).

X. Resolutions
A. Consideration of a Resolution approving a Joint Powers Agreement to
establish the Monterey County Regional Taxi Authority.

XI. Orders of Council
A. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. Adjournment
The next meetings of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, June 8, 2010 *
Council Chambers
*Please note this meeting is the second Tuesday of the month due to the Memorial Day holiday falling on the day preceding the first Tuesday.

Special Council Meeting: Budget Workshop – 4:30 p.m.
Thursday, May 20, 2010
Council Chambers

Special Council Meeting: Budget Workshop – 4:30 p.m.
Thursday, May 27, 2010
Council Chambers

Additional budget meetings in June may be scheduled, as needed.

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities.

Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929. The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need
assistance, please advise Heidi Burch as to which item you wish to comment on and the microphone will be brought to you.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 4, 2010

I. CALL TO ORDER
The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:37 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
Mike Calhoun, Police Commander
Sean Conroy, Planning and Building Services Manager

III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS
A. Presentation of certificate of recognition to Emma Finch, Carmel
Middle School student and Monterey County Spelling Bee champion.
Mayor McCloud presented a certificate and City pin to Emma Finch.

B. Presentation of a check to the City from the Big Sur International Marathon.
Hugo Ferlito, chairman of the Big Sur International Marathon, presented the City with a check for $750 earmarked for the Mayor’s Youth Fund.

C. Appreciation of Gerard Rose for his decade of service to the City.
Mayor McCloud presented Gerard Rose with a plaque of appreciation and letter stating the City’s intent to donate $250 in his name to the Carmel Youth Center.

D. Appreciation of volunteer poll workers for the April 13 City election.
Mayor McCloud presented certificates of appreciation to the members of the Carmel Host Lions and two other individuals who served as volunteers poll workers.

E. Recognition of Melissa Webster as the “2009 Police Support Person of the
Year”.
Commander Mike Calhoun presented Melissa Webster with a certificate of recognition.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported that Council met in Closed Session on
Monday, May 3, 2010. Council took action to deny an offer of sale of an
easement or sale of the Scout House in its entirety.

There were no announcements for the public in three matters of ongoing
litigations (Miller, Flanders and Mandurrago).

In a fourth matter of litigation, however, Council took action to join with cities of Monterey and Seaside to retain the Santa Barbara law firm Brownstein, Hyatt, Farber & Schreck related to the issue of water rationing. He said it is anticipated that the court will hear this matter by the end of this year.

B. Announcements from City Council members.
Assistant City Administrator Heidi Burch gave a Census 2010 update.

Mayor McCloud announced the appointment of Paula Hazdovac as Mayor Pro
Tempore.

Council Member Burnett encouraged residents to fill out Census forms he said it means between $3,000 to $30,000 per person in additional funding to the City and County over the next 10 years.

C. Announcements from City Administrator
1. Receive presentation on the Carmel Beach canine education and
enforcement program.

Commander Mike Calhoun presented the report on the canine education and
enforcement program.

City Administrator Rich Guillen reminded the Council and public that budget questions are due by 5:00 p.m. Wednesday, May 5th.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:10 p.m.
Richard Flower, from the Carmel Residents Association, gave his observations about the recent election. He praised City staff and the volunteer precinct workers, but said he felt the consultant, Martin & Chapman, provided inadequate training and support.

Carolina Bayne addressed Council regarding home delivery of mail and
identification of home addresses.

Carolyn Hardy addressed election costs, including the amount of staff time
dedicated to the process.

Rebecca Knight spoke about the public release of the 2nd Avenue geotechnical study.

Bob Jenkins addressed Earth Day activities.

Monta Potter, CEO of the Carmel Chamber of Commerce, said Pine Cone
reporter Mary Brownfield received a Chamber award at the organization’s Annual Membership Luncheon held earlier that day. Brownfield was congratulated by each of the Council members.

Barbara Livingston asked whether Council members read the agendas from the various boards and commissions.

Mayor McCloud closed the meeting to public comment at 5:31 p.m.

Council Member Talmage suggested that, in light of public comments, an afteraction evaluation of the election should be done.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of April 6, 2010.

B. Ratify the minutes for the special meeting of April 20, 2010.

C. Ratify the minutes from the special meeting of April 27, 2010.

D. Ratify the bills paid for the month of April 2010.

E. Consideration of a Resolution approving the use of the Sunset Center Theater, Lobby and Patio by The Carmel Foundation in September 2010 for its annual meeting from 4:00 p.m.-6:00 p.m.

F. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account to support the Carmel Unified Youth Baseball program.

Mayor McCloud said that Item “F” would be continued to next month.

Council Member Burnett pulled items “A” and “B” for a separate motion as he was not on the Council for the April 6 and 20th meetings and, therefore, could not vote on theapproval of the minutes.

Mayor McCloud opened and closed the meeting to public comment at 5:37 p.m.

Council Member HAZDOVAC moved to approve Consent Agenda Items C, D and E,
seconded by Council Member SHARP and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; BURNETT; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

Council Member TALMAGE moved to approve Consent Agenda Items A and B, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: BURNETT

IX. ORDINANCES
IX-B Consideration of an Ordinance amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority. (First reading)

X-A Consideration of a Resolution approving a Joint Powers Agreement to
establish the Monterey County Regional Taxi Authority.

Items IX. B. and X.A. were heard out of order to accommodate the schedule of Debbie Hale, the executive director of the Transportation Agency for Monterey County. The two items were heard together because they were related.

Commander Mike Calhoun presented an overview of the taxi ordinance and the resolution.

Debbie Hale presented the report on the taxi ordinance and the resolution regarding the Taxi Authority JPA.

Mayor McCloud opened the meeting to public comment at 5:52 p.m.

Taxi driver Dmitri Gourleyev, Lawson Little, president of Quail Lodge, Barbara Livingston, and Janine Chicourrat addressed the Council.

Mayor McCloud closed the meeting to public comment at 5:58 p.m.

Council Member HAZDOVAC moved to approve the first reading of an Ordinance amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

Council Member HAZDOVAC then moved to approve a Resolution approving a Joint Powers Agreement to establish the Monterey County Regional Taxi Authority, also seconded by Council Member TALMAGE, and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

IX-A Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:08 p.m.

Allison Pratt Shelling, Monte Miller, Carl Iverson, Anne Bell, and Suzanne Paboojian addressed Council.

Mayor McCloud closed the meeting to public comment at 6:21 p.m.

Council Member TALMAGE moved to approve the first reading of an Ordinance
amending the Mills Act program found in the Historic Preservation Ordinance, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

Council Member Talmage requested staff to draft a Resolution for Council consideration that would place an approval cap of three Mills Act contracts per calendar year for residential properties and would require City Council to evaluate the success of the Mills Act program after five years.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:52 p.m.

Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD
6

CITY COUNCIL: Check Register May 2010

City of Carmel-by-the-Sea
May 2010 Check Register

74671 5/6/2010 AFLAC $1,134.97 21160 INSURANCE PREM. PAID BY EE'S
74671 5/6/2010 AFLAC $347.66 21160 INSURANCE PREM. PAID BY EE'S
74717 5/21/2010 AFLAC $1,134.97 21160 INSURANCE PREM. PAID BY EE'S
74717 5/21/2010 AFLAC $347.66 21160 INSURANCE PREM. PAID BY EE'S
120194 5/11/2010 AFLAC $10.00 64017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $5.00 69017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $10.00 72017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $30.00 74017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $5.00 76017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $25.00 84017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $10.00 64017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $5.00 69017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $10.00 72017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $30.00 74017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $5.00 76017 MEDICAL PROGRAM
120194 5/11/2010 AFLAC $25.00 84017 MEDICAL PROGRAM
AFLAC Total $3,135.26

74656 5/6/2010 AIG SunAmerica Life $854.16 01 21150 DEFERRED COMP
74704 5/21/2010 AIG SunAmerica Life $854.16 21150 DEFERRED COMP
AIG SunAmerica Life Total $1,708.32

120027 5/4/2010 AILING HOUSE PEST CONTROL $165.00 78050 OUTSIDE LABOR
120282 5/25/2010 AILING HOUSE PEST CONTROL $60.00 70050 OUTSIDE LABOR
120282 5/25/2010 AILING HOUSE PEST CONTROL $50.00 70050 OUTSIDE LABOR
120282 5/25/2010 AILING HOUSE PEST CONTROL $40.00 70050 OUTSIDE LABOR
120282 5/25/2010 AILING HOUSE PEST CONTROL $44.00 70050 OUTSIDE LABOR
120282 5/25/2010 AILING HOUSE PEST CONTROL $80.00 70050 OUTSIDE LABOR
120282 5/25/2010 AILING HOUSE PEST CONTROL $50.00 70050 OUTSIDE LABOR
AILING HOUSE PEST CONTROL Total $489.00

120195 5/11/2010 ALHAMBRA $39.92 64053 CONTRACTUAL SERVICES
120195 5/11/2010 ALHAMBRA $39.92 64053 CONTRACTUAL SERVICES
ALHAMBRA Total $79.84

120028 5/4/2010 ALWAYS UNDER PRESSURE $364.50 76050 OUTSIDE LABOR
120028 5/4/2010 ALWAYS UNDER PRESSURE $1,425.53 76050 OUTSIDE LABOR
ALWAYS UNDER PRESSURE Total $1,790.03

120029 5/4/2010 ANDON LAUNDRY SERVICE $418.50 72053 CONTRACTUAL SERVICES
120196 5/11/2010 ANDON LAUNDRY SERVICE $318.75 72053 CONTRACTUAL SERVICES
120196 5/11/2010 ANDON LAUNDRY SERVICE $318.75 72053 CONTRACTUAL SERVICES
ANDON LAUNDRY SERVICE Total $1,056.00

120197 5/11/2010 ANTHEM BLUE CROSS $1,088.23 69017 MEDICAL PROGRAM
120197 5/11/2010 ANTHEM BLUE CROSS $1,088.23 69017 MEDICAL PROGRAM
ANTHEM BLUE CROSS Total $2,176.46

120030 5/4/2010 AT&T $66.76 65053 CONTRACTUAL SERVICES
AT&T Total $66.76
120247 5/11/2010 AT&T/MCI $816.16 64036 TELEPHONE
120247 5/11/2010 AT&T/MCI $531.40 65049 EQUIPMENT MAINTENANCE
120247 5/11/2010 AT&T/MCI $218.90 69036 TELEPHONE
120247 5/11/2010 AT&T/MCI $376.19 72036 TELEPHONE
120247 5/11/2010 AT&T/MCI $471.54 74036 TELEPHONE
120247 5/11/2010 AT&T/MCI $109.93 74036 TELEPHONE
120247 5/11/2010 AT&T/MCI $138.31 76036 TELEPHONE
120247 5/11/2010 AT&T/MCI $15.80 82036 TELEPHONE
120247 5/11/2010 AT&T/MCI $15.82 60 81036 TELEPHONE
AT&T/MCI Total $2,694.05

120031 5/4/2010 AURUM CONS. ENG MTRY BAY $1,885.00 89432 PD/YTH CTR GENERATOR
AURUM CONS. ENG MTRY BAY Total $1,885.00

120199 5/11/2010 BELLINGER FOSTER STEINMETZ $2,600.00 64051 PROFESSIONAL SERVICES
120199 5/11/2010 BELLINGER FOSTER STEINMETZ $2,600.00 64051 PROFESSIONAL SERVICES
BELLINGER FOSTER STEINMETZ Total $5,200.00

120032 5/4/2010 BRINTON'S $24.91 78045 MATERIAL/SUPPLIES
120032 5/4/2010 BRINTON'S $3.69 76045 MATERIALS/SUPPLIES
120032 5/4/2010 BRINTON'S $4.86 78045 MATERIAL/SUPPLIES
120032 5/4/2010 BRINTON'S $44.52 78045 MATERIAL/SUPPLIES
120032 5/4/2010 BRINTON'S $24.91 78045 MATERIAL/SUPPLIES
120032 5/4/2010 BRINTON'S $3.69 76045 MATERIALS/SUPPLIES
120032 5/4/2010 BRINTON'S $4.86 78045 MATERIAL/SUPPLIES
120032 5/4/2010 BRINTON'S $44.52 78045 MATERIAL/SUPPLIES
BRINTON'S Total $155.96

120033 5/4/2010 BROADWAY LOCKSMITH $90.83 70050 OUTSIDE LABOR
120033 5/4/2010 BROADWAY LOCKSMITH $90.83 70050 OUTSIDE LABOR
BROADWAY LOCKSMITH Total $181.66

120200 5/11/2010 BURGHARDT-DORE ADVERTISING, INC. $1,052.50 85200 REGIONAL DESTINATION MARKETING
120200 5/11/2010 BURGHARDT-DORE ADVERTISING, INC. $1,052.50 85200 REGIONAL DESTINATION MARKETING
120200 5/11/2010 BURGHARDT-DORE ADVERTISING, INC. $560.13 85200 REGIONAL DESTINATION MARKETING
120200 5/11/2010 BURGHARDT-DORE ADVERTISING, INC. $1,265.50 85200 REGIONAL DESTINATION MARKETING
120200 5/11/2010 BURGHARDT-DORE ADVERTISING, INC. $1,265.50 85200 REGIONAL DESTINATION MARKETING
BURGHARDT-DORE ADVERTISING, INC. Total $5,196.13

120283 5/25/2010 CAL-AM WATER COMPANY $116.57 64026 UTILITIES
120283 5/25/2010 CAL-AM WATER COMPANY $3,430.36 70026 UTILITIES
120283 5/25/2010 CAL-AM WATER COMPANY $149.57 72026 UTILITIES
120283 5/25/2010 CAL-AM WATER COMPANY $118.32 74026 UTILITIES
120283 5/25/2010 CAL-AM WATER COMPANY $2,092.30 76026 UTILITIES
120283 5/25/2010 CAL-AM WATER COMPANY $78.27 60 81026 UTILITIES
120283 5/25/2010 CAL-AM WATER COMPANY $12.18 82026 UTILITIES
120283 5/25/2010 CAL-AM WATER COMPANY $246.13 84026 UTILITIES
CAL-AM WATER COMPANY Total $6,243.70

120254 5/18/2010 CALTRONICS BUSINESS SYSTEMS $4,712.12 69042 OFFICE MACHINE SUPPLIES
CALTRONICS BUSINESS SYSTEMS Total $4,712.12

120036 5/4/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
120036 5/4/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
120203 5/11/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
120203 5/11/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
120203 5/11/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
120203 5/11/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
120255 5/18/2010 CARMEL FIRE PROTCTN ASSOC $100.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
120255 5/18/2010 CARMEL FIRE PROTCTN ASSOC $50.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
CARMEL FIRE PROTCTN ASSOC Total $1,200.00

120256 5/18/2010 CARMEL LAUNDRY $11.75 74050 OUTSIDE LABOR
CARMEL LAUNDRY Total $11.75

120034 5/4/2010 CARMEL PINE CONE $149.94 64040 ADVERTISING
120034 5/4/2010 CARMEL PINE CONE $149.94 64040 ADVERTISING
120201 5/11/2010 CARMEL PINE CONE $229.08 69040 ADVERTISING
120201 5/11/2010 CARMEL PINE CONE $229.08 69040 ADVERTISING
CARMEL PINE CONE Total $758.04

74657 5/6/2010 CARMEL POLICE OFFICERS $332.50 01 21290 UNION DUES PAYABLE
74705 5/21/2010 CARMEL POLICE OFFICERS $332.50 21290 UNION DUES PAYABLE
CARMEL POLICE OFFICERS Total $665.00

74675 5/6/2010 CARMEL PROF FF EXPENSES $180.00 21290 UNION DUES PAYABLE
CARMEL PROF FF EXPENSES Total $180.00

74674 5/6/2010 CARMEL PROF FIREFIGHTERS $900.00 21290 UNION DUES PAYABLE
120204 5/11/2010 CARMEL PROF FIREFIGHTERS $19.95 64030 TRAINING/PERSONAL EXP.
120204 5/11/2010 CARMEL PROF FIREFIGHTERS $19.95 64030 TRAINING/PERSONAL EXP.
CARMEL PROF FIREFIGHTERS Total $939.90

120035 5/4/2010 CARMEL RGN'L FIRE AMBULNC $1,091.85 67023 PART-TIME ASSISTANCE
120035 5/4/2010 CARMEL RGN'L FIRE AMBULNC $1,091.85 67023 PART-TIME ASSISTANCE
CARMEL RGN'L FIRE AMBULNC Total $2,183.70

120206 5/11/2010 CARMEL TOWING & GARAGE $17.29 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $19.92 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $20.48 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $18.59 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $19.59 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $15.14 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $17.29 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $19.92 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $20.48 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $18.59 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $19.59 76046 FUEL
120206 5/11/2010 CARMEL TOWING & GARAGE $15.14 76046 FUEL
CARMEL TOWING & GARAGE Total $222.02

