CITY COUNCIL: AGENDA & MINUTES June 2010

AGENDA
Regular Meeting
Tuesday, June 8, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, June 13, 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 a certificate of appreciation to the volunteers from the Church of Jesus Christ of Latter-day Saints for beautification projects.

B. Presentation of a certificate of appreciation for outgoing Historic Resources Board member Nicole Schroeder.

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

B. Announcements from the Mayor and 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 City Administrator
1. Receive SCC, Inc.’s FY 2009-2010 3rd Quarter Financial Report.

VI. Public 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 May 4, 2010.

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

C. Ratify the bills paid for the month of May 2010.

D. Consideration of a Resolution approving the free use of the Sunset
Center Theater by The Carmel Garden Club on May 14, 2011 for its Annual Flower Show.

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

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

G. Consideration of a Resolution amending the Joint Powers Agreement for the Monterey County Regional Taxi Authority to include an Addendum related to the Monterey Peninsula Airport District.

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 (Second reading).

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

X. Resolutions
A. Consideration of a Resolution entering into an agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates.

B. Consideration of a Resolution setting an approval limit of three Mills Act Contracts for residential properties within a calendar year and requiring City Council evaluation of the program after five years.

C. Consideration of a Resolution approving a management policy for the City’s art collection.

XI. Orders of Council
A. Receive report and provide policy direction on the City paid home mail delivery.

B. Consideration of changes to the rules and regulations regarding fires on Carmel Beach.

C. Review report and provide policy direction on appointing a CalPERS Retirement Advisory Committee to draft a report on the impacts of funding and sustaining the employee retirement and health care plans.

D. Receive report and provide policy direction on proposed placement of a resin mold of “The Art of the US Open” by Richard MacDonald in Devendorf Park, June 11-21, 2010.

E.. Receive report and provide policy direction on a proposed 5K and 2K Run/Walk sponsored by the Big Sur International Marathon’s Just Run! Program on June 19, 2011.

F. Ratify appointment to the Historic Resources Board.

G. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. Adjournment

The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, July 14, 2010 *
Council Chambers
*Please note this meeting is the second Tuesday of the month due to the City’s observance of the Independence Day holiday on July 5th, the day preceding the first Tuesday.

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
June 8, 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 4:33 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 a certificate of appreciation to the volunteers from the
Church of Jesus Christ of Latter-day Saints for beautification projects.
Jonathan Spencer accepted the Certificate of Appreciation from Mayor McCloud on behalf of the 73 volunteers from the Monterey First Ward of the Church of Latter-day Saints who removed ice plant on the dunes.

B. Presentation of a certificate of appreciation for outgoing Historic Resources Board member Nicole Schroeder.
This item was continued as Nicole Schroeder was not in attendance.

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, Jun 7, 2010 regarding four items.

There were no announcements for the public on three matters of ongoing
litigation (Miller, Flanders and Mandurrago) or the City Administrator’s
evaluation.

B. Announcements from City Council members.
Mayor McCloud asked for a moment of silence in honor of Colin Kuster and John Hicks.

Mayor McCloud introduced Dan Powers, and his son, Bradford, who recited the poem, “Casey at the Bat.”

She and City Attorney Don Freeman addressed Council regarding the water hearings on the Cease and Desist Order.
C. Announcements from City Administrator

1. Receive SCC, Inc.’s FY 2009-2010 3rd Quarter Financial Report.
Jim Price, Chairman of the Sunset Center Board of Trustees, noted Sunset
Center’s Annual Community Meeting on June 26th and the recent mailing of the season brochure. Dave Parker, Board Treasurer, then presented the Center’s 3rd Quarter financial report. Executive Director Peter Lesnik followed up with a report on the utilization of the Center.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:11 p.m.

Carl Iverson noted Carmel Heritage’s Annual Home Tour on Saturday, June 12th, from 1:00-5:00 p.m.

Carla Ramsey thanked the City for removing abandoned cars on 8th and Monte Verde. She spoke about installing paid parking at Vista Lobos, the Scout House and Rio Park, and having kiosks, rather than meters, for paid parking in the Commercial District.

Kenneth Loch, from Santa Barbara, spoke about his art and involvement in physical education.

Monte Miller thanked the Mayor for her participation in the regional water issue.

Lenny Shapiro, owner of Wyland Gallery, addressed Council regarding artwork placed on a tree stump on the sidewalk in front of the gallery.

Barbara Livingston spoke about the City’s tree policy.

Mayor McCloud closed the meeting to public comment at 5:27 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of May 4, 2010.

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

C. Ratify the bills paid for the month of May 2010.

D. Consideration of a Resolution approving the free use of the Sunset Center Theater by The Carmel Garden Club on May 14, 2011 for its Annual Flower Show.

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

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

G. Consideration of a Resolution amending the Joint Powers Agreement for the Monterey County Regional Taxi Authority to include an Addendum related to the Monterey Peninsula Airport District.

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

Council Member HAZDOVAC moved to approve the Consent Agenda Items A-G, seconded by Council Member SHARP 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

VIII. PUBLIC HEARINGS
There were no Public Hearings.

X. RESOLUTIONS
Mayor McCloud requested that item X.A. be heard out of order to accommodate the schedule of the representative from Bartle Wells Associates.

X.A. Consideration of a Resolution entering into an agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates.

Tom Gaffney, Principal of Bartle Wells Associates, presented his report to the Council and clarified firm’s fees.

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

Council Member HAZDOVAC moved to approve a Resolution entering into an
agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates, seconded by Council Member SHARP, 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. ORDINANCES
A. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (Second reading).

Mayor McCloud opened and closed the meeting to public comment at 6:00 p.m.

Council Member TALMAGE moved to approve the second 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

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

Mayor McCloud opened and closed the meeting to public comment at 6:01 p.m.

Council Member HAZDOVAC moved to approve the second 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

X. RESOLUTIONS
A. Consideration of a Resolution entering into an agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates.
This item was heard earlier in the meeting.

B. Consideration of a Resolution setting an approval limit of three Mills Act Contracts for residential properties within a calendar year and requiring City Council evaluation of the program in five years.

Mayor McCloud opened the meeting to public comment at 6:03 p.m.

Erl Lagerholm addressed Council.

Mayor McCloud closed the meeting to public comment at 6:05 p.m.

Planning and Building Services Manager Sean Conroy addressed public
comments.

Council Member TALMAGE moved to adopt a Resolution setting an approval limit of three Mills Act Contracts for residential properties within a calendar year and requiring City Council evaluation of the program in five years, seconded by Council Member SHARP, 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

C. Consideration of a Resolution approving a management policy for the City’s art collection.

Sheryl Nonnenberg, an art consultant to the City, answered questions from
Council.

Council Member TALMAGE moved to adopt a Resolution approving a management policy for the City’s art collection, seconded by Council Member BURNETT, 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

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction on the City paid home mail
delivery.
City Administrator Guillen continued Item XI-A to a future meeting at the request of Carolina Bayne, who was unable to be in attendance.

B. Consideration of changes to the rules and regulations regarding fires on Carmel Beach.

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:32 p.m.

Skip Lloyd, board member of the Carmel Residents Association and Steve Brooks addressed Council regarding this item.

Mayor McCloud closed the meeting to public comment at 6:40 p.m.

Council directed staff to: develop a bilingual rack card with information on the existing regulations for beach fires and have Police officers and volunteers distribute; continue pursuing lease of a beach rake; and increase enforcement of beach rules.

C. Review report and provide policy direction on appointing a CalPERS Retirement Advisory Committee to draft a report on the impacts of funding and sustaining the employee retirement and health care plans.

Council Member Burnett presented the report.

Mayor McCloud opened the meeting to public comment at 7:34 p.m.

Barbara Livingston spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:35 p.m.

