CITY COUNCIL AGENDA & MINUTES May 2013

AGENDA

Regular Meeting

Tuesday, May 7, 2013

4:30 p.m., Open Session

City Hall

East side of Monte Verde Street

between Ocean and Seventh Avenues

Live video streaming available at:

www.ci.carmel.ca.us

Broadcast date

Sunday, May 12, 2013

8:00 a.m., MCAET Channel 26

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. Employee Recognition: Marc Wiener, Interim Senior Planner

B. Community Recognition: Monterey County Short Documentary award winner, Molly Wolf

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

A. Announcements from Closed Session.

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

C. Announcements from City Administrator.

1. Code Compliance update
2. Community Planning & Building Director recruitment update
3. Presentation of FY 2011-12 Draft Audited Financial Statements
4. Quarterly financial presentation
5. Present proposed 2013/14 budget for the June budget hearings

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. 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 would like to comment on and the microphone will be brought to you.

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 Special Budget meeting on March 19, 2013.

B. Ratify the minutes for the regular meeting of April 2, 2013.

C. Ratify the bills paid for the month of April 2013.

D. Receive Monthly Fire and Ambulance reports.

E. Consideration of a Resolution accepting a donation of $3,000 from the Barnet Segal Charitable Trust for Ocean Avenue landscaping and Devendorf Park improvements.

F. Consideration of a Resolution adopting compensation changes for the City of Carmel-by-the-Sea Ambulance Paramedic/Firefighter employees.

G. Receive FY 2011-12 Draft Audited Financial Statements by Joe Arch, CPA, JJACPA, Inc.

H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.

I. Consideration of a Resolution to enter into a Memorandum of Understanding with Monterey County Free Libraries to offer literacy services at Harrison Memorial Library.

J. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.

VIII. Orders of Council

A. Update on water supply projects and California Public Utilities Commission (CPUC) process.

B. Approval of the annual Hospitality Improvement District (HID) report and annual Council review of the assessment.

C. Receive the Draft Request for Proposals (RFP) for Solid Waste, Recycling and Organics Collection Services and provide comments on the RFP to the Monterey Regional Waste Management District.

D. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments and other live entertainment where alcoholic beverages are sold or served. (Second reading)

E. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second Reading).

IX. Future Council Agenda Items

A. Receive the Council agenda forecast.

X. Reconvene to Closed Session – Continued from May 6, 2013 Session

XI. Announcements in Open Session (if any)

XII. Adjournment

The next meetings of the City Council will be:

Council Workshop: 5:30-6:30 p.m.
Monday, June 3, 2013
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, June 4, 2013
Council Chambers

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.

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 Seventh Avenues, during normal business hours

MINUTES

REGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

May 7, 2013

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 4:32 p.m. Mayor Burnett called the meeting to order.

II. PRESENT: Council Members Beach, Hillyard, Talmage, Theis & Mayor Burnett
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Assistant City Administrator/City Clerk
Paul Tomasi, Police Commander
Janet Bombard, Library Director
Sharon Friedrichsen, Director of Public Services
Sue Paul, Administrative Services Director
Marc Wiener, Interim Senior Planner

III. PLEDGE OF ALLEGIANCE

Council Member Beach led the Council and audience in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS

A. Employee Recognition: Marc Wiener

City Administrator Stilwell gave the recognition.

B. Community Recognition: Monterey County Short Documentary award winner, Molly Wolf

Mayor Burnett presented the Certificate of Appreciation.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session.

City Attorney Don Freeman indicated that there was one announcement from Closed Session: the applicant for the building permit at issue in Simonelli vs. the City of Carmel-by-the-Sea has assumed all responsibility for the litigation and the City would bear no costs.

Mayor Burnett noted that one of the proposals submitted for the lease of the Flanders property was submitted by applicants known to him. He indicated that he had recused himself and left the room during the Closed Session discussion by Council on May 6th.

B. Announcements from City Council members

Council Member Beach noted community meetings being conducted by the Regional Advisory Committee of the Association of Monterey Bay Area Governments (AMBAG).

Council Member Talmage provided additional information on AMBAG and the upcoming meetings.

Mayor Burnett reappointed Council Member Ken Talmage as Vice Mayor.

C. Announcements from City Administrator.

1. Code Compliance update

City Administrator Stilwell gave the update.

2. Community Planning & Building Director recruitment update

The recruitment update was given by City Administrator Stilwell.

3. Presentation of FY 2011-12 Draft Audited Financial Statements

Joe Arch of JJACPA presented the Draft Audited Financial Statements.

4. Quarterly financial presentation

City Administrator Stilwell provided a brief presentation of the 3rd Quarter.

5. Present proposed 2013/14 budget for the June budget hearings

City Administrator Stilwell presented the proposed budget and outlined the upcoming budget process.

VI. PUBLIC APPEARANCES

Mayor Burnett opened the meeting to public comment at: 5:21 p.m.

Monte Miller spoke about the treatment of LaPlaya employees; Elinor Laiolo spoke about restoration of the North Dunes and the removal of trees; Barbara Brooks spoke about the Cavalier King Charles Spaniel beach event; Dave Spaur, Economic Development Director for the County of Monterey; Jean Stein spoke about distracted driving.

Mayor Burnett closed the meeting to public comment at 5:38 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the Special Budget meeting on March 19, 2013.

B. Ratify the minutes for the regular meeting of April 2, 2013.

C. Ratify the bills paid for the month of April 2013.

D. Receive Monthly Fire and Ambulance reports.

E. Consideration of a Resolution accepting a donation of $3,000 from the Barnet Segal Charitable Trust for Ocean Avenue landscaping and Devendorf Park improvements.