74658 5/6/2010 CARMEL VOLUNTEER FIRE DEP $227.77 01 21290 UNION DUES PAYABLE
CARMEL VOLUNTEER FIRE DEP Total $227.77

120202 5/11/2010 CARMEL YOUTH CENTER, INC. $250.00 60207 COUNCIL DISCRETIONARY
120202 5/11/2010 CARMEL YOUTH CENTER, INC. $250.00 60207 COUNCIL DISCRETIONARY
CARMEL YOUTH CENTER, INC. Total $500.00

74673 5/6/2010 CARMEL-BY-THE-SEA $797.76 21285 LIUNA SUPPL EE RETIREMENT
74684 5/13/2010 CARMEL-BY-THE-SEA $93.60 21285 LIUNA SUPPL EE RETIREMENT
74718 5/21/2010 CARMEL-BY-THE-SEA $856.62 21285 LIUNA SUPPL EE RETIREMENT
CARMEL-BY-THE-SEA Total $1,747.98

120205 5/11/2010 CARVER + SCHICKETANZ ARCH $667.55 89430 BEACH RESTROOMS ON SCENIC DR
120205 5/11/2010 CARVER + SCHICKETANZ ARCH $667.55 89430 BEACH RESTROOMS ON SCENIC DR
120284 5/25/2010 CARVER + SCHICKETANZ ARCH $3,199.29 89430 BEACH RESTROOMS ON SCENIC DR
CARVER + SCHICKETANZ ARCH Total $4,534.39

120207 5/11/2010 CCMF $400.00 64033 DUES/MEMBERSHIPS
120207 5/11/2010 CCMF $400.00 64033 DUES/MEMBERSHIPS
CCMF Total $800.00

120208 5/11/2010 CDW-G GOVERNMENT INC. $128.81 65042 OFFICE MACHINE SUPPLIES
120208 5/11/2010 CDW-G GOVERNMENT INC. $128.81 65042 OFFICE MACHINE SUPPLIES
120257 5/18/2010 CDW-G GOVERNMENT INC. $829.70 65053 CONTRACTUAL SERVICES
CDW-G GOVERNMENT INC. Total $1,087.32

120037 5/4/2010 CEMEX $153.07 76045 MATERIALS/SUPPLIES
120037 5/4/2010 CEMEX $153.07 76045 MATERIALS/SUPPLIES
CEMEX Total $306.14

120038 5/4/2010 CENTRAL WHOLESALE ELEC. D $861.67 70045 MATERIAL/SUPPLIES
120038 5/4/2010 CENTRAL WHOLESALE ELEC. D $2,966.05 70045 MATERIAL/SUPPLIES
120038 5/4/2010 CENTRAL WHOLESALE ELEC. D $861.67 70045 MATERIAL/SUPPLIES
120038 5/4/2010 CENTRAL WHOLESALE ELEC. D $2,966.05 70045 MATERIAL/SUPPLIES
CENTRAL WHOLESALE ELEC. D Total $7,655.44

120209 5/11/2010 CIRCA:HISTORIC PROPTY DEV $202.50 50 24050 DUNBAR/115 20/010158011
120209 5/11/2010 CIRCA:HISTORIC PROPTY DEV $202.50 50 24050 DUNBAR/115 20/010158011
CIRCA:HISTORIC PROPTY DEV Total $405.00

74672 5/6/2010 CITY OF CARMEL-BY-THE-SEA $9,764.25 21280 SECT 125 - CITY OF CARMEL
74683 5/13/2010 CITY OF CARMEL-BY-THE-SEA $256.05 21280 SECT 125 - CITY OF CARMEL
CITY OF CARMEL-BY-THE-SEA Total $10,020.30

74669 5/6/2010 CITY OF CARMEL-SECT. 125 $208.33 21280 SECT 125 - CITY OF CARMEL
74670 5/6/2010 CITY OF CARMEL-SECT. 125 $824.98 21280 SECT 125 - CITY OF CARMEL
74715 5/21/2010 CITY OF CARMEL-SECT. 125 $208.33 21280 SECT 125 - CITY OF CARMEL
74716 5/21/2010 CITY OF CARMEL-SECT. 125 $856.23 21280 SECT 125 - CITY OF CARMEL
CITY OF CARMEL-SECT. 125 Total $2,097.87

120039 5/4/2010 CITY OF MARINA $211.34 74050 OUTSIDE LABOR
120039 5/4/2010 CITY OF MARINA $211.34 74050 OUTSIDE LABOR
CITY OF MARINA Total $422.68

120210 5/11/2010 CITY OF MONTEREY $13,500.00 72053 CONTRACTUAL SERVICES
120210 5/11/2010 CITY OF MONTEREY $187.50 76049 EQUIPMENT MAINTENANCE
120210 5/11/2010 CITY OF MONTEREY $13,500.00 72053 CONTRACTUAL SERVICES
120210 5/11/2010 CITY OF MONTEREY $187.50 76049 EQUIPMENT MAINTENANCE
CITY OF MONTEREY Total $27,375.00

120211 5/11/2010 CITY OF PACIFIC GROVE $95.32 74095 OPERATIONAL SERVICES/SUPPLIESINC
120211 5/11/2010 CITY OF PACIFIC GROVE $95.32 74095 OPERATIONAL SERVICES/SUPPLIESINC
CITY OF PACIFIC GROVE Total $190.64

120212 5/11/2010 CLASSIC CATERING $910.92 60073 OFFICIAL PUBLIC MEETINGS
CLASSIC CATERING Total $910.92

120040 5/4/2010 COASTAL HEALTHCARE $109.60 70017 MEDICAL PROGRAM
120040 5/4/2010 COASTAL HEALTHCARE $614.00 64017 MEDICAL PROGRAM
120040 5/4/2010 COASTAL HEALTHCARE $109.60 70017 MEDICAL PROGRAM
120040 5/4/2010 COASTAL HEALTHCARE $614.00 64017 MEDICAL PROGRAM
120213 5/11/2010 COASTAL HEALTHCARE $140.00 76017 MEDICAL PROGRAM
COASTAL HEALTHCARE Total $1,587.20

120285 5/25/2010 COMCAST $164.95 65053 CONTRACTUAL SERVICES
COMCAST Total $164.95

120258 5/18/2010 COMMUNITY HOSPITAL OF THE $60.00 74053 CONTRACTUAL SERVICES
COMMUNITY HOSPITAL OF THE Total $60.00

120215 5/11/2010 CONNEY SAFETY PRODUCTS $301.19 76057 SAFETY EQUIPMENT
CONNEY SAFETY PRODUCTS Total $301.19

120041 5/4/2010 CONTE'S GENERATOR SERVICE $69.04 70045 MATERIAL/SUPPLIES
120041 5/4/2010 CONTE'S GENERATOR SERVICE $69.04 70045 MATERIAL/SUPPLIES
CONTE'S GENERATOR SERVICE Total $138.08

120216 5/11/2010 COPIES BY-THE-SEA $137.01 69039 PRINTING
120216 5/11/2010 COPIES BY-THE-SEA $232.95 64039 PRINTING
120216 5/11/2010 COPIES BY-THE-SEA $8.66 69039 PRINTING
120216 5/11/2010 COPIES BY-THE-SEA $117.95 78039 PRINTING
COPIES BY-THE-SEA Total $496.57

120042 5/4/2010 CORBIN WILLITS SYSTEM $690.79 65053 CONTRACTUAL SERVICES
120042 5/4/2010 CORBIN WILLITS SYSTEM $690.79 65053 CONTRACTUAL SERVICES
CORBIN WILLITS SYSTEM Total $1,381.58

120043 5/4/2010 CSAC EXCESS INS AUTHORITY $2,397.30 67425 LIABILITY INS & RISK MGT
120043 5/4/2010 CSAC EXCESS INS AUTHORITY $532.50 67425 LIABILITY INS & RISK MGT
120043 5/4/2010 CSAC EXCESS INS AUTHORITY $2,397.30 67425 LIABILITY INS & RISK MGT
120043 5/4/2010 CSAC EXCESS INS AUTHORITY $532.50 67425 LIABILITY INS & RISK MGT
CSAC EXCESS INS AUTHORITY Total $5,859.60

120217 5/11/2010 CYPRESS COAST FORD L/M $1,904.60 76049 EQUIPMENT MAINTENANCE
CYPRESS COAST FORD L/M Total $1,904.60

120044 5/4/2010 CYPRESS COAST PHYSICAL THERAPY I $175.00 67170 ERGONOMIC STUDIES/MODIFICATION
CYPRESS COAST PHYSICAL THERAPY I Total $175.00

120045 5/4/2010 DADIW ASSOCIATES $5,000.00 64053 CONTRACTUAL SERVICES
DADIW ASSOCIATES Total $5,000.00

120046 5/4/2010 DAVE'S REPAIR SERVICE $507.42 76049 EQUIPMENT MAINTENANCE
120046 5/4/2010 DAVE'S REPAIR SERVICE $80.00 76050 OUTSIDE LABOR
DAVE'S REPAIR SERVICE Total $587.42

120047 5/4/2010 DEPARTMENT OF JUSTICE $17.00 74050 OUTSIDE LABOR
120259 5/18/2010 DEPARTMENT OF JUSTICE $102.00 50 24050 DEPT OF JUSTICE LIVESCAN FEE
DEPARTMENT OF JUSTICE Total $119.00

120050 5/4/2010 DEWEY D. EVANS $200.00 63053 CONTRACTUAL SERVICES
120261 5/18/2010 DEWEY D. EVANS $2,000.00 64053 CONTRACTUAL SERVICES
DEWEY D. EVANS Total $2,200.00

120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $150.00 74053 CONTRACTUAL SERVICES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $322.41 74054 EQUIPMENT/SUPPLIES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $150.00 74053 CONTRACTUAL SERVICES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $159.98 74054 EQUIPMENT/SUPPLIES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $72.22 74050 OUTSIDE LABOR
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $150.00 74053 CONTRACTUAL SERVICES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $537.51 74054 EQUIPMENT/SUPPLIES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR ($1,226.00) 74054 EQUIPMENT/SUPPLIES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $159.98 74054 EQUIPMENT/SUPPLIES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $72.22 74050 OUTSIDE LABOR
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $150.00 74053 CONTRACTUAL SERVICES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR $537.51 74054 EQUIPMENT/SUPPLIES
120286 5/25/2010 DIGITAL PAYMENT TECHNOLOGIES COR ($1,226.00) 74054 EQUIPMENT/SUPPLIES
DIGITAL PAYMENT TECHNOLOGIES COR Total $9.83

120048 5/4/2010 DOCUTEC $338.61 65042 OFFICE MACHINE SUPPLIES
120260 5/18/2010 DOCUTEC $245.47 74050 OUTSIDE LABOR
120287 5/25/2010 DOCUTEC $95.00 69049 EQUIPMENT MAINTENANCE
120287 5/25/2010 DOCUTEC $95.00 69049 EQUIPMENT MAINTENANCE
DOCUTEC Total $774.08

120288 5/25/2010 DONALD J. JACOBS $4,206.01 76045 MATERIALS/SUPPLIES
120288 5/25/2010 DONALD J. JACOBS $4,206.01 76045 MATERIALS/SUPPLIES
DONALD J. JACOBS Total $8,412.02

120218 5/11/2010 DROUGHT RESISTANT NURSERY $204.11 76045 MATERIALS/SUPPLIES
DROUGHT RESISTANT NURSERY Total $204.11

74668 5/6/2010 EFTPS $23,417.02 21010 FIT
74668 5/6/2010 EFTPS $1,302.78 21020 FICA/MEDICARE
74668 5/6/2010 EFTPS $5,007.66 21020 FICA/MEDICARE
74682 5/13/2010 EFTPS $320.60 21010 FIT
74682 5/13/2010 EFTPS ($2.98) 21020 FICA/MEDICARE
74682 5/13/2010 EFTPS $125.86 21020 FICA/MEDICARE
74714 5/21/2010 EFTPS $26,948.70 21010 FIT
74714 5/21/2010 EFTPS $1,421.56 21020 FICA/MEDICARE
74714 5/21/2010 EFTPS $5,416.84 21020 FICA/MEDICARE
EFTPS Total $63,958.04

120049 5/4/2010 ELECTRICAL DIST. COMPANY $9.62 70045 MATERIAL/SUPPLIES
120049 5/4/2010 ELECTRICAL DIST. COMPANY $34.21 70045 MATERIAL/SUPPLIES
120219 5/11/2010 ELECTRICAL DIST. COMPANY $123.77 70045 MATERIAL/SUPPLIES
120219 5/11/2010 ELECTRICAL DIST. COMPANY $9.58 70045 MATERIAL/SUPPLIES
120289 5/25/2010 ELECTRICAL DIST. COMPANY $123.77 70045 MATERIAL/SUPPLIES
120289 5/25/2010 ELECTRICAL DIST. COMPANY $123.77 70045 MATERIAL/SUPPLIES
ELECTRICAL DIST. COMPANY Total $424.72

74659 5/6/2010 EMPLOYMENT DEV. DEPT. $8,368.82 01 21030 SIT
74679 5/13/2010 EMPLOYMENT DEV. DEPT. $99.47 21030 SIT
74707 5/21/2010 EMPLOYMENT DEV. DEPT. $9,780.37 21030 SIT
EMPLOYMENT DEV. DEPT. Total $18,248.66

120290 5/25/2010 EMPLOYMENT DEVELOPMENT $1,000.00 72022 UNEMPLOYMENT
120290 5/25/2010 EMPLOYMENT DEVELOPMENT $1,000.00 72022 UNEMPLOYMENT
EMPLOYMENT DEVELOPMENT Total $2,000.00

120291 5/25/2010 FEDEX $171.73 64300 ELECTION
120291 5/25/2010 FEDEX $171.73 64300 ELECTION
FEDEX Total $343.46

120220 5/11/2010 FERGUSON ENTERPRISES,INC.#679 $142.49 70045 MATERIAL/SUPPLIES
FERGUSON ENTERPRISES,INC.#679 Total $142.49

120051 5/4/2010 GALLI UNIFORM COMPANY $141.92 74031 CLOTHING EXPENSE
120262 5/18/2010 GALLI UNIFORM COMPANY $210.69 74031 CLOTHING EXPENSE
GALLI UNIFORM COMPANY Total $352.61

120263 5/18/2010 GATES TREE SERVICE, INC. $475.00 78050 OUTSIDE LABOR
GATES TREE SERVICE, INC. Total $475.00

120292 5/25/2010 GRANICUS, INC. $521.90 50 24050 PUBLIC EDUC./GOVT ACCESS(PEG)
120292 5/25/2010 GRANICUS, INC. $521.90 50 24050 PUBLIC EDUC./GOVT ACCESS(PEG)
GRANICUS, INC. Total $1,043.80

120052 5/4/2010 GRANITE ROCK COMPANY $494.13 76045 MATERIALS/SUPPLIES
120052 5/4/2010 GRANITE ROCK COMPANY $43.62 76054 TOOLS/EQUIPMENT
120052 5/4/2010 GRANITE ROCK COMPANY $1,227.42 50 24050 PARK BENCHES
120052 5/4/2010 GRANITE ROCK COMPANY ($5.44) 76045 MATERIALS/SUPPLIES
120052 5/4/2010 GRANITE ROCK COMPANY ($61.38) 50 24050 PARK BENCHES
GRANITE ROCK COMPANY Total $1,698.35

120221 5/11/2010 GREEN VALLEY LANDSCAPE INC. $1,245.33 78053 CONTRACTUAL SERVICES
GREEN VALLEY LANDSCAPE INC. Total $1,245.33

120053 5/4/2010 HACIENDA HAY AND FEED $192.69 76045 MATERIALS/SUPPLIES
HACIENDA HAY AND FEED Total $192.69

120223 5/11/2010 HARRINGTON, BRIAN $36.00 72600 EMERGENCY RESPONSE TRAINING
HARRINGTON, BRIAN Total $36.00

120264 5/18/2010 HIGHWAY TECHNOLOGIES $343.55 76045 MATERIALS/SUPPLIES
HIGHWAY TECHNOLOGIES Total $343.55

120293 5/25/2010 HINDERLITER, DE LLAMAS $975.00 67053 CONTRACTUAL SERVICES
120293 5/25/2010 HINDERLITER, DE LLAMAS $975.00 67053 CONTRACTUAL SERVICES
HINDERLITER, DE LLAMAS Total $1,950.00

120224 5/11/2010 HOME DEPOT/GECF $57.80 70045 MATERIAL/SUPPLIES
120224 5/11/2010 HOME DEPOT/GECF $21.74 70045 MATERIAL/SUPPLIES
120224 5/11/2010 HOME DEPOT/GECF $127.76 70045 MATERIAL/SUPPLIES
120224 5/11/2010 HOME DEPOT/GECF $57.35 70045 MATERIAL/SUPPLIES
120224 5/11/2010 HOME DEPOT/GECF $57.35 70045 MATERIAL/SUPPLIES
HOME DEPOT/GECF Total $322.00