Council Members will seek out citizens who may be interested and qualified to serve on this ad hoc committee. The City Administrator will receive applications and will provide direction to the committee once it is formed.

D. Receive report and provide policy direction on proposed placement of a resin mold of “The Art of the US Open” by Richard MacDonald in Devendorf Park, June 11-21, 2010.

CarrieAnn, Assistant Director of Richard MacDonald-Dawson Cole Fine Art,
gave a presentation and answered questions.

Council Member HAZDOVAC moved to allow the placement of the resin mold statue in Devendorf Park from June 11-21, 2010, on the condition that the MacDonald Gallery: provide 24-hour security around the statue for the full 10-day period; complete a special event permit; and have proof of full liability insurance coverage, seconded by Council Member SHARP, and carried by the following roll call vote:

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

E. Receive report and provide policy direction on a proposed 5K and 2K Run/Walk sponsored by the Big Sur International Marathon’s Just Run! Program on June 19, 2011.

Susan Love, administrator of the Big Sur International Marathon’s Just Run! Program, gave the presentation and answered questions.

Mayor McCloud opened the meeting to public comment at 8:34 p.m.

Thompson Lange, Bobby Richards, and Peter Lesnik addressed Council.

Mayor McCloud closed the meeting to public comment at 8:36 p.m.

Council Member TALMAGE moved to approve the proposed 5K and 2K Run/Walk sponsored by the Big Sur International Marathon’s Just Run! Program on June 19, 2011, seconded by Council Member HAZDOVAC, and carried by the following vote:

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

F. Ratify appointment to the Historic Resources Board.
Gregory Carper was appointed by the Mayor to serve on the Historic Resources Board, completing the term vacated by Nicole Schroeder.

Council Member BURNETT moved to accept the appointment of Gregory Carper to the Historic Resources Board, seconded by Council Member SHARP, and carried by the following vote:

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

G. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 8:45 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD

CITY COUNCIL: Check Register June 2010

Check No Check Date Vendor Name Net Amount Exp Account Account Name
120371 6/15/2010 ACCOUNTEMPS $372.96 01 67053 CONTRACTUAL SERVICES
ACCOUNTEMPS Total $372.96

120327 6/8/2010 AFLAC $5.00 01 69017 0005 MEDICAL PROGRAM
120327 6/8/2010 AFLAC $5.00 01 76017 0005 MEDICAL PROGRAM
120327 6/8/2010 AFLAC $10.00 01 64017 0005 MEDICAL PROGRAM
120327 6/8/2010 AFLAC $15.00 01 72017 0005 MEDICAL PROGRAM
120327 6/8/2010 AFLAC $25.00 01 84017 0005 MEDICAL PROGRAM
120327 6/8/2010 AFLAC $30.00 01 74017 0005 MEDICAL PROGRAM
AFLAC Total $90.00

120309 6/1/2010 AILING HOUSE PEST CONTROL $65.00 01 70050 OUTSIDE LABOR
120372 6/15/2010 AILING HOUSE PEST CONTROL $40.00 01 70050 OUTSIDE LABOR
120372 6/15/2010 AILING HOUSE PEST CONTROL $50.00 01 70050 OUTSIDE LABOR
120372 6/15/2010 AILING HOUSE PEST CONTROL $60.00 01 70050 OUTSIDE LABOR
120372 6/15/2010 AILING HOUSE PEST CONTROL $65.00 01 70050 OUTSIDE LABOR
120424 6/22/2010 AILING HOUSE PEST CONTROL $325.00 01 70050 OUTSIDE LABOR
AILING HOUSE PEST CONTROL Total $605.00

120328 6/8/2010 ALHAMBRA $39.98 01 64053 0002 CONTRACTUAL SERVICES
ALHAMBRA Total $39.98

120373 6/15/2010 AMERICAN SUPPLY COMPANY $236.85 01 70044 CUSTODIAL SUPPLIES
AMERICAN SUPPLY COMPANY Total $236.85
120329 6/8/2010 ANDON LAUNDRY SERVICE $341.75 01 72053 CONTRACTUAL SERVICES
ANDON LAUNDRY SERVICE Total $341.75

120425 6/22/2010 ANIMAL CARE EQUIP & SVS. $454.99 01 74095 OPERATIONAL SERVICES/SUPPLIES
ANIMAL CARE EQUIP & SVS. Total $454.99

120426 6/22/2010 ANNA AUBUCHON $1,260.00 01 67023 PART-TIME ASSISTANCE
ANNA AUBUCHON Total $1,260.00

120330 6/8/2010 ANTHEM BLUE CROSS $1,088.23 01 69017 0001 MEDICAL PROGRAM
ANTHEM BLUE CROSS Total $1,088.23

120366 6/8/2010 AT&T LONG DISTANCE $2.21 01 76036 TELEPHONE
120366 6/8/2010 AT&T LONG DISTANCE $59.37 01 64300 ELECTION
AT&T LONG DISTANCE Total $61.58

120365 6/8/2010 AT&T/MCI $15.71 60 81036 TELEPHONE
120365 6/8/2010 AT&T/MCI $15.89 01 82036 TELEPHONE
120365 6/8/2010 AT&T/MCI $109.93 01 74036 TELEPHONE
120365 6/8/2010 AT&T/MCI $133.88 01 76036 TELEPHONE
120365 6/8/2010 AT&T/MCI $208.37 01 69036 TELEPHONE
120365 6/8/2010 AT&T/MCI $373.50 01 72036 TELEPHONE
120365 6/8/2010 AT&T/MCI $463.68 01 74036 TELEPHONE
120365 6/8/2010 AT&T/MCI $531.33 01 65049 EQUIPMENT MAINTENANCE
120365 6/8/2010 AT&T/MCI $590.68 01 82036 TELEPHONE
120365 6/8/2010 AT&T/MCI $773.95 01 64036 TELEPHONE
AT&T/MCI Total $3,216.92

120427 6/22/2010 BAYSTAR EXPRESS/MARNI $433.97 01 64039 PRINTING
BAYSTAR EXPRESS/MARNI Total $433.97

120331 6/8/2010 BELLINGER FOSTER STEINMETZ $1,956.33 01 64051 PROFESSIONAL SERVICES
BELLINGER FOSTER STEINMETZ Total $1,956.33

120332 6/8/2010 BMW OF SANTA CRUZ COUNTY $180.00 01 76047 AUTOMOTIVE PARTS/SUPPLIES
120332 6/8/2010 BMW OF SANTA CRUZ COUNTY $410.42 01 76048 TIRES/TUBES
BMW OF SANTA CRUZ COUNTY Total $590.42

120374 6/15/2010 BROWNSTEIN/HYATT/FARBER/SCHRECK $4,308.83 01 61051 PROFESSIONAL SERVICES
BROWNSTEIN/HYATT/FARBER/SCHRECK Total $4,308.83
120333 6/8/2010 BURGHARDT-DORE ADVERTISING, INC. $651.25 01 85200 REGIONAL DESTINATION MARKETING
120428 6/22/2010 BURGHARDT-DORE ADVERTISING, INC. $243.56 01 85200 REGIONAL DESTINATION MARKETING
120428 6/22/2010 BURGHARDT-DORE ADVERTISING, INC. $339.91 01 85200 REGIONAL DESTINATION MARKETING
120428 6/22/2010 BURGHARDT-DORE ADVERTISING, INC. $375.06 01 85200 REGIONAL DESTINATION MARKETING
120428 6/22/2010 BURGHARDT-DORE ADVERTISING, INC. $1,512.50 01 85200 REGIONAL DESTINATION MARKETING
120428 6/22/2010 BURGHARDT-DORE ADVERTISING, INC. $5,943.34 01 85200 REGIONAL DESTINATION MARKETING
120428 6/22/2010 BURGHARDT-DORE ADVERTISING, INC. $6,539.65 01 85200 REGIONAL DESTINATION MARKETING
BURGHARDT-DORE ADVERTISING, INC. Total $15,605.27
120375 6/15/2010 BURTON'S FIRE, INC. $1,548.74 01 76049 0003 EQUIPMENT MAINTENANCE
BURTON'S FIRE, INC. Total $1,548.74