F. Consideration of a Resolution adopting compensation changes for the City of Carmel-by-the-Sea Ambulance Paramedic/Firefighter employees.

G. Receive FY 2011-12 Draft Audited Financial Statements by Joe Arch, CPA, JJACPA, Inc.

H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.

I. Consideration of a Resolution to enter into a Memorandum of Understanding with Monterey County Free Libraries to offer literacy services at Harrison Memorial Library.

J. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.

Council Member Theis pulled Item H. and Council Member Beach pulled item J. for further discussion.

Mayor Burnett opened and closed the meeting to public comment at 5:42 p.m.

Members of the public indicated from their seats interest in discussing Item J.

Council Member TALMAGE moved to approve Consent Agenda Items A-G and I, seconded by Council Member BEACH and carried unanimously.

Item VII.H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.

Clarification of issues surrounding Item H. was provided by Council Members Theis and Talmage to the public.

Mayor Burnett opened to the meeting to public comment at 5:53 p.m. for discussion of Item H.
Tom Wilson addressed the Council regarding delivery trucks.

The meeting was closed to public comment at 5:56 p.m.

Council Member HILLYARD moved to approve Consent Agenda Item H. with the modification of the contract to reflect the Council discussion, seconded by Council Member BEACH and carried unanimously.

Item VII.J. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.

Mayor Burnett opened the meeting to the public at 6:12 p.m.

Barbara Livingston and Sue McCloud addressed Council.

The meeting was closed to public comment at 6:16 p.m.

Council Member TALMAGE moved to approve Consent Agenda Item J. with an amendment under “Application Procedure”, that Planning staff will track the usage of the banner poles and that the Planning Commission will review the policy for the use of banners on private property, seconded by Council Member THEIS

An amendment to the motion was made to add the following: and one amendment under “Installation, Monitoring and Removal” to read “it is the policy of the city to only install city banners/flags for specific events (for example memorial Day, Fourth of July)

The motion incorporating all of the amendments passed unanimously.

VIII. ORDERS OF COUNCIL

A. Update on water supply projects and California Public Utilities Commission (CPUC) process.

Mayor Burnett presented the update and opened the meeting to public comment at 6:40 p.m.

Monte Miller addressed Council.

The meeting was closed to public comment by Mayor Burnett at 6:41 p.m.

B. Approval of the annual Hospitality Improvement District (HID) report and annual Council review of the assessment.

Based on Council Member THEIS’ association with the Innkeeper’s Association, she recused herself and left the Council Chambers.

City Attorney, Don Freeman, outlined the process for the assessment review.

Monta Potter, CEO of the Carmel Chamber of Commerce, presented the annual HID report.

Mayor Burnett opened the meeting to public comment at 6:56 p.m.

Dave Spaur, Economic Development Director for the County of Monterey addressed Council.

The meeting was closed to public comment by Mayor Burnett at 6:57 p.m.

Council Member HILLYARD moved to receive the annual HID report, certify that no protest letters were received and approve the continuation of the assessment at the current rate, seconded by TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD,TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: THEIS

C. Receive the Draft Request for Proposals (RFP) for Solid Waste, Recycling and Organics Collection Services and provide comments on the RFP to the Monterey Regional Waste Management District.

Sharon Friedrichsen, Director of Public Services, Sue McCloud and Jeff Lindenthal of the Waste Management District presented the report. Joe Cadelago of Waste Management, Inc. answered Council questions.

Mayor Burnett opened the meeting to public comment at 7:50 p.m.

Monte Miller addressed Council.

The meeting was closed to public comment by Mayor Burnett at 7:52 p.m.

Item VII.F. This item was reheard to incorporate a last minute amendment, changing the effective date to March 16, 2013.

Mayor Burnett opened and closed the meeting to public comment at 8:14 p.m.

Council Member TALMAGE moved to approve Consent Agenda Item VII.F., with the amendment to change the effective date of March 16, 2013, seconded by Council Member BEACH and carried unanimously.

D. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments and other live entertainment where alcoholic beverages are sold or served. (Second reading)

Staff proposed and Council agreed to strike “and other live entertainment” from the title of the Ordinance.

Mayor Burnett opened and closed the meeting to public comment at 8:17 p.m.

Barbara Livingston and Roberta Miller addressed Council.

Mayor Burnett opened and closed the meeting to public comment at 8:25 p.m.

Council Member HILLYARD moved to adopt the Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments where alcoholic beverages are sold or served, seconded by THEIS

Mayor BURNETT moved to adopt the Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments where alcoholic beverages are sold or served with the amendment that permits expire after ten years, seconded by TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD,TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

E. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second Reading).
Mayor Burnett opened and closed the meeting to public comment at 8:49 p.m.

Council Member TALMAGE moved to adopt the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second Reading), seconded by HILLYARD and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: THEIS
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

IX. FUTURE COUNCIL AGENDA ITEMS

Receive the Council agenda forecast.

Mayor Burnett opened and closed the meeting to public comment at 8:51 p.m.

X. ADJOURNMENT

Mayor Burnett declared the meeting adjourned at 8:52 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT

CITY COUNCIL: Closed Session & Public Workshop

CARMEL-BY-THE-SEA CITY COUNCIL

Closed Session and

Public Workshop

Monday, May 6, 2013 – 4:00 p.m.,

with workshop to follow at 5:30 p.m.