120225 5/11/2010 IKON FINANCIAL SERVICES $1,337.35 88822 COPIER LEASE
120225 5/11/2010 IKON FINANCIAL SERVICES $1,337.35 88822 COPIER LEASE
IKON FINANCIAL SERVICES Total $2,674.70
120054 5/4/2010 IKON OFFICE SOLUTIONS $282.29 64053 CONTRACTUAL SERVICES
120265 5/18/2010 IKON OFFICE SOLUTIONS $553.89 61034 DOCUMENTS/PUBLICATIONS
120265 5/18/2010 IKON OFFICE SOLUTIONS $836.61 61034 DOCUMENTS/PUBLICATIONS
120294 5/25/2010 IKON OFFICE SOLUTIONS $21.61 72053 CONTRACTUAL SERVICES
120294 5/25/2010 IKON OFFICE SOLUTIONS $21.61 72053 C
IKON OFFICE SOLUTIONS Total $1,716.01

120266 5/18/2010 IMAGE SALES $15.05 74039 PRINTING
IMAGE SALES Total $15.05

120267 5/18/2010 INTERSPIRO, INC. $12.46 72057 SAFETY EQUIPMENT
INTERSPIRO, INC. Total $12.46

120055 5/4/2010 IVERSON TREE SERVICE $2,300.00 78050 OUTSIDE LABOR
IVERSON TREE SERVICE Total $2,300.00

120241 5/11/2010 JAMES PERRY $341.25 50 24050 LOCAL HISTORY DEPT DONATIONS
JAMES PERRY Total $341.25

120278 5/18/2010 JAN ROEHL $2,550.00 64051 PROFESSIONAL SERVICES
JAN ROEHL Total $2,550.00

120056 5/4/2010 JNM AUTOMATION $758.31 70050 OUTSIDE LABOR
JNM AUTOMATION Total $758.31

120057 5/4/2010 JOHN LEY'S TREE SERVICE $2,000.00 78050 OUTSIDE LABOR
120057 5/4/2010 JOHN LEY'S TREE SERVICE $325.00 78050 OUTSIDE LABOR
120057 5/4/2010 JOHN LEY'S TREE SERVICE $138.56 78045 MATERIAL/SUPPLIES
120268 5/18/2010 JOHN LEY'S TREE SERVICE $560.00 78050 OUTSIDE LABOR
120268 5/18/2010 JOHN LEY'S TREE SERVICE $1,440.00 78050 OUTSIDE LABOR
JOHN LEY'S TREE SERVICE Total $4,463.56

120226 5/11/2010 KELLY-MOORE PAINT CO, INC $141.97 70045 MATERIAL/SUPPLIES
120226 5/11/2010 KELLY-MOORE PAINT CO, INC $141.97 70045 MATERIAL/SUPPLIES
KELLY-MOORE PAINT CO, INC Total $283.94

120269 5/18/2010 KENNEDY, ARCHER & HARRAY $4,443.80 61051 PROFESSIONAL SERVICES
120269 5/18/2010 KENNEDY, ARCHER & HARRAY $282.00 61051 PROFESSIONAL SERVICES
120269 5/18/2010 KENNEDY, ARCHER & HARRAY $22,260.45 61051 PROFESSIONAL SERVICES
KENNEDY, ARCHER & HARRAY Total $26,986.25

120058 5/4/2010 KNAPP MILL & CABINET CO. $109.92 76045 MATERIALS/SUPPLIES
120058 5/4/2010 KNAPP MILL & CABINET CO. ($10.99) 76045 MATERIALS/SUPPLIES
120227 5/11/2010 KNAPP MILL & CABINET CO. $171.25 70045 MATERIAL/SUPPLIES
120227 5/11/2010 KNAPP MILL & CABINET CO. $171.25 70045 MATERIAL/SUPPLIES
KNAPP MILL & CABINET CO. Total $441.43

120059 5/4/2010 L.C. ACTION POLICE SUPPLY $709.02 74057 SAFETY EQUIPMENT
120059 5/4/2010 L.C. ACTION POLICE SUPPLY $83.07 74057 SAFETY EQUIPMENT
120059 5/4/2010 L.C. ACTION POLICE SUPPLY $78.03 74057 SAFETY EQUIPMENT
120270 5/18/2010 L.C. ACTION POLICE SUPPLY $138.45 74031 CLOTHING EXPENSE
L.C. ACTION POLICE SUPPLY Total $1,008.57

120246 5/11/2010 LAW OFFICES OF WILLIAM D. ROSS, $275.00 61051 PROFESSIONAL SERVICES
LAW OFFICES OF WILLIAM D. ROSS, Total $275.00

120229 5/11/2010 LIU OF NA $187.20 65016 RETIREMENT
120229 5/11/2010 LIU OF NA $187.20 67016 RETIREMENT
120229 5/11/2010 LIU OF NA $561.60 69016 RETIREMENT
120229 5/11/2010 LIU OF NA $187.20 70016 RETIREMENT
120229 5/11/2010 LIU OF NA $1,497.60 76016 RETIREMENT
120229 5/11/2010 LIU OF NA $374.40 78016 RETIREMENT
120229 5/11/2010 LIU OF NA $1,526.40 21285 LIUNA SUPPL EE RETIREMENT
120229 5/11/2010 LIU OF NA $1,053.45 84016 RETIREMENT
120229 5/11/2010 LIU OF NA $187.20 65016 RETIREMENT
120229 5/11/2010 LIU OF NA $187.20 67016 RETIREMENT
120229 5/11/2010 LIU OF NA $561.60 69016 RETIREMENT
120229 5/11/2010 LIU OF NA $187.20 70016 RETIREMENT
120229 5/11/2010 LIU OF NA $1,497.60 76016 RETIREMENT
120229 5/11/2010 LIU OF NA $374.40 78016 RETIREMENT
120229 5/11/2010 LIU OF NA $1,526.40 21285 LIUNA SUPPL EE RETIREMENT
120229 5/11/2010 LIU OF NA $1,053.45 84016 RETIREMENT
LIU OF NA Total $11,150.10

74706 5/21/2010 LIUNA, LOCAL 792 $1,162.50 21290 UNION DUES PAYABLE
LIUNA, LOCAL 792 Total $1,162.50

120230 5/11/2010 M.J.MURPHY $111.71 78045 MATERIAL/SUPPLIES
120230 5/11/2010 M.J.MURPHY ($20.02) 78045 MATERIAL/SUPPLIES
120230 5/11/2010 M.J.MURPHY $111.71 78045 MATERIAL/SUPPLIES
120230 5/11/2010 M.J.MURPHY ($20.02) 78045 M
M.J.MURPHY Total $183.38

120271 5/18/2010 MAIL MART $9.80 74038 POSTAGE
120271 5/18/2010 MAIL MART $29.10 74038 POSTAGE
120271 5/18/2010 MAIL MART $108.60 74038 POSTAGE
120271 5/18/2010 MAIL MART $26.74 74038 POSTAGE
120271 5/18/2010 MAIL MART $4.90 74038 POSTAGE
120271 5/18/2010 MAIL MART $7.50 74038 POSTAGE
MAIL MART Total $186.64

120295 5/25/2010 MARTIN & CHAPMAN CO $24,142.06 64300 ELECTION
MARTIN & CHAPMAN CO Total $24,142.06

120231 5/11/2010 MCSHANE'S NURSERY & LANDS $90.12 76045 MATERIALS/SUPPLIES
MCSHANE'S NURSERY & LANDS Total $90.12

120276 5/18/2010 MICHAEL K. RACHEL $2,487.50 69051 PROFESSIONAL SERVICES
MICHAEL K. RACHEL Total $2,487.50

120232 5/11/2010 MISSION UNIFORM SERVICE $99.60 76053 CONTRACTUAL SERVICES
120232 5/11/2010 MISSION UNIFORM SERVICE $48.26 76053 CONTRACTUAL SERVICES
120232 5/11/2010 MISSION UNIFORM SERVICE $19.72 76053 CONTRACTUAL SERVICES
120232 5/11/2010 MISSION UNIFORM SERVICE $22.50 76053 CONTRACTUAL SERVICES
120232 5/11/2010 MISSION UNIFORM SERVICE $22.50 76053 CONTRACTUAL SERVICES
120232 5/11/2010 MISSION UNIFORM SERVICE $22.50 76053 CONTRACTUAL SERVICES
120232 5/11/2010 MISSION UNIFORM SERVICE $15.08 78031 CLOTHING EXPENSE
120232 5/11/2010 MISSION UNIFORM SERVICE $15.08 78031 CLOTHING EXPENSE
120232 5/11/2010 MISSION UNIFORM SERVICE $15.08 78031 CLOTHING EXPENSE
120232 5/11/2010 MISSION UNIFORM SERVICE $15.08 78031 CLOTHING EXPENSE
120232 5/11/2010 MISSION UNIFORM SERVICE $73.04 76031 CLOTHING EXPENSE
120232 5/11/2010 MISSION UNIFORM SERVICE $73.04 76031 CLOTHING EXPENSE
120232 5/11/2010 MISSION UNIFORM SERVICE $73.04 76031 CLOTHING EXPENSE
120232 5/11/2010 MISSION UNIFORM SERVICE $73.04 76031 CLOTHING EXPENSE
MISSION UNIFORM SERVICE Total $587.56

120233 5/11/2010 MONTEREY BAY PLANNING SERVICES $3,553.75 61051 PROFESSIONAL SERVICES
MONTEREY BAY PLANNING SERVICES Total $3,553.75

120060 5/4/2010 MONTEREY COUNTY $16,340.40 64030 TRAINING/PERSONAL EXP.
120061 5/4/2010 MONTEREY COUNTY $13,054.50 20260 TOURISM IMPRVMT DISTRICT PYBLE
120061 5/4/2010 MONTEREY COUNTY ($130.55) 36351 ADMINISTRATIVE SERVICES
MONTEREY COUNTY Total $29,264.35
120272 5/18/2010 MONTEREY COUNTY BUSINESS $137.90 74053 CONTRACTUAL SERVICES
MONTEREY COUNTY BUSINESS Total $137.90

120273 5/18/2010 MTY COUNTY TELECOMM $76.00 74053 CONTRACTUAL SERVICES
MTY COUNTY TELECOMM Total $76.00

74676 5/6/2010 MYERS STEVENS & TOOHEY $90.00 21170 GROUP LONG TERM DISABILITY INS
MYERS STEVENS & TOOHEY Total $90.00

120234 5/11/2010 NANCY'S MID VLY FLORIST $64.95 60207 COUNCIL DISCRETIONARY
NANCY'S MID VLY FLORIST Total $64.95

74661 5/6/2010 NATIONWIDE RET. SOLUTIONS $2,992.50 21150 DEFERRED COMP
74661 5/6/2010 NATIONWIDE RET. SOLUTIONS $125.00 21150 DEFERRED COMP
74680 5/13/2010 NATIONWIDE RET. SOLUTIONS $250.00 21150 DEFERRED COMP
74709 5/21/2010 NATIONWIDE RET. SOLUTIONS $2,742.50 21150 DEFERRED COMP
74709 5/21/2010 NATIONWIDE RET. SOLUTIONS $125.00 21150 DEFERRED COMP
NATIONWIDE RET. SOLUTIONS Total $6,235.00

120062 5/4/2010 NEILL ENGINEERS CORP. $150.00 62053 CONTRACTUAL SERVICES
NEILL ENGINEERS CORP. Total $150.00

120063 5/4/2010 NEW IMAGE LANDSCAPE CO. $2,937.50 78053 CONTRACTUAL SERVICES
120296 5/25/2010 NEW IMAGE LANDSCAPE CO. $2,937.50 78050 OUTSIDE LABOR
NEW IMAGE LANDSCAPE CO. Total $5,875.00

120235 5/11/2010 NEXTEL COMMUNICATIONS $94.00 64036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $182.59 65036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $105.41 69036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $134.13 70036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $92.44 72036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $544.89 74036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $128.27 76036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $27.59 78036 TELEPHONE
120235 5/11/2010 NEXTEL COMMUNICATIONS $21.58 82036 TELEPHONE
NEXTEL COMMUNICATIONS Total $1,330.90

120274 5/18/2010 NICHOLS CONSULTING $1,800.00 64051 PROFESSIONAL SERVICES
NICHOLS CONSULTING Total $1,800.00

120236 5/11/2010 NIELSEN BROS. MARKET,INC. $20.00 50 24050 SENIORS-HELPING SENIORS PROG.
NIELSEN BROS. MARKET,INC. Total $20.00

120064 5/4/2010 OFFICE DEPOT, INC. $55.94 74042 OFFICE MACHINE SUPPLIES
120237 5/11/2010 OFFICE DEPOT, INC. $143.80 65042 OFFICE MACHINE SUPPLIES
120297 5/25/2010 OFFICE DEPOT, INC. $112.48 82042 OFFICE MACHINE SUPPLIES
OFFICE DEPOT, INC. Total $312.22

120238 5/11/2010 ORCHARD SUPPLY $76.83 76045 MATERIALS/SUPPLIES
120238 5/11/2010 ORCHARD SUPPLY $406.67 76045 MATERIALS/SUPPLIES
120238 5/11/2010 ORCHARD SUPPLY $66.75 76057 SAFETY EQUIPMENT
120238 5/11/2010 ORCHARD SUPPLY $72.70 70045 MATERIAL/SUPPLIES
120238 5/11/2010 ORCHARD SUPPLY $15.99 76054 TOOLS/EQUIPMENT
120238 5/11/2010 ORCHARD SUPPLY $17.45 76045 MATERIALS/SUPPLIES
ORCHARD SUPPLY Total $656.39

120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $570.51 64026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $61.28 70026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $301.31 72026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $2,369.92 74026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $1,659.56 76026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $53.44 78026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $385.12 82026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $206.89 60 81026 UTILITIES
120239 5/11/2010 PACIFIC GAS & ELECTRIC CO $1,971.06 84026 UTILITIES
PACIFIC GAS & ELECTRIC CO Total $7,579.09

120275 5/18/2010 PACIFIC INTERLCK PAVNGSTN $502.83 76045 MATERIALS/SUPPLIES
120275 5/18/2010 PACIFIC INTERLCK PAVNGSTN ($70.00) 76045 MATERIALS/SUPPLIES
PACIFIC INTERLCK PAVNGSTN Total $432.83

120069 5/4/2010 PAUL TOMASI $128.63 74031 CLOTHING EXPENSE
PAUL TOMASI Total $128.63

120240 5/11/2010 PENINSULA MESSENGER SERVICE $4,653.00 64204 MAIL SERVICE CONTRACT
PENINSULA MESSENGER SERVICE Total $4,653.00

74663 5/6/2010 PERS Long Term Care $166.09 21087 PERS LONG TERM CARE
74710 5/21/2010 PERS Long Term Care $166.09 21087 PERS LONG TERM CARE
PERS Long Term Care Total $332.18

74664 5/6/2010 PERS RETIREMENT ($0.02) 67427 PAYROLL VARIANCE
74664 5/6/2010 PERS RETIREMENT $75.51 21085 PERS MISC
74664 5/6/2010 PERS RETIREMENT $62,681.88 21080 PERS RETIREMENT
74681 5/13/2010 PERS RETIREMENT $- 67427 PAYROLL VARIANCE
74681 5/13/2010 PERS RETIREMENT $474.49 21080 PERS RETIREMENT
74711 5/21/2010 PERS RETIREMENT ($0.04) 67427 PAYROLL VARIANCE
74711 5/21/2010 PERS RETIREMENT $75.51 21085 PERS MISC
74711 5/21/2010 PERS RETIREMENT $62,938.20 21080 PERS RETIREMENT
PERS RETIREMENT Total $126,245.53

120243 5/11/2010 PROFESSIONAL EXCHANGE SERVICE CO $88.15 67051 PROFESSIONAL SERVICES
PROFESSIONAL EXCHANGE SERVICE CO Total $88.15

120242 5/11/2010 PROFESSIONAL PROP MAINT $7,047.80 70053 CONTRACTUAL SERVICES
PROFESSIONAL PROP MAINT Total $7,047.80

120065 5/4/2010 PROPERTY SERV/MAINTENANCE $115.85 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $14.61 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $90.00 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $19.70 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $17.32 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $66.02 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $415.00 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $300.00 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $325.00 78053 CONTRACTUAL SERVICES
120065 5/4/2010 PROPERTY SERV/MAINTENANCE $6.93 78053 CONTRACTUAL SERVICES
PROPERTY SERV/MAINTENANCE Total $1,370.43