120429 6/22/2010 CAL-AM WATER COMPANY $14.57 01 82026 UTILITIES
120429 6/22/2010 CAL-AM WATER COMPANY $95.05 60 81026 UTILITIES
120429 6/22/2010 CAL-AM WATER COMPANY $147.10 01 64026 UTILITIES
120429 6/22/2010 CAL-AM WATER COMPANY $149.04 01 72026 UTILITIES
120429 6/22/2010 CAL-AM WATER COMPANY $251.88 01 84026 UTILITIES
120429 6/22/2010 CAL-AM WATER COMPANY $587.62 01 74026 UTILITIES
120429 6/22/2010 CAL-AM WATER COMPANY $1,851.93 01 76026 UTILITIES
120429 6/22/2010 CAL-AM WATER COMPANY $4,194.72 01 70026 UTILITIES
CAL-AM WATER COMPANY Total $7,291.91

120430 6/22/2010 CALIFORNIA FIRST NATIONAL BANK $1,516.48 01 72047 AUTOMOTIVE PARTS
120430 6/22/2010 CALIFORNIA FIRST NATIONAL BANK $8,881.00 01 88824 FD LEASE F350 4WD BEACH PTRL
CALIFORNIA FIRST NATIONAL BANK Total $10,397.48
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $50.00 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $50.00 50 24050 0418 PLAN CHECK (CONTRACT FIRE EXP)
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $50.00 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $50.00 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $76.24 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $83.52 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $90.80 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $98.00 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $101.72 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $141.12 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $143.74 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $150.00 50 24050 0418 PLAN CHECK (CONTRACT FIRE EXP)
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $167.38 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $172.64 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 0418 PLAN CHECK (CONTRACT FIRE EXP)
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $287.50 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $338.45 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $367.58 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $440.38 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $476.78 01 69051 PROFESSIONAL SERVICES
120379 6/15/2010 CARMEL FIRE PROTCTN ASSOC $585.98 01 69051 PROFESSIONAL SERVICES
120431 6/22/2010 CARMEL FIRE PROTCTN ASSOC $175.00 50 24050 0418 PLAN CHECK (CONTRACT FIRE EXP)
CARMEL FIRE PROTCTN ASSOC Total $4,271.83

120334 6/8/2010 CARMEL GARDEN & IRRIGATN $1,860.00 01 78050 OUTSIDE LABOR
CARMEL GARDEN & IRRIGATN Total $1,860.00

120377 6/15/2010 CARMEL PINE CONE $116.62 01 69040 ADVERTISING
CARMEL PINE CONE Total $116.62

120335 6/8/2010 CARMEL TOWING & GARAGE $1.76 01 76046 FUEL
120335 6/8/2010 CARMEL TOWING & GARAGE $12.60 01 76046 FUEL
120335 6/8/2010 CARMEL TOWING & GARAGE $14.81 01 76046 FUEL
120335 6/8/2010 CARMEL TOWING & GARAGE $17.45 01 76046 FUEL
120335 6/8/2010 CARMEL TOWING & GARAGE $19.79 01 76046 FUEL
120335 6/8/2010 CARMEL TOWING & GARAGE $19.80 01 76046 FUEL
120335 6/8/2010 CARMEL TOWING & GARAGE $21.56 01 76046 FUEL
120335 6/8/2010 CARMEL TOWING & GARAGE $45.00 01 76050 OUTSIDE LABOR
120335 6/8/2010 CARMEL TOWING & GARAGE $59.95 01 76047 AUTOMOTIVE PARTS/SUPPLIES
CARMEL TOWING & GARAGE Total $212.72

120380 6/15/2010 CARMEL UNIFIED YOUTH BASEBALL $1,000.00 01 60207 COUNCIL DISCRETIONARY
CARMEL UNIFIED YOUTH BASEBALL Total $1,000.00

120422 6/15/2010 CAROLYN WHITE $390.00 01 33405 PLANNING PERMITS
CAROLYN WHITE Total $390.00

120336 6/8/2010 CDW-G GOVERNMENT INC. $39.66 01 65049 EQUIPMENT MAINTENANCE
CDW-G GOVERNMENT INC. Total $39.66

120310 6/1/2010 CERTIFION CORP $12.75 01 74053 CONTRACTUAL SERVICES
120310 6/1/2010 CERTIFION CORP $1,019.40 01 74053 CONTRACTUAL SERVICES
120432 6/22/2010 CERTIFION CORP $8.50 01 74050 OUTSIDE LABOR
CERTIFION CORP Total $1,040.65

120382 6/15/2010 CIMA COLLINA $150.00 01 33405 PLANNING PERMITS
CIMA COLLINA Total $150.00

120311 6/1/2010 CITY OF MONTEREY $1,251.67 01 72053 CONTRACTUAL SERVICES
120337 6/8/2010 CITY OF MONTEREY $13,500.00 01 72053 CONTRACTUAL SERVICES
120383 6/22/2010 CITY OF MONTEREY $(1,251.67) 01 72053 CONTRACTUAL SERVICES
120383 6/15/2010 CITY OF MONTEREY $1,251.67 01 72053 CONTRACTUAL SERVICES
CITY OF MONTEREY Total $14,751.67

120433 6/22/2010 COASTAL HEALTHCARE $19.40 01 65017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $19.40 01 70017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $29.10 01 78017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $30.20 01 64017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $31.40 01 64017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $38.80 01 67017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $48.50 01 60017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $48.50 01 67017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $48.50 01 69017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $55.20 01 84017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $68.00 01 67017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $77.60 01 76017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $87.30 01 84017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $90.00 01 67017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $95.00 01 74017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $126.00 01 64017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $126.10 01 72017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $187.00 01 76017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $203.70 01 74017 0004 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $433.00 01 84017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $571.50 01 70017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $865.00 01 69017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $1,207.50 01 72017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $1,614.00 01 84017 0003 MEDICAL PROGRAM
120433 6/22/2010 COASTAL HEALTHCARE $1,852.00 01 74017 0003 MEDICAL PROGRAM
COASTAL HEALTHCARE Total $7,972.70

120434 6/22/2010 COLTON HEATING & SHEET METAL, IN $311.62 01 70050 OUTSIDE LABOR
COLTON HEATING & SHEET METAL, IN Total $311.62

120312 6/1/2010 COMCAST $3.18 01 65053 CONTRACTUAL SERVICES
120312 6/1/2010 COMCAST $14.31 01 65053 CONTRACTUAL SERVICES
120436 6/22/2010 COMCAST $3.18 01 65053 CONTRACTUAL SERVICES
120436 6/22/2010 COMCAST $14.31 01 65053 CONTRACTUAL SERVICES
COMCAST Total $34.98

120435 6/22/2010 COMMUNITY HOSPITAL OF THE $20.00 01 74053 CONTRACTUAL SERVICES
COMMUNITY HOSPITAL OF THE Total $20.00

120338 6/8/2010 COPIES BY-THE-SEA $45.98 01 78039 PRINTING
120384 6/15/2010 COPIES BY-THE-SEA $106.62 01 69039 0001 PRINTING
COPIES BY-THE-SEA Total $152.60

120313 6/1/2010 CORBIN WILLITS SYSTEM $720.79 01 65053 CONTRACTUAL SERVICES
120313 6/1/2010 CORBIN WILLITS SYSTEM $2,671.25 01 65053 CONTRACTUAL SERVICES
CORBIN WILLITS SYSTEM Total $3,392.04