Council Chambers

East side of Monte Verde Street between

Ocean and Seventh Avenues

I. Roll Call then Adjourn to Closed Session

II. Closed Session at City Hall

Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will
adjourn to Closed Session to consider the following:

1. Public Employment - Government Code Section 54957(b)(1) – Title: City Treasurer

2. Public Employment - Government Code Section 54957(b)(1) – Title: City Attorney

3. Potential Litigation - Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

4. Existing Litigation - Government Code Section 54956.9(a) - Conference with legal counsel regarding Jacqueline C. Simonelli v. City of Carmel-by-the-Sea, Respondents – United States District Court Case No. C 13-1250 LB.

5. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

6. Property Negotiations – Government Code Section 54956.8, Property strategy negotiations regarding the lease of Flanders Mansion (APN 010-061-005).

7. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

III. Announcements in Open Session (if any)

IV. Adjourn to Public Workshop (begins at 5:30 p.m.) Subject: City Financial Update

V. Reconvene to closed session (if necessary)

VI. Adjournment

CITY COUNCIL: Check Register May 2013

  Check Register May 2013

City of Carmel-by-the-Sea
Check Register May 2013

CITY COUNCIL: Third Quarter Fiscal Year 2012-2013 Performance Report

  Third Quarter FY 2012-13 Performance Report 05-07-13 

CITY COUNCIL: City Fiscal Year 2013-2014 Proposed Operating Plan & Budget

City of Carmel-by-the-Sea, California

Fiscal Year 2013-2014

Proposed Operating Plan & Budget

May 7, 2013

  FY 2013-14 Proposed Operating Plan & Budget 05-07-13 

CITY COUNCIL: Resolution Accepting Donation of $3000 from the Barnet Segal Charitable Trust for Ocean Avenue Landscaping & Devendorf Park Improvements

Meeting Date: 7 May 2012

Prepared by: Sharon Friedrichsen

Public Services Director

City Council

Agenda Item Summary

Name: Consideration of a Resolution accepting a donation of $3,000 from the Barnet Segal Charitable Trust for Ocean Avenue landscaping and Devendorf Park improvements.

Description: The proposed donation is to beautify the downtown area. The Barnet Segal Charitable Trust has provided funding for landscaping of the median strip of Ocean Avenue and improvements to Devendorf Park.

Overall Cost:
City Funds: N/A
Grant Funds: $3,000

Staff Recommendation: Adopt the attached Resolution.

Important Considerations: City Council Policy C89-41 requires that all gifts in excess of $1,000 be accepted by Resolution of the City Council.

Decision Record: N/A

Reviewed by:

Jason Stilwell, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A $3,000 GIFT FROM THE BARNET SEGAL CHARITABLE TRUST TO BEAUTIFY DOWNTOWN

WHEREAS, the Barnet Segal Charitable Trust is interested in helping the City of Carmel-by-the-Sea beautify its downtown; and

WHEREAS, the Barnet Segal Charitable Trust has provided $3,000 to be used for median landscaping on Ocean Avenue and for improvements at Devendorf Park; and

WHEREAS, City Council Policy C89-41 requires that all gifts in excess of $1,000 be accepted by resolution of the City Council.

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

1. Accept with gratitude the $3 ,000 donation from the Barnet Segal Charitable Trust and authorize it to be deposited into account# 7805.3

2. Request that the Mayor send a thank you letter to the Barnet Segal Charitable Trust.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this seventh day of May 2013 by the following roll call vote:

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

ATTEST: SIGNED,

Heidi Burch, City Clerk JASON BURNETT, MAYOR

CITY COUNCIL: Resolution Adopting Compensation Changes for City of Carmlel-by-the-Sea Ambulance paramedic/Firefighter Employees

Meeting Date: May 7, 20 13

Prepared by: Susan Paul

City Council

Agenda Item Summary

Name: Consideration of a Resolution adopting compensation changes for the City of Carmel by-the-Sea Ambulance Paramedic/Firefighter employees.

Description: Adoption of this Resolution will provide for certain changes in compensation for the City's Ambulance Paramedic/Firefighter employees including a market based salary adjustment and the establishment of a one-time retention incentive.

Compensation Salary adjustments:
Paramedic/Firefighter- 15% Base sala ry adjustment effective April 1, 2013.

Retention Incentive- A one-t ime, non re-occurring $5000 retention incentive paid to employees employed by the City of Carmel by-the-Sea on May 7th 2013 working as a Paramedic/Firefighter.
Employees accepting the retention incentive will be required to execute a retention incentive agreement (Attachment II).

Overall Cost: City Funds: FY 12/13 - $27,884 (remainder of Fiscal Year) FY 13/14 - $78,656
No additional funding is proposed at this t ime.

Staff Recommendation: Adopt Resolution

Reviewed by:

Jason Stilwell, City Administrator  Date

  Resolution Adopting Compensation Changes Ambulance Paramedic Firefighter Employees 05-07-13 

CITY COUNCIL: Receive FY 2011-12 Draft Audited Financial Statements by Joe Arch, CPA, JJACPA, Incl.

Meeting Date: May 7, 2013

Prepared by: Susan Paul

City Council

Agenda Item Summary

Name: Present FY 2011-12 Draft Audited Financial Statements by Joe Arch, CPA, JJACPA, Inc.

Description: Each year Council receives a presentation of the draft audited financial statements from the City's auditor, Joe Arch, of the Pleasanton-based firm JJACPA, Inc. The FY 2011-12 audit was conducted in November 2012.