120066 5/4/2010 PSTS, INC. $500.00 76050 OUTSIDE LABOR
PSTS, INC. Total $500.00

120298 5/25/2010 PUBLIC STORAGE $298.00 67053 CONTRACTUAL SERVICES
PUBLIC STORAGE Total $298.00

120067 5/4/2010 R&B EXCAVATING, INC. $2,656.80 64051 PROFESSIONAL SERVICES
R&B EXCAVATING, INC. Total $2,656.80

120244 5/11/2010 RANA CREEK HABITAT RESTOR $227.33 78045 MATERIAL/SUPPLIES
RANA CREEK HABITAT RESTOR Total $227.33

120277 5/18/2010 RANCHO CAR WASH $27.92 74050 OUTSIDE LABOR
RANCHO CAR WASH Total $27.92

120245 5/11/2010 RBF CONSULTING $6,360.00 88406 GENERAL PLAN HOUSING ELEMENT
RBF CONSULTING Total $6,360.00

120299 5/25/2010 RENTAL DEPOT - MONTEREY $131.10 76041 RENT/LEASE EQUIPMENT
RENTAL DEPOT - MONTEREY Total $131.10

120222 5/11/2010 RICH GUILLEN $81.18 64036 TELEPHONE
RICH GUILLEN Total $81.18

74662 5/6/2010 RICHARD REED $25.00 21290 UNION DUES PAYABLE
RICHARD REED Total $25.00

120228 5/11/2010 ROBERT LITTELL ARCHITECT $1,020.00 50 24050 PRICE/135S15/010174006000
120228 5/11/2010 ROBERT LITTELL ARCHITECT $1,020.00 50 24050 PRICE/135S15/010174006000
ROBERT LITTELL ARCHITECT Total $2,040.00

120300 5/25/2010 SAROYAN MASTERBUILDERS $777.50 50 24050 ALLARD/00HN20/010262007000
SAROYAN MASTERBUILDERS Total $777.50

120214 5/11/2010 SEAN CONROY $36.03 64030 TRAINING/PERSONAL EXP.
SEAN CONROY Total $36.03

74660 5/6/2010 SHERIFF'S CIVIL UNIT $20.00 21270 GARNISHMENTS
74708 5/21/2010 SHERIFF'S CIVIL UNIT $20.00 21270 GARNISHMENTS
SHERIFF'S CIVIL UNIT Total $40.00

120068 5/4/2010 SHERWIN-WILLIAMS CO. $1,086.72 70045 MATERIAL/SUPPLIES
120068 5/4/2010 SHERWIN-WILLIAMS CO. $506.26 70045 MATERIAL/SUPPLIES
SHERWIN-WILLIAMS CO. Total $1,592.98

120248 5/11/2010 SKIPS ONE STOP MONTEREY $10.91 76047 AUTOMOTIVE PARTS/SUPPLIES
120248 5/11/2010 SKIPS ONE STOP MONTEREY $3.28 76047 AUTOMOTIVE PARTS/SUPPLIES
SKIPS ONE STOP MONTEREY Total $14.19

119179 5/5/2010 SO. BAY REGIONAL PUBLIC ($20.00) 64030 TRAINING/PERSONAL EXP.
SO. BAY REGIONAL PUBLIC Total ($20.00)

74666 5/6/2010 STANDARD INSURANCE CO. $1,289.63 21220 LTD INSURANCE
74667 5/6/2010 STANDARD INSURANCE CO. $761.92 21130 LIFE INSURANCE
74667 5/6/2010 STANDARD INSURANCE CO. $80.40 21250 AD & D PAYABLE
74713 5/21/2010 STANDARD INSURANCE CO. $1,274.44 21220 LTD INSURANCE
STANDARD INSURANCE CO. Total $3,406.39

120249 5/11/2010 STAPLES CREDIT PLAN $34.38 69042 OFFICE MACHINE SUPPLIES
STAPLES CREDIT PLAN Total $34.38

74665 5/6/2010 STATE STREET BANK & TRUST $4,932.75 21150 DEFERRED COMP
74665 5/6/2010 STATE STREET BANK & TRUST $841.25 21150 DEFERRED COMP
74712 5/21/2010 STATE STREET BANK & TRUST $4,932.75 21150 DEFERRED COMP
74712 5/21/2010 STATE STREET BANK & TRUST $841.25 21150 DEFERRED COMP
STATE STREET BANK & TRUST Total $11,548.00

120301 5/25/2010 STERICYCLE $39.95 67051 PROFESSIONAL SERVICES
STERICYCLE Total $39.95

120302 5/25/2010 STOCKER & ALLAIRE, INC. $1,223.75 50 24050 DUNBAR/115N20/010158011000
STOCKER & ALLAIRE, INC. Total $1,223.75

120279 5/18/2010 SUMMIT UNIFORMS $399.86 74031 CLOTHING EXPENSE
120279 5/18/2010 SUMMIT UNIFORMS $176.99 74031 CLOTHING EXPENSE
SUMMIT UNIFORMS Total $576.85

120250 5/11/2010 SUNSET CULTURAL CTR. INC. $2,528.80 64051 PROFESSIONAL SERVICES
120250 5/11/2010 SUNSET CULTURAL CTR. INC. $4,983.87 70045 MATERIAL/SUPPLIES
SUNSET CULTURAL CTR. INC. Total $7,512.67

120303 5/25/2010 T-MOBILE $107.61 74053 CONTRACTUAL SERVICES
T-MOBILE Total $107.61

120251 5/11/2010 TOOLS PLUS INDUSTRIES $243.20 76057 SAFETY EQUIPMENT
TOOLS PLUS INDUSTRIES Total $243.20

120304 5/25/2010 TOPE'S TREE SERVICE $1,800.00 78050 OUTSIDE LABOR
TOPE'S TREE SERVICE Total $1,800.00

120070 5/4/2010 TRISTAR RISK MANAGEMENT $1,900.00 67424 W/C SELF-FUNDED RUN-OUT CLAIMS
120305 5/25/2010 TRISTAR RISK MANAGEMENT $1,900.00 67424 W/C SELF-FUNDED RUN-OUT CLAIMS
TRISTAR RISK MANAGEMENT Total $3,800.00

120306 5/25/2010 TRUCKSIS ENTERPRISES,INC. $360.00 69055 COMMUNITY ACTIVITIES
TRUCKSIS ENTERPRISES,INC. Total $360.00

120071 5/4/2010 UNION BANK OF CALIFORNIA, N.A. $625.00 67032 PERMITS, LICENSES & FEES
UNION BANK OF CALIFORNIA, N.A. Total $625.00

120072 5/4/2010 UNIVERSAL UNIFORMS $123.96 74031 CLOTHING EXPENSE
UNIVERSAL UNIFORMS Total $123.96

120307 5/25/2010 US BANK $47.81 70045 MATERIAL/SUPPLIES
120307 5/25/2010 US BANK $7.56 82055 COMMUNITY ACTIVITIES
120307 5/25/2010 US BANK $824.88 72600 EMERGENCY RESPONSE TRAINING
120307 5/25/2010 US BANK $44.63 72601 EOC SUPPLIES/SERVICE
120307 5/25/2010 US BANK $2,101.72 64051 PROFESSIONAL SERVICES
120307 5/25/2010 US BANK $17.06 64300 ELECTION
120307 5/25/2010 US BANK $2,446.35 72600 EMERGENCY RESPONSE TRAINING
120307 5/25/2010 US BANK $126.95 65053 CONTRACTUAL SERVICES
120307 5/25/2010 US BANK $10.92 82055 COMMUNITY ACTIVITIES
120307 5/25/2010 US BANK $51.17 72047 AUTOMOTIVE PARTS
120307 5/25/2010 US BANK $74.41 72601 EOC SUPPLIES/SERVICE
120307 5/25/2010 US BANK $39.64 64300 ELECTION
120307 5/25/2010 US BANK $61.77 72095 OPERATIONAL SERVICES/SUPPLIES
120307 5/25/2010 US BANK $29.99 65049 EQUIPMENT MAINTENANCE
120307 5/25/2010 US BANK $143.72 82055 COMMUNITY ACTIVITIES
120307 5/25/2010 US BANK $22.50 64300 ELECTION
120307 5/25/2010 US BANK $32.48 65049 EQUIPMENT MAINTENANCE
120307 5/25/2010 US BANK $24.97 82055 COMMUNITY ACTIVITIES
120307 5/25/2010 US BANK $26.04 64300 ELECTION
120307 5/25/2010 US BANK $3.96 65049 EQUIPMENT MAINTENANCE
120307 5/25/2010 US BANK $37.80 64300 ELECTION
120307 5/25/2010 US BANK $43.27 50 24050 PUBLIC EDUC./GOVT ACCESS(PEG)
120307 5/25/2010 US BANK $18.59 64300 ELECTION
120307 5/25/2010 US BANK $24.00 64300 ELECTION
120307 5/25/2010 US BANK $56.99 64300 ELECTION
120307 5/25/2010 US BANK $106.41 64300 ELECTION
120307 5/25/2010 US BANK $3.45 64300 ELECTION
120307 5/25/2010 US BANK $51.39 64030 TRAINING/PERSONAL EXP.
120307 5/25/2010 US BANK $9.88 64030 TRAINING/PERSONAL EXP.
120307 5/25/2010 US BANK $16.24 60095 OPERATIONAL SUPPLIES/SERVICES
120307 5/25/2010 US BANK $109.00 64300 ELECTION
120307 5/25/2010 US BANK $95.24 64043 OFFICE SUPPLIES
120307 5/25/2010 US BANK $35.00 64034 DOCUMENTS/PUBLICATIONS
120307 5/25/2010 US BANK $121.94 60207 COUNCIL DISCRETIONARY
US BANK Total $6,867.73

120073 5/4/2010 VALLEY SAW & GARDEN EQUIP $235.55 76049 EQUIPMENT MAINTENANCE
120073 5/4/2010 VALLEY SAW & GARDEN EQUIP $25.50 78045 MATERIAL/SUPPLIES
120073 5/4/2010 VALLEY SAW & GARDEN EQUIP $69.22 78045 MATERIAL/SUPPLIES
120073 5/4/2010 VALLEY SAW & GARDEN EQUIP $54.27 78054 TOOLS/EQUIPMENT
120073 5/4/2010 VALLEY SAW & GARDEN EQUIP $54.27 78054 TOOLS/EQUIPMENT
VALLEY SAW & GARDEN EQUIP Total $438.81

120280 5/18/2010 VASILOVICH RESIDENTIAL PLNG & DE $276.25 50 24050 DUNBAR/115N20/010158011000
120280 5/18/2010 VASILOVICH RESIDENTIAL PLNG & DE $722.50 50 24050 ALLARD/00HN20/010262007000
VASILOVICH RESIDENTIAL PLNG & DE Total $998.75

74677 5/6/2010 VEHICLE REGISTRATION COLLECTIONS $115.00 21270 GARNISHMENTS
VEHICLE REGISTRATION COLLECTIONS Total $115.00

120252 5/11/2010 VERIZON WIRELESS $53.95 64036 TELEPHONE
120252 5/11/2010 VERIZON WIRELESS $45.51 60036 TELEPHONE
VERIZON WIRELESS Total $99.46

120253 5/11/2010 VILLAGE CABINET COMPANY $2,050.80 50 24050 PARK BENCHES
VILLAGE CABINET COMPANY Total $2,050.80

120281 5/18/2010 WASSON'S CLEANING SVCS. $1,000.23 74053 CONTRACTUAL SERVICES
WASSON'S CLEANING SVCS. Total $1,000.23

120198 5/11/2010 WILLIAM BARON $480.00 50 24050 PRICE/135S15/010174006000
120198 5/11/2010 WILLIAM BARON $480.00 50 24050 PRICE/135S15/010174006000
WILLIAM BARON Total $960.00

120308 5/25/2010 WINNERS AWARDS & ENGRAVER $75.78 50 24050 PARK BENCHES
WINNERS AWARDS & ENGRAVER Total $75.78

205 Checks Total: $514,900.68

CITY COUNCIL: Resolution Approving Use of Sunset Center Theater, Lobby & Patio by The Carmel Foundation for Annual Meeting

Meeting Date: May 4, 2010
Prepared by: Molly Laughlin

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving the use of the Sunset Center Theater, Lobby and Patio by The Carmel Foundation in September 2010 for its annual meeting from 4:00-6:00 p.m.

Description: The Carmel Foundation has requested one of the City’s free use days for the Sunset Theater and Lobby for a midweek date in September 2010 to be determined. In addition, it also requests the use of the outdoor patio for the event.

The Annual Meeting also is a fundraising event for the Foundation.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt Resolution.

Important Considerations: The Carmel Foundation provides a variety of services to the Carmel community including 45 units of low-income housing. Its Annual Meeting in the Sunset Theater will provide the Foundation with a unique opportunity to receive additional donations above its
normal level.

Decision Record: The Council has approved a free use day of Sunset Theater to the Carmel Foundation for its Annual Meetings for the past five years. If Council grants this request, three more free use days will be available for the remainder of FY 2010-11.

Reviewed by:

_____________________________ __________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE USE OF THE SUNSET CENTER THEATER, LOBBY AND PATIO BY THE CARMEL FOUNDATION IN SEPTEMBER 2010

WHEREAS, the City has free use days available for non-profit civic organizations that provide a public service to the Carmel community; and

WHEREAS, the Carmel Foundation is a non-profit organization which has requested one free use day midweek in September 2010; and

WHEREAS, the purpose of the free use day requested by the Carmel Foundation is for its annual fundraising meeting.

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

1. Approve one free use day of the Sunset Center Theater on a midweek date in September 2010 as described in the Agreement between the City and the Sunset Center Cultural, Inc.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of May 2010, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

_____________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Authorizing Expenditure to Support the Carmel Unified Youth Baseball Program

Meeting Date: May 4, 2010
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account to support the Carmel Unified Youth Baseball program.

Description: Carmel Unified Youth Baseball is a nonprofit 501c (3) organization that provides baseball and softball activities for Carmel and Carmel Valley youngsters aged five to 14 years. It is, in fact, the largest organized baseball league on the Monterey Peninsula, serving nearly 400 boys and girls and their families. Funding for the program, which has an annual budget of about $150,000, is derived from player registrations, sign and team sponsors, concession sales, and private donations.

In these difficult economic times, the Carmel Unified Youth Baseball
program, like other nonprofit organizations, must seek additional funding to support its operations and to provide scholarships so all children may have financial assistance to participate in valuable youth sports activities.

Overall Cost:
City Funds: $1,000 from Council Discretionary Account 01-60207.

Staff Recommendation: Adopt the Resolution.

Important Considerations: Carmel Unified Youth Baseball provides an important recreational program for area youngsters, aged five to 14 years old.

Decision Record: None

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING AN EXPENDITURE OF $1,000 FROM THE COUNCIL’S DISCRETIONARY ACCOUNT TO SUPPORT THE CARMEL UNIFIED YOUTH BASEBALL PROGRAM

WHEREAS, Carmel Unified Youth Baseball is a 501 c (3) nonprofit organization that
provides baseball and softball programs for area youth aged five to 14 years old; and
WHEREAS, the program is run by volunteers who are responsible for running the league
including the lease and maintenance of its ball fields; and
WHEREAS, difficult economic times have made it more critical for Carmel Unified
Youth Baseball to seek outside funding for its ongoing operations and to support its scholarship
program so all children can participate; and
WHEREAS, there are sufficient funds in the fiscal year 2009-10 Council Discretionary
budget account 01-60207.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA
DOES:
1. Authorize the expenditure from the Council Discretionary account 01-60207 to
the Carmel Unified Youth Baseball program in the amount of $1,000 to help
support the program.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA
this 4th day of May 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_________________________
SUE McCLOUD, MAYOR
ATTEST:
_________________________
Heidi Burch, City Clerk

CITY COUNCIL: Ordinance Amending the Mills Act Program in Historic Preservation Ordinance (First Reading)

Meeting Date: 4 May 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending the Mills Act program found in the City’s Historic Preservation Ordinance (First reading).

Description: This proposal would amend the application requirements of the Mills Act to eliminate some of the existing standards, place an emphasis on rehabilitation, and allow properties in any zoning district to apply.

City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Approve the Ordinance (1st Reading).

Important Considerations: The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act.

For those governments that do participate, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment. The jurisdiction benefits
by having historic resources maintained and enhanced; the property owner benefits by having a reduced tax burden.

Decision Record: The Council continued this item on 6 April 2010 with a request for additional financial analysis on the program.

Attachments:
• Exhibit “A” – Revised Mills Act Ordinance
• Exhibit “B” – Budget Impact Analysis
• Exhibit “C” – Income Approach to Value Examples
• Exhibit “D” – Information submitted by David Hutchings

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD & COUNCIL MEMEBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 4 MAY 2010
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE MILLS ACT PROGRAM FOUND IN THE CITY’S HISTORIC PRESERVATION ORDINANCE (FIRST READING).