120385 6/15/2010 CSAC EXCESS INS AUTHORITY $8,713.70 01 67425 LIABILITY INS & RISK MGT
CSAC EXCESS INS AUTHORITY Total $8,713.70

120339 6/8/2010 CYPRESS COAST FORD L/M $221.80 01 76049 0002 EQUIPMENT MAINTENANCE
120339 6/8/2010 CYPRESS COAST FORD L/M $281.73 01 76049 0002 EQUIPMENT MAINTENANCE
120339 6/8/2010 CYPRESS COAST FORD L/M $603.28 01 76049 0002 EQUIPMENT MAINTENANCE
CYPRESS COAST FORD L/M Total $1,106.81

120386 6/15/2010 DADIW ASSOCIATES $5,000.00 01 64053 0011 CONTRACTUAL SERVICES
DADIW ASSOCIATES Total $5,000.00

120387 6/15/2010 DAVE'S REPAIR SERVICE $80.00 01 76050 OUTSIDE LABOR
DAVE'S REPAIR SERVICE Total $80.00

120388 6/15/2010 DEPARTMENT OF JUSTICE $574.00 50 24050 0534 DEPT OF JUSTICE LIVESCAN FEE
120438 6/22/2010 DEPARTMENT OF JUSTICE $17.00 01 74053 CONTRACTUAL SERVICES
DEPARTMENT OF JUSTICE Total $591.00

119776 6/22/2010 DEPT. OF MOTOR VEHICLES $(18.00) 01 74050 OUTSIDE LABOR
DEPT. OF MOTOR VEHICLES Total $(18.00)

120315 6/1/2010 DEWEY D. EVANS $200.00 01 63053 CONTRACTUAL SERVICES
DEWEY D. EVANS Total $200.00

120439 6/22/2010 DLB ASSOCIATES INC. $12,138.07 01 88530 P.D. COMPUTER EQUIPMENT
DLB ASSOCIATES INC. Total $12,138.07

120389 6/15/2010 DOCUTEC $140.73 01 65042 OFFICE MACHINE SUPPLIES
120389 6/15/2010 DOCUTEC $419.79 01 65042 OFFICE MACHINE SUPPLIES
120440 6/22/2010 DOCUTEC $194.83 01 65042 OFFICE MACHINE SUPPLIES
DOCUTEC Total $755.35

120390 6/15/2010 DON CHAPIN COMPANY,INC. $272.80 01 76045 0001 MATERIALS/SUPPLIES
DON CHAPIN COMPANY,INC. Total $272.80

120340 6/8/2010 DONALD J. JACOBS $66.84 01 76047 AUTOMOTIVE PARTS/SUPPLIES
DONALD J. JACOBS Total $66.84

120314 6/1/2010 ELECTRICAL DIST. COMPANY $198.36 01 70045 MATERIAL/SUPPLIES
ELECTRICAL DIST. COMPANY Total $198.36

120341 6/8/2010 FIREFREEZE WORLDWIDE, INC. $684.43 01 72602 FIRE EQUIPMENT/SUPPLIES
FIREFREEZE WORLDWIDE, INC. Total $684.43

120392 6/15/2010 FIRST ALARM-MONTEREY CO. $219.80 01 74050 OUTSIDE LABOR
FIRST ALARM-MONTEREY CO. Total $219.80

120442 6/22/2010 FLAMINGO RESORT HOTEL $466.20 01 64030 0240 TRAINING/PERSONAL EXP. Kshen
FLAMINGO RESORT HOTEL Total $466.20

120342 6/8/2010 FLINT TRADING, INC. $587.91 01 76045 0001 MATERIALS/SUPPLIES
FLINT TRADING, INC. Total $587.91

120458 6/22/2010 GEORGE RAWSON $313.76 01 64030 0222 TRAINING/PERSONAL EXP.
GEORGE RAWSON Total $313.76

120443 6/22/2010 GRANICUS, INC. $521.90 50 24050 0804 PUBLIC EDUC./GOVT ACCESS(PEG)
GRANICUS, INC. Total $521.90

120343 6/8/2010 GRANITE ROCK COMPANY $25.43 01 76045 MATERIALS/SUPPLIES
120393 6/15/2010 GRANITE ROCK COMPANY $252.67 01 78045 MATERIAL/SUPPLIES
120393 6/15/2010 GRANITE ROCK COMPANY $294.57 01 78045 MATERIAL/SUPPLIES
GRANITE ROCK COMPANY Total $572.67

120394 6/15/2010 GREEN VALLEY LANDSCAPE INC. $1,200.00 01 78053 0005 CONTRACTUAL SERVICES
GREEN VALLEY LANDSCAPE INC. Total $1,200.00

120395 6/15/2010 HIGHWAY TECHNOLOGIES $267.81 01 76045 MATERIALS/SUPPLIES
120395 6/15/2010 HIGHWAY TECHNOLOGIES $475.30 01 76045 MATERIALS/SUPPLIES
HIGHWAY TECHNOLOGIES Total $743.11

120396 6/15/2010 HOLDREN-LIETZKE ARCHITECTURE $220.00 01 33404 0001 BUILDING PERMITS
HOLDREN-LIETZKE ARCHITECTURE Total $220.00

120345 6/8/2010 HOME DEPOT/GECF $27.25 01 70045 MATERIAL/SUPPLIES
120345 6/8/2010 HOME DEPOT/GECF $34.29 01 70045 MATERIAL/SUPPLIES
120345 6/8/2010 HOME DEPOT/GECF $52.84 01 70045 MATERIAL/SUPPLIES
HOME DEPOT/GECF Total $114.38

120441 6/22/2010 HUNTER FINNELL MEDIA $1,500.00 01 64040 ADVERTISING acct64051
HUNTER FINNELL MEDIA Total $1,500.00

120316 6/1/2010 IKON OFFICE SOLUTIONS $234.17 01 64053 CONTRACTUAL SERVICES
120444 6/22/2010 IKON OFFICE SOLUTIONS $28.30 01 72053 CONTRACTUAL SERVICES
IKON OFFICE SOLUTIONS Total $262.47

120350 6/8/2010 J. W. MARSHALL $95.00 01 65051 PROFESSIONAL SERVICES
J. W. MARSHALL Total $95.00

120418 6/15/2010 JAMES SOMMERVILLE INC. $9,056.00 01 76050 OUTSIDE LABOR
JAMES SOMMERVILLE INC. Total $9,056.00

120416 6/15/2010 JAN ROEHL $3,356.25 01 64051 PROFESSIONAL SERVICES
JAN ROEHL Total $3,356.25

120437 6/22/2010 JEFFREY CONWAY $300.00 01 65053 CONTRACTUAL SERVICES
JEFFREY CONWAY Total $300.00

120317 6/1/2010 JOHN LEY'S TREE SERVICE $405.00 01 78050 OUTSIDE LABOR
120317 6/1/2010 JOHN LEY'S TREE SERVICE $1,350.00 01 78050 OUTSIDE LABOR
120346 6/8/2010 JOHN LEY'S TREE SERVICE $180.00 01 78050 0002 OUTSIDE LABOR
120346 6/8/2010 JOHN LEY'S TREE SERVICE $1,555.00 01 78050 0004 OUTSIDE LABOR
JOHN LEY'S TREE SERVICE Total $3,490.00

120460 6/22/2010 KEN SHEN $250.00 01 64030 0240 TRAINING/PERSONAL EXP.
KEN SHEN Total $250.00

120398 6/15/2010 KENNEDY, ARCHER & HARRAY $646.50 01 61051 PROFESSIONAL SERVICES
120398 6/15/2010 KENNEDY, ARCHER & HARRAY $10,617.80 01 61051 0057 PROFESSIONAL SERVICES
KENNEDY, ARCHER & HARRAY Total $11,264.30