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

Staff Recommendation: Receive the report.

Reviewed by:

Jason Stilwell, City Administrator  Date

CITY COUNCIL: Authorize City Administrator to Execute an Agreement with Walker Parking Consultants to Update the 2000 Walker Study

Meeting Date: 7 May 2013

Prepared by: Michael Calhoun,

Public Safety Director

City Council

Agenda Item Summary

Name: Authorize the City Administrator to execute an agreement with Walker Parking Consultants to
update the 2000 Walker study.

Description: In 1999, the City of Carmel-by-the-Sea parking 2000 committee, and Schlumberger North
America commissioned Walker Parking Consultants to study the feasibility of installing multi-space
meters in downtown Carmel.

January 21, 2000, Walker consultants prepared a multi-space meter parking study for the City of Carmel
by-the-Sea, examining the feasibility of introducing fee-based parking to the downtown parking district.
Since the 2000 Walker Study, paid parking stations were installed at the Sunset Center north lot and bus
zone. Fee base parking, however, was not installed in the downtown area.

The City Council has adopted key goals and initiatives for 2013 which include updating parking
management plans and studies to consider parking polices in 2013 and potential modifications in 2014.
The purpose of this agreement is to update the existing Walker 2000 study and develop a set of
comparative data and facts the City Council can use to develop parking management goals. The Walker
information in conjunction with the comparative data and community data gathered will enable the City
to update the City's parking management plan and use of technology, and develop overall parking
recommendations for a more efficient program that is more effective in serving visitors, residents, and
business owners.

Overall Cost: The Walker Study parking proposal is estimated to cost about $27,100.00, which is
recommended for funding for fiscal year 2013-14 within the 2013-2018 Capital Improvement Program.
The current year budget for professional studies has available funds for this contract work and as a result,
staff recommends utilizing Fiscal year 2012/13 funds to proceed with the work . .

Staff Recommendation: Staff recommends that Council authorize the execution of the agreement.
Important Considerations: Pursuant to the California Environmental Quality Act (CEQA), an updated
parking study will be required to assess the environmental impacts associated with the project.
Decision Record: N/A
Reviewed by:

Jason Stilwell, City Administrator Date

  Agreement With Walker Parking Consultants Update 05-07-13 

CITY COUNCIL: Resolution to Enter into a Memorandum of Understanding (MOU) with Monterey County Free Libraries to Offer Literacy Services at Harrison Memorial Library

Meeting Date: May 7, 2013

Prepared by: Janet Bombard, Library Director

City Council

Agenda Item Summary

Name: Consideration of a resolution to enter into a Memorandum of Understanding with Monterey County Free Libraries to offer literacy services at Harrison Memorial Library.

Description: The Harrison Memorial Library (HML) would like to enter into a Memorandum of Understanding (attached) with the Monterey County Free Libraries' "Read With MCFL" program to offer literacy services to adults who live or work in Monterey County.

Under the terms of the agreement, HML will create an extension program of "Read with MCFL" at the library. The library will provide the space and resources during open hours including a literacy collection and use of public library computers- for the program's tutors and learners. The MOU also stipulates that the library will promote the service, recruit tutors and learners, and provide statistical data about the program to Monterey County Free Libraries. Per the agreement HML staff will be trained to provide interested parties with the necessary information to enroll in the program and be able to assist tutor-learner pairs in the use of library collections and resources.

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

Staff Recommendation: Adopt the resolution

Important Considerations: Between 80,000 and 90,000 adults (28%) in Monterey County lack basic literacy skills. 25% of adult County residents read below the fourth grade level and 24% read below the eighth grade level; 43% of residents with the lowest literacy skills live in poverty. People without essential basic literacy skills typically are not able to obtain better employment or help their children with their homework. Goals expressed by learners in the Read With MCFL program include getting aGED, preparing for better employment, raising self esteem, becoming a U.S. citizen, and being able to read to a child.

Literacy services are an important component of library service. The library has long wanted to provide this service but has not had the resources to do so. Partnering with Monterey County Free Libraries will allow HML to provide the service without having to establish its own program.

Decision Record: None.

Reviewed by:

Jason Stilwell, City Administrator  Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2013 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH MONTEREY COUNTY FREE LIBRARIES TO OFFER LITERACY SERVICES AT HARRISON MEMORIAL LIBRARY

WHEREAS, 28% of Monterey County adults lack basic literacy skills; and

WHEREAS, literacy services are an important component oflibrary service; and

WHEREAS, Monterey County Free Libraries has a well-established literacy program and Harrison Memorial Library has the desire to provide literacy services without establishing a separate literacy program;

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

1. Enter into a Memorandum of Understanding with Monterey County Free Libraries ' "Read With MCFL" program to offer literacy services at Harrison Memorial Library through June 30,2018.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of May 2013, by the following roll call vote:

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

SIGNED:


JASON BURNETT, MAYOR

ATTEST:


Heidi Burch, City Clerk

DRAFT- Memorandum of Understanding between - DRAFT
Monterey County Free Libraries
and
Harrison Memorial Library
This Memorandum of Understanding (MOU) establishes a formal working relationship
between Monterey County Free Libraries, a division of the County of Monterey,
hereinafter referred to as "MCFL", and Harrison Memorial Library, a division of the City
of Carmel-By-the-Sea, hereinafter referred to as "HML". The goal of this collaborative
relationship is to offer literacy services at HML facilities to adults who live or work within
the geographical boundaries of the County of Monterey. MCFL's literacy program, Read
with MCFL, will be referred to as ReadMCFL in this MOU.
I. PURPOSE & SCOPE
The purpose of this MOU is to clearly identify the roles and responsibilities of each party
as they relate to the delivery of literacy services at HMLfacilities to adults who live or
work within the geographical boundaries of the County of Monterey. It is understood
that MCFL has a well-established literacy program and HML has the desire to provide
literacy services without establishing a separate literacy program.
Each party is entering into this MOU in the spirit of collaboration and in good faith with
the intention of finding a way to best serve the public while working with their respective
limited resources.
II. ROLES AND RESPONSIBILITIES UNDER THIS MOU
a. HML shall undertake the following activities:
• Create an extension program of ReadMCFL at their library and assume all
financial responsibility and operational liability for the program
• Ensure that all adults who request literacy services are given the relevant
information, are given the opportunity to request a tutor, and their
contact information provided to ReadMCFL for purposes of assessing their
readiness and matching them with tutors
• Ensure that all adults who seek to become tutors or receive tutor training
are referred to ReadMCFL or given relevant information regarding the
program and/or training opportunities
• Under the assistance of ReadMCFL staff, create, at HML's expense, a
specialized literacy collection consisting of books, workbooks, etc. of
appropriate size for use by tutors and/or learners
• Provide space for tutor-learner pairs to meet for literacy purposes during
regular HML library hours, including tutor/learner pairs from other
ReadMCFL locations
• Allow tutors and/or learners to use HML public access computers
1 of3
MCFL-HML Literacy program MOU 4-2014
46
whatsoever, and from all costs, damages, expenses, charges, debts and liabilities
whatsoever arising out of any actual or alleged act, omission and/or negligence
by HML or the City of Carmel-By-the-Sea and/or their successors, assigns,
directors, officers, employees, volunteers and other agents while offering
services relating to this MOU. The defense, indemnity and hold harmless
obligations set forth herein shall remain in full force and effect during the term
of this MOU, and shall survive the termination or expiration of this MOU for any
actual or alleged act, omission and/or negligence that occurred during the term
of this MOU.
b. MCFL will agree to defend, indemnify and hold harmless HML and the City of
Carmel-By-the-Sea and their successors, assigns, trustees, officers, employees,
agents, and volunteers from and against all actions, causes of action, claims and
demands whatsoever, and from all costs, damages, expenses, charges, debts and
liabilities, whatsoever, arising out of any actual or alleged act, omission and/or
negligence by MCFL or its successors assigns, directors, officers, employees,
volunteers and other agents while performing its obligations under or related to
this MOU. The defense, indemnity and hold harmless obligations set forth herein
shall remain in full force and effect during the term of this MOU, and shall
survive the termination or expiration of this MOU for any actual or alleged act,
omission and/or negligence that occurred during the term of this MOU.
VII. EFFECTIVE DATE AND SIGNATURE
This MOU shall be effective upon the signature of each party's authorized officials. It
shall be in force from the date of the last authorized signature below to June 30, 2018.
Extension of this MOU may be affected at any time upon written agreement by both
parties. The MOU may be dissolved upon mutual agreement or by either party with 30
days written notice to the other party.

Each party shall indicate agreement with this MOU by their signatures.

Signature: Date: _____ _
Janet Bombard, Library Director
Harrison Memorial Library, Ocean Ave. and Lincoln St., Carmel-by-the-Sea, CA 93921

Signature: Date: _____ _

Jayanti Addleman, County Librarian
Monterey County Free Libraries, 188 Seaside Circle, Marina, CA 93933
(831} 883-7573

CITY COUNCIL: Resolution Amending City Council Policy C95-07 Regarding Display of Banners on Public Property for Community Events

Meeting Date: 7 May 201 3

Prepared by: Marc Wiener, Senior Planner

City Council

Agenda Item Summary

Name: Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.

Description: City Council Policy C95-07 outlines the application procedure and review criteria for the placement of banners on public property for community events. Typically the City encourages sharing the banner poles, however, some events draw a large number of visitors to Carmel and only use the banner poles for a short duration. The current policy does not include a provision for considering exclusive use of the banner poles for these events. The proposed amendments would give staff discretion to approve the exclusive use of the banner poles for special events with the Community Activities and Cultural Commission being advisory on these decisions.

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

Staff Recommendation: Adopt the attached Resolution.

Important Considerations: The banner policy was recently amended on 7 August 2012. The purpose of this latest amendment is to give the City more discretion in the review of applications and to improve the application process.

Decision Record: N/ A

Attachments:
• Staff Report
• Amended Policy
• Resolution

Reviewed by:

Jason Stilwell, City Administrator Date '

CITY OF CARMEL-BY-THE-SEA

STAFF REPORT

TO: MAYOR BURNETT AND MEMBER OF THE CITY COUNCIL
FROM: MARC WIENER, SENIOR PLANNER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 7 MAY 2013
SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING CITY COUNCIL POLICY C95-07 REGARDING THE DISPLAY OF BANNERS ON PUBLIC PROPERTY FOR COMMUNITY EVENTS.

BACKGROUND
The Council adopted a policy regarding the display of banners on public property for community events in 1995. The purpose of the policy is to establish an application and review process for organizations wishing to display banners on public property for their respective events. The policy was recently amended on 7 August 2012 to include the following revisions:

• The City encourages up to two events sharing the banner poles at any given time.
• Staff may refer a proposed event to the Community Activities and Cultural Commission if it is unclear whether it qualifies under the four types of allowed events.
• The use of vinyl is prohibited and the material must have a matte finish.
• Website addresses can be posted on the banner.
• Banners can be displayed at Sunset Center.
• Completed applications may be submitted up to one year but not less than 45 days prior to the requested installation date.
• Within 30 days of the installation date the City must notify the applicant to whether the banners have been approved and whether the banner poles will be shared with another event.