BACKGROUND & DESCRIPTION
The Mills Act was enacted by the State of California in 1972 as a way to encourage
partnerships between local governments and property owners of historic resources. Local
governments are not required to participate in the Mills Act. For those governments that
do participate, a Mills Act contract may be offered to any property that contains an
historic resource.
The contract must be for at least 10 years and must include renewal provisions. The
property owner typically agrees to specific rehabilitation/restoration efforts that would
take place over the life of the contract. In turn, the property owner receives a reduced
property tax assessment, typically by using the Income Approach to Value rather than the
Market Approach to Value. The jurisdiction benefits by having historic resources
rehabilitated and maintained; the property owner benefits by having a reduced tax
burden.
The City’s Historic Preservation Ordinance is part of the City’s Local Coastal Program
that was certified in 2004. The Historic Preservation Ordinance offers Mills Act
contracts as a potential benefit to property owners of historic resources in the R-1
District, or for commercial properties that provide affordable housing. CMC Section
17.32.100.B establishes findings that must be made by the Council in order to qualify for
a contract. Some of the findings have proven to be problematic and have made
qualifying for a contract difficult.
The City Council continued this item on 6 April 2010, with a request for additional
economic information. The Council also expressed interest in extending the program to
commercial properties, particularly to historic motels.
26
Staff Report
4 May 2010
Page 2
Exhibit “A” (attached) includes proposed changes to the existing ordinance to: 1) place
an emphasis on rehabilitation; 2) revise the required findings; 3) open the program to
commercial properties; and 4) allow the Council to establish by Resolution a limit on the
number of contracts that could be approved.
PROCESS
The proposed ordinance would amend the Zoning Ordinance/Local Coastal
Implementation Plan and requires review by the Historic Resources Board (HRB),
Planning Commission (PC), City Council and the California Coastal Commission.
The HRB and Planning Commission reviewed this item on 25 January 2010 and 10
March 2010, respectively.
EVALUATION
The primary focus of the HRB’s and PC’s review of the Mills Act was based on the
following policy question:
“Should Mills Act Contracts be offered primarily to properties with significant
rehabilitation needs or should they be offered to all historic properties regardless
of their current condition?”
The HRB and PC determined that the Mills Act program should be used primarily as a
tool to assist in the rehabilitation/restoration of degraded historic properties. Properties
with a demonstrable rehabilitation need should be given preference over properties with
little or no rehabilitation needs. In that way, contracts that the City approves would result
in rehabilitated and restored historic properties.
Focusing on rehabilitation would benefit not only the property owner, but also the
surrounding neighborhood and the City as a whole. Offering contracts to properties with
little or no need for rehabilitation would have less benefit to the community and may not
justify the reduction in tax income to the City. The proposed amendments would require
an applicant to clearly demonstrate how the tax reductions are necessary to assist in the
rehabilitation of the property.
27
Staff Report
4 May 2010
Page 3
Residential: There are approximately 210 residential properties listed on the City’s
Historic Inventory. Properties that could potentially qualify for a Mills Act contract
would be limited by the following considerations:
• Additions: The City’s ordinance does not allow contracts for properties with
increased floor area by 15% or more from the original historic size. Without an
analysis of every property on the inventory, it is impossible to know how many
properties this requirement may disqualify. Staff estimates somewhere between
30% to 40%.
• Proposition 13: California’s Proposition 13 limits the maximum amount of
property taxes that can be assessed and prohibits reassessing a property’s value
unless there is a change of ownership or new construction. Therefore, many owners
of historic properties already enjoy low property tax rates and would not benefit by
a Mills Act contract.
• Rehabilitation: If the Council adopts the proposed amendments, the number of
potential candidates for Mills Act contracts will be further reduced based on the
emphasis on rehabilitation.
Commercial: There are approximately 50 commercial properties listed on the City’s
Historic Inventory. The City’s current Mills Act program does not include commercial
properties, unless they provide affordable housing. The Council has expressed an interest
in extending the program, particularly for historic motels.
The following motels are currently listed on the City’s Historic Inventory:
• Pine Inn (CC District)
• Cypress Inn (RC District)
• L’Auberge (RC District)
• Normandy Inn (RC District)
• La Playa (R-4 District)
• Sea View Inn (R-1 District)
• Colonial Terrace (R-1 District)
• Edgemere (R-1 District)
In general, Mills Act assessments are based on the Income Approach to Value rather than
the standard Market Approach to Value. A key factor to this approach is what a property
can produce in rent. Since rental rates are generally higher per square foot for
commercial property, and particularly for motels, compared to residential property,
commercial properties are generally not likely to see as significant property tax
reductions from the Mills Act as would residential properties. Property tax reductions,
however, could still be significant.
28
Staff Report
4 May 2010
Page 4
Economic Impact: Staff has assumed that the average market value of properties
receiving a contract would be $1.5 million dollars. This would result in a net loss to the
City of approximately $1,020 per contract (see Exhibit “B”). Staff also assumed that
each 10-year contract would be renewed for an additional 10 years, as provided for in the
Mills Act. Based on these assumptions, the following table demonstrates what the City
could potentially lose in tax revenue (not including inflation) if two contracts were
approved each year.
Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr 7 Yr 8 Yr 9 Yr 10
$2040 $4080 $6120 $8160 $10,200 $12,240 $14280 $16,320 $18,360 $20,400
Yr 11 Yr 12 Yr 13 Yr 14 Yr 15 Yr 16 Yr 17 Yr 18 Yr 19 Yr 20
$22,440 $24,480 $26,520 $28,560 $30,600 $32,640 $34,680 $36720 $38760 $40,800
By Year 10 the City could experience a $20,400 reduction in property tax revenue in that
year and have lost approximately $112,200 over a 10-year span. Staff points out,
however, that based on the budget for fiscal year 2009/10, $20,400 would only be
approximately .1% of the total budget.
What the economic analysis does not include is the potential increase in property values
for surrounding properties due to rehabilitation and improvements of the properties under
contract, or the potential increase in the Transient Occupancy Tax for motel properties
that participate in the program.
Cap: Many communities that offer Mills Act contracts have established caps on the
number of contracts that can be approved on a yearly basis. Staff recommends that the
Council establish a cap of no more than two contract approvals per calendar year. The
cap could be established by Council resolution so that it could be revised without the
need to revise the ordinance.
If the Council is interested in establishing motels as a priority, a possible option would be
not to include motels in the cap.
Problematic Criteria: CMC 17.32.100 establishes findings that must be made in order
to approve a Mills Act contract. Several of these findings make qualifying for a contract
very difficult. Below is a list of some of the more problematic findings followed by a
response from staff.
iii. Alterations to the historic resource have been in the past, and will continue to be in
the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards, and do not affect the basic form and
design of the original historic resource.
Response: Many historic properties have had additions. The Secretary’s Standards were
not developed until 1992 and the City has not always used them during the design review
29
Staff Report
4 May 2010
Page 5
process. It seems inappropriate to require past additions to be consistent with the
Secretary’s Standards when many of the additions occurred prior to development of the
standards, and/or prior to the City’s use of the standards. A caveat has been added to
finding “A” to indicate that it only applies to future alterations.
(B) Do not affect any primary elevation
Response: A strict reading of this finding could disqualify a property if only one window
were altered or removed on a primary elevation. This finding has been revised to be less
restrictive.
(C) Do not alter, damage or diminish any character-defining feature.
Response: This finding would be very difficult to make on any property that has had
even a small addition. Character-defining features could include rafter-tails, windows,
siding material, etc. Therefore, even if a small addition were added at the rear of a
structure, character-defining features most likely would be diminished or damaged. This
finding has been eliminated.
(F) Meet all zoning standards applicable to the location of the property.
Response: It seems inappropriate to require past alterations to conform to current zoning
standards when most alterations occurred prior to the development of the current zoning
standards. A large number of historic properties would not qualify under finding “F” as
most have at least some minor nonconformities (setbacks, height, parking, etc.). This
finding has been eliminated.
Summary: In summary, the Council should answer the following questions:
1) Should Mills Act contracts be offered primarily to properties with significant
rehabilitation needs or should they be offered to all historic properties
regardless of their current condition?
2) Should the existing problematic findings be amended as recommended?
3) Should the ordinance be amended to include historic commercial properties in
the program?
4) Should the ordinance establish a cap on the number of contracts that can be
approved during any given year? If a cap is established, should it exclude
motels applications?
RECOMMENDATION
Approve the Ordinance amending the Mills Act requirements on first reading.
30
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AMENDING THE MILLS ACT PROGRAM FOUND
IN THE CITY’S HISTORIC PRESERVATION ORDINANCE (FIRST READING)
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in
its historic character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to
protect the village character through clear policies and regulations that guide historic
preservation; and
WHEREAS, the Mills Act was adopted by the State of California in 1972; and
WHEREAS, jurisdictions are not required to implement the Mills Act; and
WHEREAS, participating jurisdictions may establish specific application requirements to
suit local needs; and
WHEREAS, the City adopted the Mills Act as a potential benefit to property owners of
historic resources as part of the Local Coastal Program; and
WHEREAS, the proposed ordinance revises section 17.32.100.B of the Zoning
Ordinance/Local Implementation Plan to focus Mills Act contracts on properties that have a
demonstrable rehabilitation need; and
WHEREAS, the Historic Resources Board and the Planning Commission unanimously
recommended adoption of the ordinance; and
WHEREAS, this ordinance will be carried out in a manner consistent with the California
Coastal Act.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA does hereby resolve to:
Amend Municipal Code Section 17.32.100.B (Exhibit “A”) amending the Mills Act
program in the City of Carmel-by-the-Sea.
Severability. If any part of this ordinance, even as small as a word or phrase, is found to be
unenforceable such finding shall not affect the enforceability of any other part.
Effective Date. This ordinance shall become effective 30 days after final adoption by the City
Council or the California Coastal Commission, whichever occurs last.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this ___ day of ________ 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_________________________________
Heidi Burch, City Clerk
32
Exhibit “A”
City Mills Act Requirements (revisions shown in strikeout and
underline)
B. Mills Act Historical Property Contracts. (CMC 17.32.10)
1. Purpose. A Mills Act contract under State law is an agreement between
the City of Carmel and a property owner of an historic building listed on the
Carmel Register. The property owner benefits from a reduction in property taxes,
and the City is assured that the historic building is rehabilitated, maintained and
preserved. All Mills Act contracts shall be established, processed and approved
in conformance with California law. The primary purpose for offering Mills Act
contracts in the City of Carmel-by-the-Sea is to assist in the rehabilitation
and long-term maintenance of historic resources.
2. Applicability. All properties listed on the City’s Historic Register in all
districts Properties in the R-1 district that have been, and will be, preserved in
their historic size, form and design without significant alterations or additions are
eligible for Mills Act contracts. Mills Act contracts for properties in the R-4 and
commercial districts shall be limited to those creating new low-, very low- or
moderate-income housing through conversion of existing floor space occupied by
market-rate housing or occupied by nonresidential uses. Properties that are not
currently on the register shall not be eligible for a Mills Act contracts with the City.
3. Term of Contract. All Mills Act contracts shall have a term of 10 years and
one year shall be added to this term annually upon each anniversary date of the
contract unless one or both parties have taken action to terminate the contract.
The City Administrator shall be authorized to initiate contract termination on
behalf of the City based on recommendations of the Department. The contract
rights and obligations are binding upon all successive owners of the property
during the life of the contract. The property retains the lower Mills Act tax rate
when the property is sold. To end a contract, either party may submit a notice of
nonrenewal to the other party. Such notices shall cause the contract to terminate
at the end of the then-current 10-year contract period. Cancellation of a contract
by the City due to noncompliance requires a public hearing and, if cancelled,
results in the immediate termination of the contract and a penalty equal to 12.5
percent of the assessed market value of the property.
4. Contract Requirements. The contract will require that the historic
elements of the property are maintained in good condition. This will include a
plan for maintenance and may include a program to restore deteriorated
elements. All recipients of Mills Act contracts are required to implement a
maintenance plan prepared by a qualified professional and to submit an annual
report to the Department specifying all work that has been done to maintain and
preserve the historic resource over the year in compliance with the approved
maintenance plan. All maintenance work shall be completed in conformance with
the Secretary of Interior’s Standards for Rehabilitation. All Mills Act contracts
shall specify that the maintenance plan shall be updated at least every 10 years
by a qualified professional and approved by both parties.
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5. Applications.
a. Staff shall make available appropriate Mills Act application materials.
Applications for contracts that will commence in the following calendar year shall
be submitted no later than June 30th of each year. This annual schedule
provides sufficient time from receipt of application materials for a
recommendation by the Board, the City Council to approve and the City Clerk to
cause to be recorded approved contracts within the calendar year in which
application materials are received. The contract term would begin January 1st of
the year following the application.
b. The following materials are required for a complete application:
i. A completed application form and all filing fees as established by
resolution of the City Council.
ii. A full legal description of the property attached and labeled “Exhibit A.”
iii. A rehabiliation and maintenance plan for the historic resource prepared
or reviewed by a qualified professional together with a cost estimate of the work
to be done attached and labeled as “Exhibit B.”
iv. Photos of the exterior of the property attached as “to assist in the
rehabilitation and maintenance of the property attached as “Exhibit D”.
6. Review Process.
a. Upon submittal of a complete application, staff will prepare a staff report
for review by the Board. The Board shall consider each application for a Mills Act
contract and make recommendations to the City Council to approve, approve
with conditions or deny the application.
b. The City Council shall, in a public hearing, consider recommendations
from the Board and resolve to approve, approve with conditions, or deny the
proposed contract with sufficient time for action by the City Clerk so that
recordation of approved contracts occurs prior to December 31st of the year in
which the application is received.
c. To grant approval of a Mills Act contract, the Board and City Council shall
make all of the following findings:
i. The building is designated as an historic resource by the City and is listed
on the Carmel Register.
ii. The proposed rehabilitation and maintenance plan is appropriate in
scope and sufficient in detail to guide long-term maintenance. Required
maintenance and rehabiliation should be more significant than just routine
maintenance that would be expected for any property.
iii. Alterations to the historic resource have been in the past, and will
continue to be in the future, limited to interior work and to exterior rehabilitation
and alterations that:
(A) Comply with the Secretary’s Standards (future additions only), and do
not affect the basic form and design of the original historic resource , and
(B) Do not significantly alter affect any primary elevation, and
(C) Do not alter, damage or diminish any character-defining feature, and
(D) Do not increase floor area on the property by more than 15 percent
beyond the amount established in the documented original or historic design of
the resource, and
2
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3
(E) Do not result in any second-story addition to a single-story historic
resource. , and
(F) Meet all zoning standards applicable to the location of the property.
iv. The Mills Act contract will aid in offsetting the costs of rehabilitating
and/or maintaining the historic resource. and/or will offset potential losses of
income that might otherwise be achieved on the property.
v. Approval of the Mills Act contract will represent an equitable balance of
public and private interests and will not result in substantial adverse financial
impact on the City.
d. Upon approval of a contract by the City Council, the City Clerk shall
transmit the contract, with the appropriate fee, to the County Recorder’s Office.
The property owner is responsible for all filing fees. After recordation, the
recorded contract shall be transmitted to the County Assessor. The Assessor
calculates the exact tax savings. Property owners are required to report to the
State Office of Historic Preservation that a Mills Act contract has been
completed.
e. The City Council may establish by Resolution a limit on the number
of contracts that can be approved during any calendar year.
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Executive Summary
Supplement to Documents Previously Provided By David D. Hutchings
For April 6, 2010 Carmel City Council Meeting Pertaining to the Mills Act
Disagreement with Proposed Exhibit A
My disagreement with Exhibit A centers around the language stated as the “Primary Purpose”
for offering the Mills Act”. It is my belief that the current proposed language is not in compliance
with the California Code, the California Guidelines, and the Ca. OHP Tech. Bulletin #12.
Staff recommends that Exhibit A should read:
“The primary purpose for offering Mills Act contracts in the City of Carmel-by-the-
Sea is to assist in the rehabilitation and long term-maintenance of historic
resources”.
It is my belief that Exhibit A to be in compliance should read:
“The primary purpose for offering Mills Act contracts in the City of Carmel-by-the-
Sea is to assist in the rehabilitation and / or long term-maintenance of historic
resources”.
Point / Authorities and Brief Discussion for My Belief:
1. Ca. Code 50281(b) (1) clearly states “For the preservation of the qualified historic
property and when necessary to restore and rehabilitate the property”.
Mandating rehabilitation rewrites the “when necessary” provision of the law. The
Code only mandates long-term preservation / maintenance, not rehabilitation.
2. Ca. Guidelines state “When property is placed under such a contract, the owner
agrees to restore the property if necessary, maintain its historic character, and use it
in a manner compatible with its historic characteristics”.
Ca. Guidelines requires restoration only if necessary, but mandates maintenance of
the historic character of the property.
3. The Ca. OHP Mills Act Property Tax Abatement Program Technical Assistance
Bulletin #12 states “The Mills Act program is especially beneficial for recent buyers of
historic properties and for current owners of historic buildings who have made major
improvements to their properties”.
The Ca. OHP Bulletin #12 does not say “who will make major improvements to their
properties but rather says who have made major improvements to their properties.
4. The City of Monterey (the nearest major city) in their criteria clearly state that “The
Mills Act Contract will serve to offset the costs of rehabilitation and/or maintaining the
cultural resource”.
City’s Discretion to Determine Approved Mills Act Contracts Would Not Change
Because approval of the Mills Act by the City is discretionary, the City’s discretion to
determine which properties are approved if my proposed language was implemented would not
change. The City could still only approve Mills Act contracts for historic properties requiring just
rehabilitation but would not exclude for consideration historic properties already fully restored
requiring long term-maintenance to preserve historic character.