120445 6/22/2010 KNA GENERAL CONSTRUCTION $993.50 01 70050 OUTSIDE LABOR
KNA GENERAL CONSTRUCTION Total $993.50

120347 6/8/2010 KNAPP MILL & CABINET CO. $(20.25) 01 70045 MATERIAL/SUPPLIES
120347 6/8/2010 KNAPP MILL & CABINET CO. $(11.06) 01 76045 MATERIALS/SUPPLIES
120347 6/8/2010 KNAPP MILL & CABINET CO. $110.64 01 76045 MATERIALS/SUPPLIES
120347 6/8/2010 KNAPP MILL & CABINET CO. $202.51 01 70045 MATERIAL/SUPPLIES
120399 6/15/2010 KNAPP MILL & CABINET CO. $30.01 01 72054 TOOLS/EQUIPMENT/SUPPLIES
KNAPP MILL & CABINET CO. Total $311.85

120318 6/1/2010 L.C. ACTION POLICE SUPPLY $7.00 01 74038 POSTAGE
120400 6/15/2010 L.C. ACTION POLICE SUPPLY $39.01 01 74031 CLOTHING EXPENSE
120446 6/22/2010 L.C. ACTION POLICE SUPPLY $26.01 01 74031 CLOTHING EXPENSE
L.C. ACTION POLICE SUPPLY Total $72.02

120447 6/22/2010 L.N. CURTIS & SONS $588.74 01 72054 TOOLS/EQUIPMENT/SUPPLIES
L.N. CURTIS & SONS Total $588.74

120348 6/8/2010 LIU OF NA $187.20 01 65016 RETIREMENT
120348 6/8/2010 LIU OF NA $187.20 01 67016 RETIREMENT
120348 6/8/2010 LIU OF NA $187.20 01 70016 RETIREMENT
120348 6/8/2010 LIU OF NA $460.80 01 78016 RETIREMENT
120348 6/8/2010 LIU OF NA $561.60 01 69016 RETIREMENT
120348 6/8/2010 LIU OF NA $1,058.04 01 84016 RETIREMENT
120348 6/8/2010 LIU OF NA $1,497.60 01 76016 RETIREMENT
120348 6/8/2010 LIU OF NA $1,835.10 01 21285 LIUNA SUPPL EE RETIREMENT
LIU OF NA Total $5,974.74

120349 6/8/2010 M.J.MURPHY $68.52 01 78045 MATERIAL/SUPPLIES
120349 6/8/2010 M.J.MURPHY $100.89 01 76045 MATERIALS/SUPPLIES
M.J.MURPHY Total $169.41

120454 6/22/2010 MARGI PEROTTI $11.44 01 64030 0211 TRAINING/PERSONAL EXP.
120454 6/22/2010 MARGI PEROTTI $14.30 01 64030 0211 TRAINING/PERSONAL EXP.
120454 6/22/2010 MARGI PEROTTI $16.61 01 64030 0211 TRAINING/PERSONAL EXP.
MARGI PEROTTI Total $42.35

120420 6/15/2010 MARILYN TAYLOR $1,181.25 50 24050 2385 TAYLOR/108S1/010071001000
MARILYN TAYLOR Total $1,181.25

120376 6/15/2010 MICHAEL B. CALHOUN $20.40 01 74095 OPERATIONAL SERVICES/SUPPLIES
MICHAEL B. CALHOUN Total $20.40

120412 6/15/2010 MICHAEL K. RACHEL $2,325.00 01 69051 0004 PROFESSIONAL SERVICES
MICHAEL K. RACHEL Total $2,325.00

120401 6/15/2010 MIKE'S AUTO BODY $403.05 01 76049 0002 EQUIPMENT MAINTENANCE
MIKE'S AUTO BODY Total $403.05

120351 6/8/2010 MISSION UNIFORM SERVICE $15.08 01 78031 CLOTHING EXPENSE
120351 6/8/2010 MISSION UNIFORM SERVICE $22.50 01 76053 0002 CONTRACTUAL SERVICES
120351 6/8/2010 MISSION UNIFORM SERVICE $48.26 01 76031 CLOTHING EXPENSE
120351 6/8/2010 MISSION UNIFORM SERVICE $73.04 01 76031 CLOTHING EXPENSE
MISSION UNIFORM SERVICE Total $158.88

120449 6/22/2010 MONTEREY BAY URGENT CARE $221.68 01 67110 PRE-EMPLOYMENT
MONTEREY BAY URGENT CARE Total $221.68

120353 6/8/2010 MONTEREY COUNTY $1,549.00 01 76032 0001 PERMITS, LICENSES & FEES
120450 6/22/2010 MONTEREY COUNTY $(189.61) 01 36351 0002 ADMINISTRATIVE SERVICES
120450 6/22/2010 MONTEREY COUNTY $18,961.00 01 20260 TOURISM IMPRVMT DISTRICT PYBLE
MONTEREY COUNTY Total $20,320.39

120319 6/1/2010 MONTEREY COUNTY BUSINESS $41.37 01 74053 CONTRACTUAL SERVICES
120448 6/22/2010 MONTEREY COUNTY BUSINESS $110.32 01 74053 CONTRACTUAL SERVICES
MONTEREY COUNTY BUSINESS Total $151.69

120404 6/15/2010 MONTEREY COUNTY HEALTH DEPARTMEN $1,250.00 50 24050 0533 Police INVESTIGATION
MONTEREY COUNTY HEALTH DEPARTMEN Total $1,250.00
120402 6/15/2010 MONTEREY COUNTY OFFICE ED $1,450.00 01 65053 CONTRACTUAL SERVICES
MONTEREY COUNTY OFFICE ED Total $1,450.00

120403 6/15/2010 MONTEREY COUNTY RECORDER $16.00 01 64032 PERMITS,LICENSES & FEES
MONTEREY COUNTY RECORDER Total $16.00

120352 6/8/2010 MONTEREY TIRE SERVICE $18.73 01 76048 TIRES/TUBES
MONTEREY TIRE SERVICE Total $18.73

120354 6/8/2010 MORITZ CONSTRUCTION CO. $5,000.00 01 89777 PARK BRNCH MIST FIRE PROT SYST
120451 6/22/2010 MORITZ CONSTRUCTION CO. $3,348.63 01 89777 PARK BRNCH MIST FIRE PROT SYST
MORITZ CONSTRUCTION CO. Total
$8,348.63
120355 6/8/2010 NANCY'S MID VLY FLORIST $54.13 01 60207 COUNCIL DISCRETIONARY
120355 6/8/2010 NANCY'S MID VLY FLORIST $64.95 01 60207 COUNCIL DISCRETIONARY
NANCY'S MID VLY FLORIST Total $119.08

120320 6/1/2010 NEILL ENGINEERS CORP. $150.00 01 62053 CONTRACTUAL SERVICES
NEILL ENGINEERS CORP. Total $150.00

120356 6/8/2010 NEXTEL COMMUNICATIONS $25.55 01 82036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $27.59 01 78036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $31.31 01 64036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $92.39 01 72036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $100.61 01 76036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $100.92 01 69036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $134.12 01 70036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $245.29 01 65036 TELEPHONE
120356 6/8/2010 NEXTEL COMMUNICATIONS $552.58 01 74036 TELEPHONE
NEXTEL COMMUNICATIONS Total $1,310.36

120321 6/1/2010 OFFICE DEPOT, INC. $294.13 01 74043 OFFICE SUPPLIES
120357 6/8/2010 OFFICE DEPOT, INC. $20.26 01 69043 OFFICE SUPPLIES
120357 6/8/2010 OFFICE DEPOT, INC. $32.88 01 65049 EQUIPMENT MAINTENANCE
120357 6/8/2010 OFFICE DEPOT, INC. $47.09 01 64053 CONTRACTUAL SERVICES
120357 6/8/2010 OFFICE DEPOT, INC. $68.22 01 76043 OFFICE SUPPLIES
120357 6/8/2010 OFFICE DEPOT, INC. $170.44 01 65049 EQUIPMENT MAINTENANCE
120406 6/15/2010 OFFICE DEPOT, INC. $101.58 01 65042 OFFICE MACHINE SUPPLIES
OFFICE DEPOT, INC. Total $734.60