One of the primary reasons that the City Council amended the policy was to improve the
application process and provide more equity to the applicants. For example, the revised
policy encourages the sharing of the banner poles and sets limits on when an applicant
can apply. While the amended banner policy is a significant improvement over the
previous one, staff has identified a few additional issues that still need to be addressed as
described in the following section.
49
Banner Policy C95-07
7 May 2013
Staff Report
Page2
PROPOSED AMENDMENTS
Use of Banner Poles:
With regards to the use of the banner poles the current policy states that "the city
encourages up to two events sharing the banner poles at any given time" and "if more
than 2 events request the same dates, staff will give preference to those events or
organizations that have had the fewest displays in the past 12 months. "
Typically the City encourages sharing the banner poles, however, some events such as
the Art and Film Festival, Concours d' Elegance, and the Art Festival draw a large
number of visitors to Carmel and only use the banner poles for a short duration. The
current policy does not include a provision for considering exclusive use of the banner
poles for events that provide significant cultural and economic benefit to the City.
The policy should also consider the number of days being requested by each event or
organization when determining whether sharing is appropriate and equitable. For
example, the Forest Theater Guild and PacRep operate theaters within the City that have
regular theatrical events. This year the Forest Theater Guild has been approved to use the
banner poles a total of 71 days, while PacRep was approved for 89 days. Other special
events such as the Art and Film Festival, Concours d' Elegance, and the Art Festival
occur once per year and use the banners for a limited duration ranging from 8-13 days.
Most of these events occur during the busy theater season (July-Oct), which can lead to
conflict.
Staff reviewed whether it is equitable to make an organization that only displays their
banners for a short duration (8-13 days) share with an organization that has regular events
and displays banners for a much longer duration (70-90 days). In order to maintain
equity in the application process staff recommends giving some preference to
organizations that display banners for the fewest amount of days.
This latest revision adds a provision to the banner policy allowing staff to approve
exclusive use of the banner poles for organizations or events that provide significant
cultural and economic benefit to the City, and with preference given to organizations that
request the fewest number of days. The policy states that the Community Activities and
Cultural Commission shall be advisory to staff on these decisions.
Harrison Memorial Library: Harrison Memorial Library has several fundraising events
throughout the year that are advertised by placing banners on the front balcony of the
library. Staff has added the Harrison Memorial Library to the list of approved locations
and stating that it can only be used to display banners for library sponsored events.
50
Banner Policy C95-07
7 May 2013
Staff Report
Page3
An additional provision has also been included to the policy allowing the banner to be
displayed a maximum of 30 days prior to the event.
Notification: The current policy states that the applicant shall be notified of approval
within 30 days of the installation date. Staff has revised the notification period to 60 days
to provide the applicant with a more reasonable timeframe to prepare the banners once
receiving approval.
Commissions: CMC 2.68.060 states that the role of the Community Activities and
Cultural Commission is "to stimulate and encourage community, cultural and
recreational activities within the City and to actively participate in the executions of
these activities" and "to serve in an advisory capacity to the City Council, the City
Administrator and Community Services Manager in regard to community activity and
recreation matters and all such matters pertaining to public recreation and the use of
recreational lands, facilities and donations. "
The current policy refers decisions about the type of events that can display banners to
the Community Activities and Cultural Commission, while decisions about banner
locations are to be referred to the Planning Commission. Staff has replaced references to
the Planning Commission with the Community Activities and Cultural Commission to
make them the primary commission responsible for reviewing banner applications, which
will provide more consistency in the application process.
SUMMARY
Staff is proposing amendments to the existing policy to address some of the issues
outlined above (shown in strike out and bold underline in Attachment "A").
RECOMMENDATION
Adopt the attached Resolution.
51
Attachment "A"
CITY OF CARMEL-BY-THE-SEA
POLICY C95-07 Updated 5/7/13
BANNERS ON PUBLIC PROPERTY
PURPOSE:
To establish a policy outlining the procedure for application and review of the design, style,
appropriate locations, duration of display, installation and removal of banners on public
property in the City of Carmel-by-the-Sea.
POLICY:
The City of Carmel-by-the-Sea supports the concept of displaying decorative banners on
public property for the purpose of promoting a festive atmosphere and informing residents
and visitors of local events. The City typically encourages up to two events sharing the
banner poles at any given time. In limited circumstances staff may authorize the
exclusive use of the banner poles as outlined in the application procedures. Display of
banners is limited to the following areas:
1. Ocean A venue median
2. Sunset Center property
3. Devendorf Park
4. Harrison Memorial Library (library sponsored events only)
5. Other locations as may be determined by the Community Activities and Cultural
Commission Planning Commission from time-to-time; provided, however, that all
such exceptions are referred to the City Council for its prior approval.
GUIDELINES:
Approval Authority:
The Community Planning and Building Department shall have the authority to review and
approve or deny applications for public display of banners in accordance with following
guidelines:
Guidelines for Appropriate Events:
Banners may be approved only for the following types of events:
1. City events and activities;
2. City co-sponsored events/activities;
3. Community events/activities which take place within Carmel-by-the-Sea City limits;
4. Events that, in the judgment of staff, will benefit the City.