CITY COUNCIL: Ordinance Establishing Regulations of the Monterey County Regional Taxi Authority

Meeting Date: May 4, 2010
Prepared by: George E. Rawson

City Council
Agenda Item Summary

Name: Consideration of an Ordinance of the City Council of the City of Carmel-by-the-Sea Amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority.

Description: The incorporated cities of Monterey County, along with the Monterey Airport and Monterey-Salinas Transit (MST), are forming a Regional Taxi Authority (RTA). To participate in the RTA, the existing Ordinance must be repealed and replaced with a new Ordinance that incorporates the RTA regulations by reference.

Overall Cost:
City Funds: N/A

Staff Recommendation:
Adopt the Ordinance, amending Chapter 9.80 of the Municipal Code related to “Taxicab Regulations”. The proposed Ordinance was reviewed and approved in form by the City Attorney.

Important Considerations:
The RTA regulations are designed to comply with Government Code § 53075.5 to protect the health, safety, and welfare of persons utilizing taxicab services.

Decision Record: None

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

Meeting Date: May 4, 2010
Prepared by: Michael B. Calhoun
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
MICHAEL CALHOUN, POLICE COMMANDER
DATE: MAY 4, 2010
SUBJECT: CONSIDERATION OF 1) A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR A MONTEREY COUNTY REGIONAL TAXI AUTHORITY AND 2) AN
ORDINANCE AMENDING CHAPTER 9.80 OF THE MUNICIPAL CODE TO ESTABLISH REGULATIONS OF THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY

RECOMMENDED MOTION:
It is recommended that the City Council:
1. Adopt the Resolution approving a Joint Powers Agreement for a Monterey County Regional Taxi Authority.