120358 6/8/2010 ORCHARD SUPPLY $28.00 01 76047 AUTOMOTIVE PARTS/SUPPLIES
120358 6/8/2010 ORCHARD SUPPLY $171.67 01 76045 MATERIALS/SUPPLIES
120358 6/8/2010 ORCHARD SUPPLY $199.25 01 78045 MATERIAL/SUPPLIES
ORCHARD SUPPLY Total $398.92

120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $58.29 01 78026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $61.55 01 70026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $184.37 60 81026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $399.47 01 82026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $590.54 01 64026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $759.16 01 72026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $1,342.92 01 76026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $2,198.97 01 84026 UTILITIES
120359 6/8/2010 PACIFIC GAS & ELECTRIC CO $2,743.62 01 74026 UTILITIES
120407 6/15/2010 PACIFIC GAS & ELECTRIC CO $250.34 01 76026 UTILITIES
PACIFIC GAS & ELECTRIC CO Total $8,589.23

120462 6/22/2010 PAUL TOMASI $37.94 01 74095 OPERATIONAL SERVICES/SUPPLIES
PAUL TOMASI Total $37.94

120452 6/22/2010 PEBBLE BEACH COMPANY $265.94 01 74053 CONTRACTUAL SERVICES
PEBBLE BEACH COMPANY Total $265.94

120453 6/22/2010 PENINSUL HYDRONICS INC. $503.24 01 70050 OUTSIDE LABOR
PENINSUL HYDRONICS INC. Total $503.24

120408 6/15/2010 PENINSULA COMMUNICATIONS $240.00 01 74050 OUTSIDE LABOR
PENINSULA COMMUNICATIONS Total $240.00

120360 6/8/2010 PENINSULA MESSENGER SERVICE $4,686.00 01 64204 MAIL SERVICE CONTRACT
PENINSULA MESSENGER SERVICE Total $4,686.00

120322 6/1/2010 PETTY CASH $8.46 01 74095 OPERATIONAL SERVICES/SUPPLIES
120322 6/1/2010 PETTY CASH $12.00 01 74095 OPERATIONAL SERVICES/SUPPLIES
120322 6/1/2010 PETTY CASH $33.98 01 74095 OPERATIONAL SERVICES/SUPPLIES
120409 6/15/2010 PETTY CASH $0.61 01 74038 POSTAGE
120409 6/15/2010 PETTY CASH $5.00 01 64030 TRAINING/PERSONAL EXP.
120409 6/15/2010 PETTY CASH $6.36 01 74095 OPERATIONAL SERVICES/SUPPLIES
120409 6/15/2010 PETTY CASH $12.64 01 74095 OPERATIONAL SERVICES/SUPPLIES
120409 6/15/2010 PETTY CASH $25.69 01 74095 OPERATIONAL SERVICES/SUPPLIES
PETTY CASH Total $104.74

120323 6/1/2010 PETTY CASH - RECREATION $11.00 01 82055 COMMUNITY ACTIVITIES
PETTY CASH - RECREATION Total $11.00

120455 6/22/2010 PITNEY BOWES INC. $670.11 01 88818 POSTAGE METER
PITNEY BOWES INC. Total $670.11

120410 6/15/2010 POSTMASTER $100.00 01 69033 DUES/MEMBERSHIPS
POSTMASTER Total $100.00

120362 6/8/2010 PROFESSIONAL EXCHANGE SERVICE CO $80.41 01 67051 PROFESSIONAL SERVICES
PROFESSIONAL EXCHANGE SERVICE CO Total $80.41
120456 6/22/2010 PROFESSIONAL PROP MAINT $7,047.80 01 70053 CONTRACTUAL SERVICES
PROFESSIONAL PROP MAINT Total $7,047.80

120361 6/8/2010 PROPERTY SERV/MAINTENANCE $5.95 01 78053 0004 CONTRACTUAL SERVICES
120361 6/8/2010 PROPERTY SERV/MAINTENANCE $12.86 01 78053 0006 CONTRACTUAL SERVICES
120361 6/8/2010 PROPERTY SERV/MAINTENANCE $14.61 01 78053 0006 CONTRACTUAL SERVICES
120361 6/8/2010 PROPERTY SERV/MAINTENANCE $300.00 01 78053 0003 CONTRACTUAL SERVICES
120361 6/8/2010 PROPERTY SERV/MAINTENANCE $325.00 01 78053 0004 CONTRACTUAL SERVICES
120361 6/8/2010 PROPERTY SERV/MAINTENANCE $415.00 01 78053 0006 CONTRACTUAL SERVICES
PROPERTY SERV/MAINTENANCE Total $1,073.42

120411 6/15/2010 PUBLIC STORAGE $31.00 01 67053 CONTRACTUAL SERVICES
120457 6/22/2010 PUBLIC STORAGE $152.97 01 67053 CONTRACTUAL SERVICES
PUBLIC STORAGE Total $183.97

120363 6/8/2010 QUINN COMPANY $10.28 01 76047 AUTOMOTIVE PARTS/SUPPLIES
120363 6/8/2010 QUINN COMPANY $52.09 01 76047 AUTOMOTIVE PARTS/SUPPLIES
QUINN COMPANY Total $62.37

120364 6/8/2010 R&B EXCAVATING, INC. $630.00 01 76050 OUTSIDE LABOR
R&B EXCAVATING, INC. Total $630.00

120414 6/15/2010 RANCHO CAR WASH $63.34 01 74050 OUTSIDE LABOR
RANCHO CAR WASH Total $63.34

120415 6/15/2010 RBF CONSULTING $1,200.00 01 88406 GENERAL PLAN HOUSING ELEMENT
RBF CONSULTING Total $1,200.00

120344 6/8/2010 RICH GUILLEN $319.00 01 64030 TRAINING/PERSONAL EXP.
RICH GUILLEN Total $319.00

120381 6/15/2010 ROBERT CARROLL $220.00 01 33405 PLANNING PERMITS
ROBERT CARROLL Total $220.00

120397 6/15/2010 ROBERT S. JAQUES $5,025.00 01 76055 STORM WATER RUNOFF PROG EXP
ROBERT S. JAQUES Total $5,025.00

120391 6/15/2010 RYAN RANCH PRINTERS $698.21 01 60207 COUNCIL DISCRETIONARY
RYAN RANCH PRINTERS Total $698.21

120459 6/22/2010 SANTA ROSA JUNIOR COLLEGE $231.00 01 64030 0240 TRAINING/PERSONAL EXP.
SANTA ROSA JUNIOR COLLEGE Total $231.00

120367 6/8/2010 SELECT STAFFING $456.15 01 67053 CONTRACTUAL SERVICES
SELECT STAFFING Total $456.15

120324 6/1/2010 SENTRY ALARM SYSTEMS $217.52 01 72053 CONTRACTUAL SERVICES
SENTRY ALARM SYSTEMS Total $217.52

120405 6/15/2010 SHERYL NONNENBERG $5,000.00 01 82950 FINE ART MAINT/PRESERVATION
SHERYL NONNENBERG Total $5,000.00

120417 6/15/2010 SKIPS ONE STOP MONTEREY $11.47 01 76047 AUTOMOTIVE PARTS/SUPPLIES
120417 6/15/2010 SKIPS ONE STOP MONTEREY $39.08 01 76054 TOOLS/EQUIPMENT
120417 6/15/2010 SKIPS ONE STOP MONTEREY $111.98 01 76054 TOOLS/EQUIPMENT
120417 6/15/2010 SKIPS ONE STOP MONTEREY $218.15 01 76047 AUTOMOTIVE PARTS/SUPPLIES
SKIPS ONE STOP MONTEREY Total $380.68