Staff may refer a proposed event to the Community Activities and Cultural Commission if it
is unclear whether it qualifies under the four types of events outlined above.
52
Policy C95-07
Banners on Public Property
Guidelines for Banner Design:
The following guidelines shall be used for reviewing and approving or denying banner
applications:
1. Size: Banners must conform to specifications of the City's display stanchions and
hardware as set forth in the specifications identified in Exhibits A, B, and C of this
Policy. In no case shall the area of any banner exceed twenty-four square feet.
2. Material: Banners must be constructed of durable, natural-looking fabric including
those coated (not vinyl); both the fabric and the paint must be capable of
withstanding the elements and have a matte finish. A material sample shall be
submitted to the City for approval prior to installation.
3. Attachments: Banners must have fasteners (grommets) that are durable, safe and
appropriate to meet the design specifications of the stanchions. Refer to specifications
in Exhibits A, B, and C of this Policy.
4. Design: All banners shall be simple design, consistent with village character, and
compatible in color and design with surrounding architecture and landscaping.
Fluorescent or incompatible colors, streamers, balloons and other appurtenances to
attract the eye are prohibited.
5. Lighting: Illumination is prohibited.
6. Text: Only the name and dates and a simple website address (no www or http://) of
the event shall be displayed on a banner. Location information is limited to the place
(Devendorf Park, Sunset Center, etc.), not a street location. The text size for the
location and dates must also be substantially smaller than the event name and graphic
image.
7. Location: Placement of banners shall be limited to those areas set forth in the
"Policy" section of this document. Any other locations shall require Community
Activities and Cultural Commission Planning Commission recommendation to the
City Council.
8. Condition and Maintenance of Banners: All banners must be clean and in good
condition. If not, the banners cannot be displayed.
9. Calendar: Banners for no more than two events shall be displayed at any one time
on Ocean A venue and at the Sunset Center. The Department of Community Planning
and Building shall maintain the calendar of dates for banners approved for
installation. When banners for two events are displayed they shall be on alternate
stanchions such that all four faces on each stanchion (left/right sides and east/west
faces) display the same event.
53
Policy C95-07
Banners on Public Property
DURATION:
Banners may be displayed for up to seven days prior to the beginning of the event, and may
be displayed for no more than three days following the event's conclusion. Banners may be
displayed at Harrison Memorial Library for a maximum of 30 days prior to the event.
It shall be the responsibility of the Department of Community Planning and Building to
coordinate, as needed, the installation and removal of the banners with other City
Departments.
INSTALLATION, MONITORING, AND REMOVAL:
A private contractor, designated by the City, shall have sole responsibility for the installation,
removal, and return of all banners to the applicant.
The Department of Community Planning and Building shall have the responsibility for
monitoring and insuring that, while placed on public property, the condition and appearance
of all stanchions and banners are consistently maintained to meet the community's aesthetic
standards.
APPLICATION PROCEDURE:
Applications for the review of proposed banner installations are available in the Department
of Community Planning and Building at City Hall. Completed applications may be
submitted up to one year but not less than 45 days prior to the requested installation date. If
two events request the same dates, the banner poles shall be shared and the banners shall be
displayed consistent with the standards outlined in #9 - Calendar above. If more than 2
events request the same dates, staff will give preference to those events or organizations that
have had the fewest display days in the past 12 months. Staff may authorize the exclusive
use of the banner poles for events that provide significant cultural and economic benefit
to the City. Preference may also be given to events or organizations that request the
fewest number of days per year. The Community Activities and Cultural Commission
shall be advisory to staff on the use of the banner poles.
Within ;M) 60 days of the installation date the City will notify the applicant of whether the
banners have been approved and whether the banner poles will be shared with another event.
LIABILITY, PROPERTY DAMAGE:
Each applicant, its successors and assigns shall hold the City of Carmel-by-the-Sea and its
officers and employees harmless from any claims due to theft, vandalism, damage or loss of
its banners, due to any cause whatsoever, and from any and all claims, actions and demands
of third parties of any kind, character and description arising out of or due to the display of
banners approved hereunder.
54
Policy C95-07
Banners on Public Property
Contractor agrees to provide the City with a certificate of insurance from an insurance carrier
acceptable to the City certifying that the applicant has public liability and property damage
insurance with limits of not less than $1,000,000.00 combined single limit for personal injury
and/or property damage and naming the City, its officials and employees as additional
insureds. The certificate must indicate this insurance is primary over any other valid or
collectible insurance the City may have.
Exhibits attached: A, B, and C
55
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AMENDING CITY COUNCIL
POLICY C95-07 RELATED TO THE INSTALLATION OF BANNERS
ON PUBLIC PROPERTY FOR COMMUNITY EVENTS
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in
its community 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; and
WHEREAS, City Council Policy C95-07 was adopted to outline the procedure for
application and review of the installation of banners on public property; and
WHEREAS, the proposed revisions will give the staff more discretion in reviewing
banner applications and provide more equity between organizations proposing to display
banners.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA does hereby:
Resolve to amend City Council Policy C95-07 (banners) as shown in attachment "A".
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this _ day of 2013 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,