2. Adopt the Ordinance (Item IX-B on this agenda) amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority.

BACKGROUND:
The City of Carmel-by-the-Sea agreed to participate in a joint Monterey County Regional
Taxi Study to include the County of Monterey (“County”), all incorporated Cities
located in Monterey County (collectively, the “Cities”), the Monterey Peninsula Airport
District (“MPAD”) and Monterey Salinas Transit (“MST”).
In March 2009, the City Council received a presentation of a draft proposal from the
Transportation Agency for Monterey County (TAMC) on the Regional Taxi Study. The
Taxi Study recommended that the City delegate its powers to permit and regulate taxi
activities to a new Authority administered by Monterey-Salinas Transit. To implement
the City Council action, City staff has been coordinating with TAMC to establish a
Regional Taxi Authority in Monterey County.
Each municipality now is responsible for the permitting and regulation of taxicab
operations within its respective boundaries; with each agency having adopted different
regulations or requirements governing taxicab operations. Each taxi company or driver must currently possess the appropriate permits for each individual jurisdiction in which
they intend to operate a taxicab.
The Peninsula Police Chiefs and the Monterey County Hospitality Association requested
TAMC prepare a Regional Taxi Study. The study, completed in late 2008, addresses the
following regional taxi issues and concerns:
• Inconsistent enforcement of taxi regulations and response to customer complaints;
• Safety and service quality;
• Inconsistent access to the taxi market, including the Monterey Peninsula Airport,
for drivers and companies across the county resulting in service issues for taxi
customers;
• Access to taxi service for the elderly and persons with disabilities; and
• Cost of taxi regulation and enforcement for jurisdictions.
To address these various issues, the Study recommended that MST administer a Regional
Taxi Authority to include the MST member jurisdictions and the Monterey Peninsula
Airport District that is similar to existing regulatory models (examples: Orange County
and San Diego). To implement this vision, the City must delegate its powers to MST and
amend the City’s existing Ordinance (see item IX-B).
STAFF REVIEW
At this meeting, the City Council will consider two documents: approval of a Resolution
establishing a Joint Powers Agreement; and an ordinance amending Municipal Code
Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County
Regional Taxi Authority.
The proposed Joint Powers Agreement establishes a Regional Taxi Authority, including
the members of MST and representation from the Airport District, and designates MST as
the Regional Taxi Authority administrator. The Regional Taxi Authority will be
empowered to make all necessary findings and actions associated with taxi permitting
and regulation, including approval of permits and the regulation of taxi fares. MST has
agreed to assume this role given that it already performs many of the necessary functions,
such as inspections and background checks, and is expanding its mission to implement
taxi voucher programs and wheelchair accessible taxicabs across the County.
The Authority will incorporate a “one-stop-shop” for taxi permitting, which will
streamline the existing jurisdiction-by-jurisdiction requirements. Under the new
Authority, the Airport will require a surcharge on airport trips to fund improvements
required to enhance taxi access and accommodate the new program. Existing taxi scrip
programs in Monterey, Seaside and Carmel-by-the-Sea will continue under the regional
authority.
The proposed Municipal Code amendments incorporate the Regional Taxi Authority
regulations by reference, based on input from local police chiefs, staff and attorneys.
63
The expected long-term benefits associated with the proposed Authority, as articulated in
the Regional Taxi Study, include more consistent and convenient taxi service or coverage
for customers, improved enforcement based on a uniform set of regulations adopted
across the county, improved access for the elderly and persons with disabilities, and cost
savings for jurisdictions associated with staff responsibilities transferred to the new
Authority.
Staff recommends the City Council approve the attached Resolution creating a Joint
Powers Agreement for a Monterey County Regional Taxi Authority and approve the
Ordinance amending Municipal Code Chapter 9.80 (see Item IX-B) to establish
regulations of the Monterey County Regional Taxi Authority.
FISCAL IMPACT:
Permit fees collected from drivers will fund the Authority’s administrative costs and be
cost-neutral for the member jurisdictions overtime. To reduce the fiscal impact of startup,
MST has requested each member make a one-time contribution toward these costs,
estimated to be up to approximately $2,600 per member if divided equally. These costs
will most likely be reduced by contracting-out administrative functions and other costsavings
measures being undertaken.
SUMMARY:
The police chiefs and staff of the Peninsula communities, including representatives from
MST and the Monterey Airport District recognize that a Regional Taxi Authority will
considerably streamline the existing jurisdiction-by-jurisdiction requirements. The new
Authority will provide the long-term benefits of eliminating duplication of efforts,
providing more consistent and convenient taxi services for customers, improving
enforcement based on a uniform set of regulations adopted across the county, improving
access for the elderly and persons with disabilities, and reducing costs by freeing up
existing local staff for other duties.
64
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
ORDINANCE 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AMENDING CHAPTER 9.80 OF THE MUNICIPAL CODE
TO ESTABLISH REGULATIONS OF THE
MONTEREY COUNTY REGIONAL TAXI AUTHORITY
WHEREAS, each municipality in Monterey County is presently responsible for the
licensing and regulation of taxicab operations within their respective boundaries; and.
WHEREAS, the Transportation Agency for Monterey County (“TAMC”) was asked
by the Monterey Peninsula Police Chiefs and the Monterey County Hospitality Association to
prepare a Regional Taxi Study to identify regional issues regarding taxi service, and to make
recommendations regarding a Regional Taxi Authority (“RTA” or “Authority”) that would
assume the responsibilities of each jurisdiction for taxi permitting; and
WHEREAS, the Study recommended Monterey-Salinas Transit (“MST”) administer a
Regional Taxi Authority, to include the MST member jurisdictions and the MPAD, to
incorporate a “one-stop-shop” for taxi permitting; and
WHEREAS, the City Council of Carmel by-the Sea (“City”) has the opportunity to
participate in a Joint Powers Agreement (“JPA”) establishing the Regional Taxi Authority;
and
WHEREAS, California Government Code § 53075.5 requires each city to adopt an
ordinance or resolution in regard to taxicab transportation service within the city, including
the regulation of employment of taxicab drivers, establishment or registration of rates for
taxicab transportation service, and a drug and alcohol testing program; and
WHEREAS, the proposed ordinance must be adopted by the Council to replace
existing ordinances and incorporate the RTA regulations by reference, which are designed to
comply with Government Code § 53075.5 and to protect the health, safety, and welfare of
persons utilizing taxicab services in member agencies (“Regulations”); and
WHEREAS, the Council desires to adopt the regulations in the form of an
Amendment to the Municipal Code; and
WHEREAS, notice of the public hearing was published in The Carmel Pine Cone on
April 23, 2010; and
WHEREAS, this ordinance amends the Municipal Code to repeal and reenact Chapter
9.80 entitled “Taxicabs” to establish the RTA.
65
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby resolve to:
Repeal Municipal Code Chapter 9.80 Taxicabs as specified in Attachment “A.”
Reenact Municipal Code Chapter 9.80 Taxicabs as specified in Attachment “B.”
Severability. If any part of this Ordinance, even as small a work or phrase, is found to be
unenforceable such finding shall not affect the enforceability of any other part.
Effective Date: This Ordinance shall become effective 30 days after final adoption by the
City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA on this _____ day of _____ 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
____________________________
SUE McCLOUD, MAYOR
ATTEST:
____________________________
Heidi Burch, City Clerk
66
Taxi Ordinance Amendment
Attachment “A”
Chapter 9.80
TAXICABS*
Sections:
9.80.010 Definitions.
9.80.020 Permit – Required.
9.80.030 Permit – Conditions.
9.80.040 Permit – Renewal – Transfer.
9.80.050 Permit – Power to Revoke.
9.80.060 Permit – Application and Renewal Fee.
9.80.070 Permit – Certificate.
9.80.080 Chief of Police – Duty to Enforce.
9.80.090 Appeal – Hearing.
* For statutory provisions authorizing local authorities to license and regulate vehicles for hire, see Vehicle
Code §§ 16501, 2110 and 2112; for provisions on financial responsibility of commercial passenger
vehicles, see Vehicle Code § 16500 et seq.
9.80.010 Definitions.
For the purpose of this title, the following terms shall be deemed and construed to
have the meanings respectively ascribed to them in this section, unless from the
particular context it clearly appears that some other meaning is intended.
A. “Driver” means and includes every person in actual charge and control of any
taxicab as the driver thereof.
B. “Motor vehicle” means every self-propelled vehicle used for transportation of
persons over the public highways otherwise than upon fixed rails of tracks.
C. “Owner” means and includes every person, firm or corporation owning or
controlling any taxicab or automobile for hire.
D. “Taxicab” means and includes every motor vehicle used in the business of carrying
passengers for hire, the destination and route of which are under the control of the
passenger or passengers being carried therein. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2
§ 3 (Exh. C), 1988).
9.80.020 Permit – Required.
It is unlawful for any driver to operate or drive any taxicab unless the driver thereof
has obtained a driver’s permit as provided in this title, and the permit is in full force and
effect. The application for such a driver’s permit shall be made to the Chief of Police.
The permit shall set forth the following information about the applicant: name, age,
address, past experience in operating automobiles, the names and addresses of
employers during the preceding period of three years, driver’s license number, whether
or not a driver’s license issued to the applicant by the State of California or any other
State or governmental agency has ever been suspended, cancelled or revoked,
whether the applicant has ever been convicted of a felony or a misdemeanor, the name
and address of the owner by whom the applicant will be employed as a driver (the
owner shall endorse the application), and such additional information as the Chief of
Police may require. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.030 Permit – Conditions.
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Taxi Ordinance Amendment
Attachment “A”
A. Upon application for a driver’s permit, and before it shall be issued, the driver,
whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws
of the City and of the State, and demonstrate ability to operate the type of motor vehicle
for which the driver’s permit is sought, to the satisfaction of the Chief of Police. Upon
satisfying the foregoing requirements, the driver shall be fingerprinted by, and her/his
record filed in, the Police Department Bureau of Identification. Every driver’s permit
issued under this chapter shall set forth the name of the owner by whom the driver is
employed and shall be valid only so long as the driver continues in the employ of such
owner. Upon the termination of such employment, the driver shall forthwith surrender
the driver’s permit to the Chief of Police. No such driver’s permit shall be granted to any
person under the age of 21 years. Such driver’s permit may be denied upon substantial
evidence of facts of either physical or moral deficiencies of the applicant which in the
sound discretion of the Chief of Police would render an applicant not a competent
person to operate a taxicab or automobile for hire; provided, however, that no permit
shall be issued to any person who shall have been convicted in the courts of any State
of the United States or any United States’ court of any of the following offenses:
1. Any felony;
2. Driving a motor vehicle in a reckless manner or while under the influence of
an intoxicant or narcotics;
3. Imparting knowledge for the illegal obtaining of narcotics or intoxicating
liquors;
4. Assault and battery;
5. Any law or ordinance involving moral turpitude;
6. Violating any of the provisions of this chapter.
B. Convictions which have been expunged or followed by dismissal may be taken into
consideration by the Chief of Police but shall not automatically result in the denial of a
permit. Before denying a permit on the basis of substantial evidence of facts of either
physical or moral deficiencies, the Chief of Police shall inform the applicant of the act on
which the proposed denial is based and offer the applicant an opportunity to present to
the Chief of Police facts which would rebut the evidence on which the proposed denial
is based. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.040 Permit – Renewal – Transfer.
No driver’s permit issued pursuant to this code shall be transferable. Each driver’s
permit shall be issued for one year and shall be renewed annually within two weeks
prior to the day and month of its issuance. At the time of renewal, any information which
is no longer accurate which appears on the application for the permit shall be updated
so that the Police Department is in possession of a completely updated application on
the date of the renewal. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.050 Permit – Power to Revoke.
The Chief of Police shall have the power to revoke or suspend any driver’s permit
issued under this title in the event the holder thereof shall be found guilty of a violation
of any of the provisions of this code or shall be found guilty of reckless driving, or if s/he
has violated any other law, which is sufficient evidence of the fact that said driver is not
a competent person to operate the motor vehicle for which the driver’s permit was
issued. In the event of such revocation or suspension of a driver’s permit, such
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Taxi Ordinance Amendment
Attachment “A”
certificate as may be issued in connection therewith shall be, by the holder thereof,
forthwith surrendered to the Chief of Police. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3
(Exh. C), 1988).
9.80.060 Permit – Application and Renewal Fee.
To cover administrative costs, application and renewal fees shall be paid by each
applicant for a driver’s permit. All such fees shall accompany the application or request
for renewal and shall be collected on behalf of the City by the Chief of Police. The
amount of said fees shall be established by resolution of the City Council and may be
amended from time to time. (Ord. 93-29 § 1 (Exh. A), 1993; Ord. 90-5 § 2 (Exh. A),
1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.070 Permit – Certificate.
When any permit is granted under this chapter, the Chief of Police shall issue to the
grantee thereof a certificate giving the name and address of the grantee, the nature of
the permit granted, and the name and address of the owner. (Ord. 90-5 § 2 (Exh. A),
1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.080 Chief of Police – Duty to Enforce.
It shall be the duty of the Chief of Police of the City to enforce the provisions of this
chapter. (Ord. 90-5 § 2 (Exh. A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
9.80.090 Appeal – Hearing.
Any person who shall have been refused an operator’s permit, or whose operator’s
permit shall have been revoked or renewal refused by the Chief of Police, may, within
10 days after the receipt of notice thereof, appeal to the City Council for hearing
thereon. The City Council shall at its next regular meeting hear the appellant and the
appellant’s witnesses, and its determination in this regard shall be final. If no appeal is
taken within 10 days, the action of the Chief of Police shall be final. (Ord. 90-5 § 2 (Exh.
A), 1990; Ord. 88-2 § 3 (Exh. C), 1988).
dtSearch 7.61 (7769)
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CHAPTER 9.80
TAXICABS
9.08.010 General Provision.
9.08.020 Definitions.
9.08.030 Determination of number of taxicabs to be operated in the City.
9.08.040 Continued operation of authorized business required.
9.08.050 Compliance with state and local laws and regulations.
9.08.060 Insurance requirements and hold harmless
9.08.070 Rates and fares - generally
9.08.080 Condition of vehicles generally.
9.08.090 Exterior signage required
9.08.100 “For Hire” lights required
9.08.110 Illumination of passenger compartment required at certain times.
9.08.120 Inspection of vehicles; inspection fee.
9.08.130 Establishment and use of taxicab stands.
9.08.140 Solicitation of passengers prohibited; exception.
9.08.150 Vehicles standing in streets or public place prohibited; exception.
9.08.160 Prohibited conduct by drivers.
9.08.170 Authorization to pick-up passengers by permitted drivers.
9.08.180 Keeping of tripsheets required.
9.08.190 Keeping of records by owners required.
9.08.200 Reports of found property.
9.08.210 Service to general public.
9.08.220 Owner’s permit required.
9.08.230 Taxicab Driver’s Permit required.
9.08.240 Mandatory controlled substance and alcohol testing program.
9.08.250 Taximeters.
9.08.010 General Provision.
It shall be unlawful for any person, firm, or corporation to operate any taxicab business,
or for any owner or driver to operate or drive any taxicab except in compliance with the
provisions of this Chapter.
9.08.020 Definitions.
For purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this Section:
“Certificate” means a certificate of public convenience and necessity issued by the
Regional Taxi Authority.
“Driver” means every person in charge of operating any taxicab, either as owner, agent,
employee, or otherwise, or under the direction of an owner.
“Owner” means every person, firm, or corporation that owns or has contracted for the use
or control of any taxicab, whether as owner, lessee, or otherwise.
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“Regional Taxi Authority,” “Authority,” or “RTA” means the Monterey County Regional
Taxi Authority.
“Regional Taxi Authority Area” means the land areas under the jurisdiction of the
member entities of the Regional Taxi Authority.
“Taxicab” means a passenger automobile equipped with a taximeter and used for
transportation of passengers over public streets and highways but not over a defined route
and irrespective of whether the travel extends beyond the City limits, and operated at
rates per mile or waiting time or both.
“Taximeter” means a mechanical or electronic instrument or device by which the charge
for hire of a taxicab is mechanically or electronically calculated based on rates
established by the Regional Taxi Authority, either for distance traveled, for waiting time,
or both, and upon which the charges are plainly registered by means of figures indicating
dollars and cents.
“Taxistand” means a place on public property or streets approved by the City as a place
where taxicabs may park and wait for hire.
9.08.030 Determination of number of taxicab businesses in the City.
No person shall engage in the business of operating any taxicab business within the City
without first having obtained a certificate of public convenience and necessity
(“Certificate") from the Regional Taxi Authority and an owner's permit. The Regional
Taxi Authority shall determine whether the number of taxicabs operating in the Regional
Taxi Authority Area meets the needs of the general public, and shall issue a Certificate to
any taxicab business only if it finds the public convenience and necessity support the
addition of more taxicabs operating within the Authority Area.
9.08.040 Continued operation of authorized business required.
Every person holding an owner’s permit under the provisions of this Chapter shall
regularly and daily operate the taxicab business from taxistands within the City to the
extent reasonably necessary to meet public demand for such service on a 24 hour a day
basis. Failure to comply with this provision shall constitute abandonment of service and
the Regional Taxi Authority, after a noticed public hearing, may revoke the owner’s
permit if a violation of this section is demonstrated.
9.08.050 Compliance with state and local laws and regulations.
All taxicabs authorized to operate with the City shall be properly licensed with the
California Department of Motor Vehicles, and shall further comply with all state and
local laws and regulations relating to the licensing and commercial operation of taxicabs.
All taxicabs shall be registered under the firm name or the name of the individual holding
the owner’s permit.
No vehicle used or intended to be used in taxicab service in the City shall be rented to
any owner or driver unless such owner or driver has obtained the appropriate permit(s)
pursuant to this Chapter.
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9.08.060 Insurance requirements and hold harmless.
All taxicabs authorized to operate within the City shall, and by acceptance of the
Regional Taxi Authority taxicab permit, do agree to hereby indemnify, defend and hold
the Regional Taxi Authority, its member jurisdictions, their officers, employees and
agents harmless from any and all damages, claims, liabilities, costs, suits, or other
expense resulting from and arising out of their taxicab operations.
It shall be unlawful to drive or operate any taxicab in the City unless the vehicle owner
possesses current, valid commercial general liability and vehicle liability in amounts and
with conditions acceptable to the Regional Taxi Authority and evidenced through
certificates of insurance filed with the Authority.
The owner’s insurance shall remain in full force, at a level at least equal to the minimum
requirements of the Regional Taxi Authority, or the owner’s permit shall automatically
be suspended until such time as full compliance with the requirements of this section are
demonstrated to the Authority’s satisfaction.
9.08.070 Rates and fares - generally.
The Board of the Regional Taxi Authority, upon its own motion or upon application of an
owner's permit holder, may set, establish, change, modify or amend the schedule of rates
to be charged by all vehicles operated by each holder of an owner's permit under the
provisions of this Chapter. No rates shall be set, established, changed, modified or
amended without a public hearing before the Board. Notice of such hearing shall be given
to each owner's permit holder, in writing, by the Board at least five (5) days before such
hearing, and the Board may give such other notice as it shall deem necessary.
Fares shall be conspicuously displayed in the passenger compartment of each taxicab
where it is readily visible and readable by passengers in front and rear seats.
The taxicab rate or fare shall be determined by a taximeter in accordance with the
schedule established by the Regional Taxi Authority. Following public hearing as
required herein, the Authority shall establish the rate or fare by resolution.
It shall be unlawful to fix, charge, or collect a rate in excess of the rate schedule approved
by the Regional Taxi Authority.
9.08.080 Condition of vehicles - generally.
No owner or driver shall operate, permit to be operated, or cause to be operated any
motor vehicle for hire while the same or any of the equipment used thereon or therewith
is in a defective, unsafe or unsanitary condition.
9.08.090 Exterior signage required.
Every taxicab operated in the City shall have displayed on each side and the rear of the
vehicle the taxicab business name as it appears on the owner’s permit, together with the
owner’s identification number and the telephone number of the taxicab business. The
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lettering of the signs and all signs to be displayed on any taxicab shall be approved by the
Regional Taxi Authority.
9.08.100 “For Hire” lights required.
Every taxicab shall be equipped with a “For Hire” light attached to the top of the roof or
to the top of the dome light. The light of the “For Hire” light unit shall be connected to a
contact switch attached to the taximeter, and such contact switch shall operate
automatically to illuminate the “For Hire” light when the taximeter is not in operation,
indicating the cab is vacant and for hire, and to extinguish such light when the taximeter
is in operation. No person shall drive or operate any taxicab with such a light illuminated
while carrying passengers for compensation; or drive or operate any taxicab unless such a
light is illuminated when such taxicab is for hire.
9.08.110 Illumination of passenger compartment required at certain times.
Every motor vehicle for hire shall at all times be equipped with a light of not less than
two candlepower within such vehicle, so arranged as to illuminate the entire passenger
compartment, which light shall be kept constantly lighted at all times while any
passengers are being loaded into or unloaded from any such vehicle from one-half hour
after sunset of any day until one-half hour before sunrise of the next day, and no shades
or blinds shall be drawn over the windows of any such vehicle while the same is
occupied.
9.08.120 Inspection of vehicles; inspection fee.
(a) All taxicabs shall submit to an annual inspection as required by the Regional Taxi
Authority. All taxicabs shall possess all of the equipment listed on the Regional Taxi
Authority Taxicab Safety Inspection Checklist, and all such equipment shall be in good
working order and repair. The Authority shall establish the standard for good working
order.
(b) Upon satisfactory completion of such inspection, the Regional Taxi Authority
shall issue and affix an approval decal or sticker to the taxicab that authorizes the
operation of the vehicle for a one-year period. All decals issued by the Authority shall be
displayed at the rear of the vehicle on the driver’s side rear window. It shall be unlawful
to transfer the decal or sticker to any other vehicle, and no taxicab shall be operated
without a valid decal or sticker properly displayed.
(c) Any law enforcement officer shall have the right and shall be permitted at any
time to inspect any taxicab to ascertain whether the provisions of this Chapter are being
met. During an inspection, the driver of the taxicab shall produce for inspection the
following documents:
(1) valid California vehicle registration;
(2) valid proof of insurance document; and
(3) a valid California driver’s license.
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(d) The Regional Taxi Authority shall establish a taxicab safety inspection fee that
shall be due annually upon inspection.
(e) Any taxicab that fails any safety inspection shall be given an opportunity to make
repairs or correct defects and be re-inspected. Any such cab failing an inspection shall be
removed from service until such time as compliance is met. A safety inspection is
“failed” if any law enforcement officer or Regional Taxi Authority or City designated
mechanic determines the vehicle is not in compliance with the provisions of this Chapter
or any required inspection program established by the Authority, or if the taxicab is
unsafe, unsanitary, or unsightly. Any such taxicab shall be removed from service until
such conditions are corrected. Such vehicle shall be re-inspected prior to being returned
to service.
(f) Should a law enforcement officer or a Regional Taxi Authority employee
determine that a taxi should be removed from service, such person is authorized to
remove the decal or sticker designating that the taxi is authorized to operate. When the
taxi has satisfactorily passed an inspection, a new decal or sticker will be issued by the
Regional Taxi Authority and a nominal fee will be charged for the new decal or sticker.
9.08.130 Establishment and use of taxicab stands.
(a) The City Council may, by resolution, locate and designate taxicab stands or
designated curb space on any public street in the City, which stands, when so established,
shall be appropriately designated, “Taxis Only.” Taxicab stands so established shall be in
operation during the hours designated by the City Council.
(b) If designated taxicab stands are so established, no owner, driver or operator of any
taxicab shall allow such taxicab to remain parked, while awaiting employment, except in
a regularly established taxicab stand. Taxicabs may park in any available parking space
when actually engaged in loading or unloading passengers if permitted by ordinance.
9.08.140 Solicitation of passengers prohibited; exception.
No taxicab driver, or person acting on behalf of any such driver, shall solicit passengers
except from an approved taxicab stand.
9.08.150 Taxicabs standing in streets or public place prohibited; exception.
No taxicab shall be allowed to remain standing on a public street or in a public place
unless it is attended by a driver, except when the driver is assisting passengers to load or
unload, is answering his telephone or displays a sign reading “Not for Hire.”
9.08.160 Prohibited conduct by drivers.
(a) No driver, or any person acting on behalf of any such driver, shall engage in any
disorderly or inappropriate conduct while in the performance of his or her duties as a
taxicab operator, including, but not limited to, obstruction of any street or sidewalk,
making of loud or unusual noises to attract the attention of potential customers, use of
indecent, profane, or obscene language, boisterous or loud talking that might disturb the
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peace and quiet of others in the area, harassment of passersby, interference with,
obstruction of, or impeding of the free passage of potential passengers, or seizing or
grabbing any baggage carried by or belonging to potential passengers prior to being hired
to provide transportation.
(b) No taxicab driver shall smoke or permit any smoking to occur within any taxicab