120461 6/22/2010 STERICYCLE $39.95 01 67051 PROFESSIONAL SERVICES
STERICYCLE Total $39.95

120413 6/15/2010 STEVE RANA $19.52 01 74095 OPERATIONAL SERVICES/SUPPLIES
120413 6/15/2010 STEVE RANA $24.00 01 74095 OPERATIONAL SERVICES/SUPPLIES
STEVE RANA Total $43.52

120419 6/15/2010 TERRI STEVENS $150.00 01 33405 PLANNING PERMITS
TERRI STEVENS Total $150.00

120325 6/1/2010 THOMSON WEST $427.59 01 61034 DOCUMENTS/PUBLICATIONS
THOMSON WEST Total $427.59

120368 6/8/2010 TIGERLILLY FLORIST&GIFTS $138.56 01 82055 COMMUNITY ACTIVITIES
TIGERLILLY FLORIST&GIFTS Total $138.56

120463 6/22/2010 TRUCKSIS ENTERPRISES,INC. $120.00 01 69055 0001 COMMUNITY ACTIVITIES
120463 6/22/2010 TRUCKSIS ENTERPRISES,INC. $300.00 01 69055 0001 COMMUNITY ACTIVITIES
TRUCKSIS ENTERPRISES,INC. Total $420.00

120326 6/1/2010 US BANK $150.00 01 74050 OUTSIDE LABOR
US BANK Total $150.00

120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $18.49 01 78057 SAFETY EQUIPMENT
120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $29.95 01 76054 TOOLS/EQUIPMENT
120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $64.63 01 76049 EQUIPMENT MAINTENANCE
120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $73.90 01 76057 SAFETY EQUIPMENT
120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $98.75 01 76045 MATERIALS/SUPPLIES
120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $119.90 01 76057 SAFETY EQUIPMENT
120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $196.69 01 76049 EQUIPMENT MAINTENANCE
120369 6/8/2010 VALLEY SAW & GARDEN EQUIP $665.50 01 78054 TOOLS/EQUIPMENT
VALLEY SAW & GARDEN EQUIP Total $1,267.81

120464 6/22/2010 VASILOVICH RESIDENTIAL PLNG & DE $913.75 50 24050 2390 COLBURN/WS CAMINO REAL B 11&12
VASILOVICH RESIDENTIAL PLNG & DE Total $913.75
120370 6/8/2010 VERIZON WIRELESS $34.86 01 60036 TELEPHONE
120370 6/8/2010 VERIZON WIRELESS $54.04 01 64036 TELEPHONE
VERIZON WIRELESS Total $88.90

120421 6/15/2010 WASSON'S CLEANING SVCS. $1,000.23 01 74053 CONTRACTUAL SERVICES
WASSON'S CLEANING SVCS. Total $1,000.23

120423 6/15/2010 ZEE MEDICAL SERVICE CO. $69.98 01 76057 0005 SAFETY EQUIPMENT
ZEE MEDICAL SERVICE CO. Total $69.98

CITY COUNCIL: Resolution Authorizing Use of One of City's Free Days at Sunset Center for Flower Show

Meeting Date: June 8, 2010
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the use of one of the City’s free use days at Sunset Center on May 14, 2011 for a Flower Show sponsored by the Carmel-by-the-Sea Garden Club.

Description: The Carmel-by-the-Sea Garden Club has requested use of the Sunset Center Theater for its Flower Show on Saturday, May 14, 2011.

Overall Cost: None
City Funds: N/A

Staff Recommendation: Staff recommends adopting the Resolution allocating one of the City’s free days. The Carmel-by-the-Sea Garden Club, founded in 1979, has done much to improve and maintain City parks through hands-on gardening and fundraising, as well as promoting horticultural education, preservation and conservation throughout the City.

Important Considerations: The Carmel-by-the-Sea Garden Club has requested use of the Sunset Center Theater for this event on May 14, 2011. The City is allocated five days of use of the Sunset Center Theater at no cost. With the approval of this event, the City will have two of its free days remaining in FY 2010/2011.

Decision Record: In August 2009, the City approved one free day for a Carmel-by-the-Sea Garden Club event held in January 2010.

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 THE USE OF ONE OF THE CITY’S FREE USE DAYS AT THE SUNSET CENTER ON MAY 14, 2011 FOR A FLOWER SHOW SPONSORED BY THE CARMEL-BY-THE-SEA GARDEN CLUB

WHEREAS, the agreement between the City and the Sunset Cultural Center, Inc. provides for five (5) days of use of the Sunset Center Theater at no cost to the City; and

WHEREAS, the Carmel-by-the-Sea Garden Club has requested use of the Sunset Center Theater at no cost to the City for the purpose of holding its Flower Show on May 14, 2011; and

WHEREAS, the Carmel-by-the-Sea Garden Club’s event has been designated by The Garden Club of America as a competitively judged, major flower show; and

WHEREAS, the Carmel-by-the-Sea Garden Club has worked to improve and maintain the City parks and has tirelessly promoted horticultural education, preservation and conservation throughout the City.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve the use of Sunset Center Theater, for one (1) day on May 14, 2011 by the Carmel-by-the-Sea Garden Club.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 8th day of June 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 of $1,000 to Support Carmel Unified Youth Baseball Program

Meeting Date: June 8, 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-THE-SEA 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-THE-SEA this 8th day of June 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 Destruction of Certain Records

Meeting Date: June 8, 2010
Prepared by: Heidi Burch, City Clerk

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

Description: The City has adopted the City Clerks’ Association of California Local Government Records Retention Guidelines as its records management program. Departments have identified records that are eligible for destruction and are listed in Exhibit “A” attached hereto.

Overall Cost:
City Funds: Between $450 - $500
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution and authorize staff to proceed with the destruction of records.

Important Considerations: Destruction of the records will free up needed document storage space and will aid in streamlining research for documents. The City Attorney has reviewed the list of documents and has authorized their destruction.

Decision Record: The Council has previously approved Resolutions No. 2000-31, 2006-17, 2007-66, 2008-77, and 2009-12 authorizing destruction of documents.

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 THE DESTRUCTION OF CERTAIN RECORDS IN ACCORDANCE WITH §34090 et seq. OF THE GOVERNMENT CODE

WHEREAS, the City of Carmel-by-the-Sea has an ongoing program for the destruction of records in accordance with §34090 et seq. of the Government Code of the State of California; and

WHEREAS, the Government Code states that unless otherwise provided by law, records that are two years old may be destroyed upon consent of the legislative body; and

WHEREAS, it has been determined that certain documents are no longer of value to the organization of the City; and

WHEREAS, sufficient funds have been budgeted for this program in Fiscal Year 2009/2010.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize, in accordance with §34090 et seq. of the Government Code of the State of California, and with the permission of the City Attorney, the destruction of those records described in Exhibit “A”, attached hereto.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA THIS 8th day of June, 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 Amending Joint Powers Agreement for Monterey County Regional Taxi Authority

Meeting Date: June 8, 2010
Prepared by: George E. Rawson

City Council
Agenda Item Summary

Name: Consideration of a Resolution amending the Joint Powers Agreement for the Monterey County Regional Taxi Authority to include an Addendum related to the Monterey Peninsula Airport District.

Description: On May 4, 2010, City Council approved Resolution 2010-36, entering into a Joint Powers Agreement for the Monterey County Regional Taxi Authority (RTA). Subsequently, the Monterey Peninsula Airport District requested an addendum to the JPA outlining terms of its participation in the RTA.

Overall Cost:
City Funds: N/A

Staff Recommendation:
Staff recommends that City Council approve this Resolution amending the
JPA to include the Addendum. Approval of the Addendum does not change
the terms of the City’s participation, as approved in Resolution 2010-36.
Also, according to the Transportation Agency for Monterey County (TAMC), which is administrator for the RTA, approval of the addendum does not bind the City to anything except "to exercise reasonable and good faith efforts to explore cost-sharing options for such infrastructure or operational expenses as may be necessary to make such an open-entry system feasible at the airport”.

Important Considerations:
The Sand City Council approved a Resolution approving the JPA with the
Monterey Peninsula Airport addendum on June 1, 2010. Other cities have
this item on future agendas.

Decision Record:
May 4, 2010: City Council approved Resolution 2010-36, approving the City’s participation in the RTA.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE JOINT POWERS AGREEMENT FOR THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY
TO INCLUDE AN ADDENDUM RELATED TO THE MONTEREY PENINSULA AIRPORT DISTRICT

WHEREAS, on May 4, 2010, the Carmel-by-the-Sea City Council passed Resolution 2010-36, approving the City Administrator to sign the Joint Powers Agreement for the City to participate in the Monterey County Regional Taxi Authority; and

WHEREAS, the Monterey Peninsula Airport District has subsequently requested participating agencies adopt an addendum outlining terms of its participation in the Monterey County Regional Taxi Authority; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
SECTION 1. Approve the Addendum to the Monterey County Regional Taxi
Authority Joint Powers Agreement to include terms outlined by the Monterey Peninsula Airport District.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 8th day of June 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

ADDENDUM 1 TO THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY JOINT POWERS AGREEMENT
This Addendum 1 to the Monterey County Regional Taxi Authority Joint Powers Agreement is entered into among the participants who have executed the Monterey County Regional Taxi Authority Joint Powers Agreement (the “JPA Agreement”) with reference to the following facts and objectives:
A. Unlike neighboring municipalities, the Monterey Peninsula Airport District (“MPAD”) does not presently have access to revenue from property, sales, fuel or transient occupancy taxes, and so is dependent on income from sources such as its taxicab franchise.

B. One of MPAD's primary concerns with respect to taxicab service is that an adequate supply of taxicabs continuously be available at the airport to meet the needs of air travelers using the airport.

C. Toward meeting the ends of assuring an appropriate stream of revenue from taxicab operations and assuring an appropriate level of taxicab service on an ongoing basis, MPAD has used an exclusive taxicab franchise agreement.

D. MPAD has been exploring and intends to complete within 120 days its
identification and analysis as to what means and mechanisms would be required to move toward an open-entry system for taxicab operators at the airport.

E. Over the course of the discussions that led to the JPA Agreement, the various participants were made aware of MPAD's unique situation and need to preserve an appropriate revenue stream and level of service at the airport. Nevertheless, the JPA Agreement contains some provisions which, if left unclarified, could create confusion with respect to MPAD's ability to continue to meet its needs.

NOW, THEREFORE, the parties agree as follows:
1. The provisions of the JPA Agreement notwithstanding, MPAD may continue
to use an exclusive taxicab franchise agreement at the airport or otherwise control the number of taxicab franchises serving the airport. No permit to operate a taxicab issued by the Monterey County Regional Taxi Authority (the “RTA”) shall be valid for picking up fares at the airport without MPAD's endorsement and approval.

2. The provisions of the JPA Agreement notwithstanding, MPAD may continue
to impose or authorize the imposition of a surcharge on airport taxicab trips or otherwise regulate or adjust fares on airport taxicab trips. To the extent that any RTA Rules and Regulations governing rates for the provision of taxicab services are inconsistent with MPAD's approved rates, MPAD's rates shall govern with respect to airport taxicab trips.

3. MPAD shall continue to exercise reasonable and good faith efforts to
investigate moving toward an open-entry system for taxicabs at the airport. The other participants in the RTA shall continue to exercise reasonable and good faith efforts to explore cost-sharing options for such infrastructure or operational expenses as may be necessary to make such an open-entry system feasible at the airport.

CITY COUNCIL: Ordinance Amending the Mills Act Program (Second Reading)

Meeting Date: 8 June 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 (Second 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 restoration, and allow historic properties in any zoning district to apply.

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

Staff Recommendation: Adopt the Ordinance (2nd 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 participating governments, 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, while the property owner benefits by having a reduced tax burden.

Decision Record: The Council adopted the first reading of this ordinance on 4 May 2010.

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: 8 JUNE 2010
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE MILLS ACT PROGRAM FOUND IN THE CITY’S HISTORIC PRESERVATION ORDINANCE (2ND READING)

BACKGROUND & DESCRIPTION
The City adopted the Mills Act as part of the Local Coastal Program in 2004. The City’s program establishes findings that must be made in order to approve a contract. The proposed Ordinance amends the City’s Mills Act Program to: 1) establish rehabilitation or restoration projects as a priority; 2) open the program to commercial properties; 3) revise some of the existing required findings; and 4) allow the Council to establish by
Resolution a limit on the number of contracts that could be approved.
The City Council adopted the first reading of this Ordinance on 4 May 2010. The proposed revisions are shown with strikeout and underline in the attached Exhibit “A”.

A Resolution establishing a limit of three contract approvals per year is listed as a separate item on this agenda. The Resolution also requires that the City Council evaluate the Mills Act Program after a period of five years to determine if the program should be continued.

RECOMMENDATION
Adopt the Ordinance amending the Mills Act requirements upon second reading.

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

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 Coastal Implementation Plan to focus Mills Act contracts on properties that have a demonstrable rehabilitation or restoration need; and

WHEREAS, the Historic Resources Board and the Planning Commission unanimously recommended adoption of the ordinance; and

WHEREAS, the City Council approved the first reading of the ordinance on 4 May 2010; 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 revising the Mills Act program in the City of Carmel-by-the-Sea as shown in Exhibit “A”.

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.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 8th day of June, 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

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 or restoration 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 rehabilitation and maintenance and may include a program to restore deteriorated elements. All recipients of Mills Act contracts are required to implement a rehabilitation/restoration and 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 rehabilitation/restoration and maintenance plan. All
rehabilitation/restoration and maintenance work shall be completed in conformance with the Secretary of Interior’s Standards for Rehabilitation. All Mills Act contracts shall specify that the rehabilitation/restoration and maintenance plan shall be updated at least every 10 years by a
qualified professional and approved by both parties.

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 Historic Resources Board (HRB), the City Council to approve and the City Clerk to cause to be recorded with the Monterey County Recorder 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 rehabilitation/restoration 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/restoration 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 HRB Board. The HRB 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 HRB 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 HRB 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/restoration and maintenance plan is appropriate in scope and sufficient in detail to guide long-term rehabilitation/restoration and maintenance. Required maintenance and rehabilitation 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, damage or diminish affect any primary elevation or character-defining feature, and
(C) Do not alter, damage or diminish any character-defining feature, and
(C)(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
(D)(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.

CITY COUNCIL: Ordinance Amending Chapter 9.80 of Municipal Code to Establish Regulations of the Monterey County Regional Taxi Authority

Meeting Date: June 8, 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 (Second reading).

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: City Council passed the first reading of the proposed Ordinance at its meeting on May 4, 2010.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

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.

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 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.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 8th day of June 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

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
38
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.
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
39
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 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)
40
ATTACHMENT “B”
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.
41
“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.
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
42
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 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,
43
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.
(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 reinspected
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
44
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 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.
45
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.
(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
46
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 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.
47
(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.
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;
48
(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.
(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.
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(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
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.
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(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.
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.
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(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 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
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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 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-toduty
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.
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(i) For purposes of this Section, “employment” includes self-employment as
an independent driver or owner/operator of a taxicab.
9.08.250 Taximeters.
(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.
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(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 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.