at any time. No smoking signs shall be prominently displayed in every taxicab.
9.08.170 Authorization to pick-up passengers by permitted drivers.
Taxis that have been permitted by the Regional Taxi Authority can pick-up passengers
within and between the Authority Area. Taxis authorized to operate in other jurisdictions
not participating in the Regional Taxi Authority may drop-off but not pick-up passengers
within the Authority area.
9.08.180 Keeping of tripsheets required.
The driver of each taxicab shall keep a separate tripsheet of every service rendered by the
driver, and shall include the following information:
(a) the location where the passenger(s) entered the taxicab;
(b) the number of passengers;
(c) the time the passengers entered the taxicab;
(d) the location where the passengers were discharged; and
(e) the amount of fare collected.
The owner of every taxicab shall keep such tripsheets in the business office for a
period of one (1) year after the date service is rendered, and they shall be open
and available for inspection by any representative of the Regional Taxi Authority
at all times during business hours. The falsification of any tripsheet by any owner
or driver shall be grounds for revocation of his or her permit.
9.08.190 Keeping of records by owners required.
(a) The owner of every taxicab business shall keep a dispatch sheet which shows the
time of dispatch of every taxicab.
(b) Every owner and every employer of taxicab drivers, including self-employed
drivers, shall keep and maintain a complete and accurate record of all drivers,
which record shall show for each employee his or her name, address, date of hire,
date of termination, the number of the taxicab operated by the driver, the hours of
employment for each driver, a list of absences from employment, and all motor
vehicle violations, all traffic accidents, all complaints received from passengers or
others, and the test results from controlled substance and alcohol testing. These
records shall be subject to inspection by the Regional Taxi Authority at any time
upon demand, and shall not be destroyed without the written permission of the
Authority.
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(c) Every taxicab owner and employer of taxicab drivers shall notify the Regional
Taxi Authority in writing within five (5) working days upon termination of
employment of any taxicab driver.
9.08.200 Reports of found property.
(a) All property found in taxicabs not belonging to the driver or the taxicab owner
shall be delivered to Monterey-Salinas Transit within 24 hours of discovery
unless otherwise returned to the rightful owner. Every owner shall keep a log of
all found property.
(b) Every owner and driver shall attempt to return found property to any person
claiming to have lost or left property in a taxicab. If the lost property is not found,
the owner and driver shall advise the passenger to file a lost property report with
the Police Department within the jurisdiction of the drop-off point.
9.08.210 Service to general public.
(a) No driver of any taxicab shall refuse to carry any person seeking transportation
and tendering the fare for the service within the City unless the vehicle is already
in service, the person seeking transportation is unruly, boisterous, or intoxicated,
or where the person seeking transportation is known to the driver to have been
unruly, created problems of a confrontational nature or refused full payment in the
past.
(b) The Regional Taxi Authority shall be responsible for maintaining files of and
investigating complaints regarding taxicab service and shall initiate appropriate
action against taxicab drivers and owners when a complaint or complaints warrant
such action.
9.08.220 Owner’s permit.
(a) No person shall engage in the business of operating any taxicab within the City
without first having obtained an owner’s permit from the Regional Taxi
Authority, except as otherwise provided in this Chapter.
(b) An owner’s permit shall be required for each additional or different taxicab.
(c) If a permitee wishes to substitute one vehicle for another, he or she shall file an
application with the Regional Taxi Authority who shall cause the taxicab to be
submitted to a normal safety inspection, and if the vehicle passes, an approval
decal or sticker will be affixed to the substitute taxicab and the decal or sticker
will be removed from the original vehicle.
(d) Owner’s permit application; application fee. All persons or businesses applying
for an owner’s permit under this Chapter shall file with the Regional Taxi
Authority an application, under penalty of perjury, including the following
information:
(1) The name, residence and business address(es) of the applicant.
(2) Social security numbers, driver’s license numbers, and dates of birth for
all persons named in the application. If the applicant is a partnership or
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corporation, then the information shall be provided for each partner or
corporate officer.
(3) Fictitious name under which the business is proposed to operate.
(4) Whether any license, permit, or certificate sought by the applicant has
been denied, revoked, or suspended by any public agency, explaining in
full the circumstances of any denial, revocation, or suspension.
(5) The number and type of vehicles proposed to be operated in the business,
including year, make, model, license number, VIN, and company-assigned
taxicab number.
(6) The color, name, monogram of insignia to appear on the vehicles.
(7) A complete schedule of fares or rates to be charged and services to be
operated, demonstrating compliance with existing fares and rates as
established by the Regional Taxi Authority.
(8) The location where the business will be operated, including dispatch
facilities, storage facilities, repair and maintenance facilities, and fuel
dispensing operations.
(9) Copies of required insurance policies or if not yet issued, a written
statement from an insurer that such policies will be issued if the
application is granted.
(10) A statement as to whether any applicant, partner, or corporate officer, has
been convicted of any misdemeanor or crime, or violation of any
municipal ordinance other than minor parking and traffic offenses, the
nature of the offense and the punishment or penalty assessed.
(11) The facts upon which the applicant believes tends to prove that public
convenience and necessity require the granting of a permit.
(12) Such other information as the Regional Taxi Authority may deem
necessary for promotion of the public health, safety, and welfare.
The Regional Taxi Authority shall establish an owner’s permit application fee that shall
accompany any such application.
(e) Owner’s permit application process. Upon receipt of an application for an owner’s
permit under this Chapter, the Regional Taxi Authority staff shall undertake a
preliminary investigation to verify the criminal history information submitted by
the applicant and shall submit the applicant’s fingerprints to the State of
California for criminal history review.
The Regional Taxi Authority shall review the application and the recommendation from
the Authority staff to determine if it appears there is a need and necessity for the taxicab
services proposed, and whether the applicant is of suitable character to provide such
services. The Regional Taxi Authority may require the applicant to provide financial
information and other documentation to demonstrate the ability to appropriately and
lawfully operate the taxicab business proposed. The application shall be reviewed by the
Regional Taxi Authority at a noticed public hearing.
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The Regional Taxi Authority shall approve any such application only if the following
findings are first made:
(1) The applicant is financially responsible as determined by the Regional
Taxi Authority.
(2) The applicant is of good moral character consistent with federal, state, and
local laws for the public services that will be provided by the owner.
(3) Existing taxicab businesses are not adequately serving the public with
respect to taxicab services.
(4) Such additional taxicab service will not result in a greater hazard to the
public or create substantial traffic or parking problems.
(5) The application shall be denied if any of the following findings are first
made:
(A) The public convenience and necessity do not require the proposed
service.
(B) The application fails to contain any of the required information as
set forth above.
(f) Suspension or revocation of Owner’s Permit. The Regional Taxi Authority shall
have the power to suspend or revoke any owner’s permit to operate a taxicab for a
violation of any of the provisions of this Chapter or any ordinance relating to
traffic or use of streets; for a failure to pay any judgment for damages arising
from the unlawful or negligent operation of the public motor vehicle for which
any owner’s permit was issued; for conduct on the part of any owner which is not
conducive to proper service to the public, or to proper relationships with any
competitive owner; or for, but not limited to any of the following reasons:
(1) Providing late, false, or inaccurate information in the owner’s permit
application;
(2) Allowing operation of a taxicab by a driver not possessing a valid
Regional Taxi Authority Driver permit stating that the driver is affiliated
with the permittee;
(3) Failure to comply with the Authority’s regulations;
(4) Failure of authorized drivers to comply with the Authority’s regulations;
(5) Operation of any taxicab at a rate higher than the authorized fares;
(6) Failure to comply with the participating jurisdictions’ law enforcement
officers, code enforcement officers, Authority staff, and/or California
Highway Patrol;
(7) Operating its business without the insurance required in these regulations;
(8) Failure to comply with the drug and alcohol policy requirements in these
regulations;
(9) Failure to fully satisfy any court judgment entered against the company
arising from liability for operating cabs, including but not limited to,
judgments related to collisions or operating without the requisite
insurance, within 15 years after the judgment was originally entered; or
(10) Being held liable under any judgment, decision or determination by any
public or regulatory agency for operating cabs without the requisite
insurance after the adoption of these regulations.
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(g) Transferability. No owner’s permit issued under this Chapter shall be assignable
or transferable without the prior approval of the Regional Taxi Authority. Prior to
presenting the proposed assignment or transfer to the Authority, the transferee
shall first submit a statement with the Authority staff setting forth the information
required to be furnished on an original application as set forth in section 7.16.220
(d), above. The Authority shall investigate the transferee in the same manner as a
new applicant and make a recommendation to approve or disapprove the transfer
to the Regional Taxi Authority Board of Directors within forty-five (45) days
after the statement is received.
9.08.230 Taxicab Driver’s Permit required.
(a) It shall be unlawful for any person to operate any taxicab in the City unless he or
she has a valid taxicab driver’s permit issued by the Regional Taxi Authority.
The Regional Taxi Authority staff shall administer and maintain taxicab driver’s
permits and records for taxicabs operating in the City.
(b) Taxicab Driver’s Permit application; process. Application for a taxicab driver’s
permit shall be filed with the Authority, along with any fee(s) as established by
the Regional Taxi Authority for the issuance of such permit. The application shall
be in writing and made under penalty of perjury. The Authority shall undertake a
preliminary investigation to verify the criminal history information submitted by
the applicant and shall submit the applicant’s fingerprints to the State of
California for criminal history review. Any information submitted in the
application that is false, or any required information that is omitted, shall result in
denial of the permit. The application shall include but not be limited to the
following information:
(1) The name, age, and address of the applicant.
(2) Past experience operating motor vehicles generally and taxicabs specifically.
(3) The names and addresses of former employers during the preceding three (3)
year period.
(4) The places of residence during the preceding three (3) year period.
(5) Whether or not a driver’s license issued to the applicant has ever been revoked
or suspended.
(6) A copy of the applicant’s current driver’s license and a DMV H-6 Driving
Record and Vehicle Registration Report.
(7) An endorsement of the owner of the taxicab business for whom the applicant
seeks to drive a taxicab.
(8) Proof of the applicant’s negative test results for controlled substances and
alcohol.
Upon the request of an applicant, the Regional Taxi Authority shall provide a list of the
consortia certified pursuant to part 382 (commencing with § 382.101) of Title 49 of the
Code of Federal Regulations that the Authority knows offers controlled substance and
alcohol tests in Monterey County.
(c) Taxicab Driver’s Permit application fee. An application for a taxicab driver’s
permit shall be made to the Regional Taxi Authority, and at the time of filing such
application, a fee in an amount to be set by resolution shall be paid to the
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Regional Taxi Authority; provided that such fee shall include the amount set by
the state to cover the cost of processing such applications.
(d) Taxicab Driver’s Permit requirements and prohibitions. No taxicab driver’s
permit shall be issued to any person who:
(1) Is under age 21 at the time of application.
(2) Fails to provide documentation of either citizenship or employment
authorization as required by the Immigration and Reform Control Act of
1986 (8 USC § 1324a).
(3) Has been convicted of a felony.
(4) Has been convicted of any offense specified in the CA Vehicle Code
involving reckless driving or alcohol or drug offenses except convictions
more than seven (7) years old or whose convictions have been expunged
or set aside pursuant to satisfactory completion of a Court approved
diversion program.
(5) Has been convicted of two or more violations of the offenses set forth in
Sections 22349 through 22352 of the California Vehicle Code, and
amendments thereto, or any combination of either or any of such offenses
within one year immediately preceding submittal of an application for or
renewal of a driver’s permit;
(6) Fails to possess a valid driver’s license suitable for operation of a taxicab.
(7) Has received a positive test result in any random test for controlled
substances or alcohol within the past twelve (12) months.
(8) Provides false or materially incomplete information required for issuance
of the permit.
(9) Has been convicted of an offense which requires registration pursuant to
CA Penal Code § 290.
(10) Has been convicted within five (5) years of an offense involving the sale
of a controlled substance even if expunged pursuant to CA Penal Code §
1203.4.
(11) Has been convicted within five (5) years of any offense involving the use
of force or violence upon another person.
(12) Has been convicted of more than one violation of driving while under the
influence of any drug or alcohol within the past seven (7) years prior to
application.
(13) Is on parole or probation for a crime, and the crime is substantially related
to the qualifications, functions, or duties of a taxicab driver in a potentially
negative manner.
(14) Has had a taxicab driver’s permit issued by any jurisdiction revoked
within the past three (3) years.
(15) Fails to provide a medical clearance that meets the standard set forth by
the California Department of Motor Vehicles, Motor Carrier Safety
Regulations (49 CFR 391.41 - 391.49). This is satisfied by providing a
completed Medical Examination Report for Commercial Driver Fitness
Determination form or a Medical Examiner’s Certificate issued by the
California Department of Motor Vehicles.
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Every taxicab driver’s permit issued pursuant to this Chapter shall set forth the name of
the owner for whom such driver is authorized to operate a taxicab, and shall be valid only
so long as the driver continues to drive for such owner.
All drivers of taxicabs shall display their taxicab driver’s permit in a conspicuous place in
the passenger compartment of the taxicab whenever the taxicab is being used to transport
passengers.
(e) Issuance of permits. The Regional Taxi Authority shall investigate the applicant
for a taxicab driver’s permit under this Chapter and after such investigation shall
either grant or deny the permit. Any person whose application has been denied
may within ten (10) days after such denial request that the denial of his
application be reviewed by the Regional Taxi Authority Board of Directors. The
Authority Board of Directors shall, after a hearing, either grant or deny such
permit.
(f) Renewal of permit; termination.
(1) All taxicab drivers’ permits issued pursuant to this Chapter expire annually on
their anniversary date unless earlier terminated, suspended, or revoked pursuant to
the provisions set forth herein.
(2) Drivers may renew their permit if still qualified to operate a taxicab by
meeting all the permit requirements set forth in this Chapter for new taxicab
driver’s permits, including, but not limited to, passing the test for controlled
substances and alcohol.
(3) Taxicab driver’s permits are void upon termination of taxicab driver’s
employment with the owner listed on their permit. Each driver shall return the
permit to the Regional Taxi Authority upon such termination.
(4) It shall be unlawful to transfer any taxicab driver’s permit to any other person.
(g) Suspension or revocation of permit. Either the Regional Taxi Authority or the
Chief of Police shall have the authority to immediately suspend any taxicab
driver’s permit in the event the holder is arrested, charged, or cited for any
violation of the CA Vehicle Code. The Regional Taxi Authority may suspend or
refuse to renew any taxicab driver’s permit if the driver is:
(1) Convicted of, or has plead guilty or nolo contendere to, the violation of
any law within the past five (5) years involving the commission of a
misdemeanor, including, but not limited to, any sexual offense; the illegal use,
possession, or distribution of drugs or other controlled substances; any charge
involving robbery, theft, stolen property, assault, battery; or any crime involving
moral turpitude that occurred within the past five (5) years.
(2) Convicted of driving recklessly or while under the influence of alcohol or
controlled substances;
(3) Has his or her driver’s license suspended or revoked;
(4) Found to test positive for any controlled substance or alcohol during any
test;
(5) Found to have violated any provision of this Chapter; or
(6) Found to have provided false information or omitted information required
on a taxicab driver’s permit application.
Any driver whose permit has been suspended may, within ten (10) days, file an appeal
with the Regional Taxi Authority Board of Directors. If no appeal is received within 10 days, the
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taxicab permit shall be considered revoked and there will be no further right to an appeal, unless
the Regional Taxi Authority finds that there are reasonable grounds for failing to appeal within
the 10 day period. The Board of Directors shall hold a duly noticed public hearing within [60]
days from receiving the appeal, unless the taxicab driver agrees to an extension or requests an
expedited hearing. If an expedited hearing is requested the Regional Taxi Authority shall
endeavor to set an earlier date for the hearing but is not required to set an earlier date.
The hearing shall comply with the applicable provisions for the protection of the due
process rights of the taxicab driver and the taxicab driver will be given the opportunity to be
heard. The Regional Taxi Authority Board of Directors shall adopt Rules for conducting the
hearing in compliance with applicable due process procedures. The Board shall either grant or
deny the appeal, based on substantial evidence and shall support its decision with factual
findings, in writing. The decision of the Board will issue within ten days of the conclusion of the
hearing and will be final. If the Board upholds the appeal, the taxicab driver’s permit shall be
reinstated. If the Board denies the appeal, the taxicab driver’s permit shall be revoked and may
only be reinstated as set forth in this Chapter.
A taxicab driver shall not operate a taxicab during the time period in which the driver’s
permit is suspended. The Regional Taxi Authority may, but is not required to, issue a
Temporary Permit, as set forth below, which will allow the taxicab driver to temporarily operate
until such time as the Regional Taxi Authority Board of Directors has issued a final decision. In
order to issue such a permit, the Regional Taxi Authority must, in addition to the requirements
set forth below, make findings that the public safety and health will not be harmed by the
issuance of a temporary driver’s permit and unusual circumstances exist which require the
issuance of a temporary driver’s permit.
(h) Temporary permits. The Regional Taxi Authority, in its sole discretion, may grant
a temporary permit to drive or operate any taxicab, pending final action on any
application for a permanent taxicab driver’s permit as provided in this Chapter,
but no such temporary permit may be issued to any person who does not have a
valid driver’s license issued by the state, who is not employed or possessing a
written offer of employment as a taxicab driver in the City, or who has not
provided evidence of negative controlled substance and alcohol testing as required
by Section 7.16.240 herein.
(i) Records to be kept by the Regional Taxi Authority. The Regional Taxi Authority
shall keep a record of each driver granted a taxicab driver’s permit under the
provisions of this Chapter, which record shall contain the full name, age,
residence, places of residence for two (2) years preceding the date of application,
race, weight, height, color of eyes and hair, fingerprints, place of birth, places of
previous employment covering three (3) years preceding the date of application,
whether the driver has ever been convicted of a felony or of a misdemeanor, and
whether he or she has ever been previously licensed as a driver, and if so, whether
his or her license has ever been revoked and for what cause.
9.08.240 Mandatory Controlled substance and Alcohol Testing Program.
(a) Each taxicab driver shall test negative for each of the controlled substances
specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of
Federal Regulations, before employment. Each driver shall test negative for these
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controlled substances and for alcohol as a condition of the driver’s annual permit
renewal. As used in this section, a negative test for alcohol means an alcohol
screening test showing a breath alcohol concentration of less than 0.02 percent.
(b) Testing procedures shall be substantially as set forth in Part 40 (commencing with
Section 40.1) of Title 49 of the Code of Federal Regulations, except that each
driver shall show a valid California driver’s license at the time and place of
testing, and except as provided otherwise in this section. Requirements for
rehabilitation and return-to-duty and follow-up testing and other requirements,
except as provided otherwise in this section, shall be substantially as set forth in
Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal
Regulations.
(c) A test in one jurisdiction shall be accepted as meeting the same requirement in the
City or in any other jurisdiction. Any negative test result shall be accepted for one
(1) year as meeting a requirement for periodic permit renewal testing or any other
periodic testing in the City or any other jurisdiction, if the driver has not tested
positive subsequent to a negative result. However, an earlier negative result shall
not be accepted as meeting the pre-employment testing requirement for any
subsequent employment, or any testing requirements under the program other
than periodic testing.
(d) In the case of a self-employed independent driver, the test results shall be reported
directly to the Regional Taxi Authority, and the Authority shall notify the taxicab
leasing company of record, if any, of positive results. In all other cases, the results
shall be reported directly to the driver’s employer, who shall immediately notify
the Authority of the results.
(e) All tests are confidential and shall not be released without the consent of the
driver, except as authorized or required by law.
(f) Self-employed independent drivers shall be responsible for compliance with, and
shall pay all costs of, this program with regard to themselves. In all other cases,
taxicab owners and employers of drivers shall be responsible for compliance with,
and shall pay all costs of, this program with respect to their employees and
potential employees, except that an employer may require employees who test
positive to pay the costs of rehabilitation and of return-to-duty and follow-up
testing.
(g) Taxicab owners, employers of drivers, and self-employed independent drivers
shall pay all service charges, fees, or assessments established by the Regional
Taxi Authority with respect to the owner’s employees and potential employees in
an amount sufficient to pay for the Authority’s costs of carrying out the mandates
of this section.
(h) No evidence derived from a positive test result pursuant to the program shall be a
criminal prosecution concerning unlawful possession, sale or distribution of
controlled substances.
(i) For purposes of this Section, “employment” includes self-employment as an
independent driver or owner/operator of a taxicab.
9.08.250 Taximeters.
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(a) Required in taxicabs. No person shall operate any taxicab in the City until such
taxicab is equipped with a taximeter of a type and design which has been
approved by the Regional Taxi Authority.
All taxicabs operated under the authority of this Chapter shall be equipped with
taximeters which conform to all applicable State of California laws and regulations and
shall be inspected, sealed, and certified by the County Department of Weights and
Measures.
(b) Inspection required; removal of vehicle with inaccurate meter.
(1) Every taximeter shall be inspected and tested for accuracy by the owner at
least annually. Taximeters shall be subject to inspection at any time by the
Regional Taxi Authority or any other authorized persons. Upon discovery of any
inaccuracy of such taximeter, the operator thereof shall remove, or cause to be
removed, from service any vehicle equipped with such taximeter until such
taximeter has been repaired and accurately adjusted.
(2) Records and evidence of inspection by the County Department of Weights
and Measures shall be submitted for verification at the time of each taxicab’s
annual vehicle inspection.
(c) Manner of placement in taxicabs. The taximeter required by this Chapter shall be
placed in each taxicab so that the reading dial showing the amount to be charged
is well lighted and readily discernible to a passenger riding in any such taxicab.
(d) Accurate operation required. It shall be the duty of each person operating a
taxicab, and the driver thereof, to keep the taximeter therein operating at all times
within the accuracy and requirements of this Chapter and such additional
requirements as may be prescribed from time to time by the Regional Taxi
Authority.
(e) Use required for all passenger services. No passenger shall be carried in any
taxicab for hire unless the taximeter in such taxicab is in operation. This Section
shall apply regardless of whether the taxicab is engaged for a trip entirely within
the Regional Taxi Authority Area or partially outside thereof, and such meter
shall be kept operating continuously during the entire time that it is engaged in the
transportation of passengers for compensation, regardless of the point of
destination; except, that when the trip is in excess of fifteen (15) miles a flat rate
may be used for any part of the trip over the first fifteen (15) miles.
(f) All charges to be in accordance with meters. All charges for taxicab service shall
be calculated and indicated by a taximeter, except as described in this Chapter,
and at all times while the taxicab is engaged the “flag” of the taximeter shall be
thrown into a position to register charges for mileage and time. No taximeter shall
be so operated as to cause any charge to be registered thereon, except during the
time while the taxicab is engaged by a passenger.
(g) Splitting of fares by two or more passengers. If two or more persons going in the
same direction share a taxicab the first party that is discharged from the taxicab
shall pay the charge on the meter, and the meter shall then be “flagged” and a new
fare started; except and unless, if the driver agrees at the inception of the hire to
drop the first fare without “re-flagging” and starting a new fare.
(h) Proper use of “flag” required. No driver of any taxicab, while carrying
passengers, shall display the “flag” attached to the taximeter in such a position as
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to denote that such vehicle is not employed, or fail to throw the “flag” of the
taximeter to a position indicating such vehicle is unemployed at the termination of
each service.”
SECTION 3. If any provision, section, paragraph, sentence, clause or phrase of this
ordinance, or any part thereof, or the application thereof to any person or circumstance is
for any reason held to be invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance, or
any part thereof, or its application to other persons or circumstances. The City Council
hereby declares that it would have passed and adopted each provision, section, paragraph,
subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the
application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective on the thirtieth (30th) day following
passage and adoption hereof or receipt of notification, in writing, that at least three other
cities located on the Monterey Peninsula have executed the JPA, whichever comes last.