JASON BURNETT, Mayor

ATTEST:


Heidi Burch, City Clerk

CITY COUNCIL: Update on Water Supply Projects & California Public Utilities Commission (CPUC) Process

CITY CLERK’S OFFICE

CITY OF CARMEL-BY-THE-SEA

May 1, 2013

TO: The Honorable Mayor Burnett & Council Members

FROM: Heidi Burch, Assistant City Administrator

SUBJECT: Agenda Item VIII.A. – Update on water supply projects and California Public Utilities Commission (CPUC) process

This item is an oral report and there are no accompanying documents.

Thank you,

Heidi Burch

CITY COUNCIL: Approval of the Annual Hospitality Improvement District (HID) Report & Annual Council Review of the Assessment

Meeting Date: May 7, 2013

Prepared by: Heidi Burch, Asst City Administrator

City Council

Agenda Item Summary

Name: Approval of the annual Hospitality Improvement District (HID) report and annual Council review of the assessment.

Description: In accordance with Municipal Code Section 3.40.050, the City Council shall annually conduct a public hearing to review the Hospitality Improvement District assessment.

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

Staff Recommendation: Approve the HID report and review the assessment.

Important Considerations: All of the assessments imposed pursuant to the Municipal Code shall be reviewed by the Carmel City Council annually each year, based upon the annual report prepared by the Advisory Board. After approval of the annual report, the Carmel City Council shall conduct a public hearing to levy assessment for the ensuing fiscal year. If at the conclusion of the public hearing there are written protests by the owners of the lodging operations within the HID that would pay 50 percent or more of the total assessments of the entire HID, there will be no assessed levy in the ensuing fiscal year.

The purpose the HID is to provide revenue to defray the costs of services, activities and programs promoting tourism that will benefit the operators of lodging operations in the HID through the promotion oflodging operations and the City of Carmel-by-the-Sea for small conferences and groups.

The current assessment levied on all lodging operations within the HID boundaries is based upon
the formula of $1 per occupied room/unit per night.

A protest may be made orally or in writing by any interested person, but only those protests submitted by those lodging operations that would pay the assessments under the proposed HID will be counted for purposes of determining a majority protest. Protests may be submitted at the hearing, by mail, or in person to the City Clerk. If, at the conclusion of the public hearing on May 7, 2013, written protests are received from the owners of lodging operations in the proposed area which will pay 50 percent or more of the assessments of the entire HID, there will be no levy in the ensuing fiscal year.

Decision Record: The City Council established the HID in August of2012.
Reviewed by:


Jason Stilwell, City Administrator Date

Hospitality Improvement Status Report

September 7, 2012:
Inns started collecting $1.00 per occupied room night.

September 25, 2012:
Election of the HID Advisory Board.

December 18, 2012:
HID receives the first check.

December 2012:
Interviews conducted for the Destination Marketing Manager position.

January 3, 2013:
Safarina Maluki comes on board. Her new office located upstairs in the Carmel Chamber of Commerce offices.

January 2013:
DMM spent most of January visiting all 45 inns in Carmel-by-the-Sea.

February 21, 2013:
Meeting Planners International (MPI) Northern California’s Annual Conference & Expo in San Francisco with MCCVB.

March 5, 2013:
HID received 2nd check

March 21 – 23, 2013
MCCVB Client Advisory Board
All meetings were hosted at the Sunset Cultural Center and dinners at restaurants in Carmel. Provided the unique opportunity to showcase what we are doing in Carmel and get valuable feedback from national meeting professionals as we move forward.

March 25 – 27, 2013
First Carmel-by-the-Sea Familiarization trip:
Hosted a Fam trip that was attended by meeting planners from Varian Medical Systems and Hotelbeds Inc. Clients stayed at different properties and had the opportunity to site available function space at our local properties and the Sunset Cultural Center.

April 3-4, 2013:
Tradeshows/Client Events
MCCVB San Francisco Client event
Over 60 qualified meeting planners from San Francisco businesses met with representatives from local Peninsula hotels and venues. Gave us the opportunity to have one-on-one interaction with bona fide planners that bring groups to the area.

MCCVB Silicon Valley Client event
Similar to the previous day’s client event, we had the one-on-one opportunity to showcase our product to 40 qualified meeting planners from Silicon Valley businesses.

April 26, 2013:
PR Firm selected - Hunter Public Relations - local firm based in Carmel with staff support
and branch offices in New Jersey, New York, Oregon, Florida and Washington, D.C.

May 1, 2013:
DMM Administrative Assistant (part time)
Barbara Hardy hired as part-time administrative assistant to DMM. Ms. Hardy’s start date was Wednesday, May 1, 2013.

May 10, 2013:
www.meetingincarmel.com

The meeting planner website is in its final stages of development and will be launched.
Client site inspections of note

April 24, 2013:
Met with meeting planners/decision makers for upcoming IFAC NOLCOS 2016 conference.
Group is looking to place and house 250 – 300 attendees, September 2016. Will be submitting
proposal and costs for approval. Clients looking to finalize decision and contract by end of
August 2013 so that they can announce at this year’s conference in Toulouse, France in
September 2013.

Upcoming site inspection with Senior Meeting planner for Genentech (May 3rd). Client is
considering Carmel-by-the-Sea for two small programs (September and November 2013).

Upcoming:
2nd Fam Trip: May 20 – 22, 2013
Sacramento Client Event: May 7 – 8, 2013
San Diego Client Event: June 25, 2013

CITY COUNCIL: Draft Request for Proposals (RFP) for Solid Waste, Recycling & Organics Collection Services & Provide Comments on RFP to the Monterey Regional Waste Management District

Meeting Date: 7 May 2012

Prepared by: Sharon Friedrichsen

Public Services Director

City Council

Agenda Item Summary

Name: Receive the Draft Request for Proposals (RFP) for Solid Waste, Recycling and Organics Collection Services and provide comments on the RFP to the Monterey Regional Waste Management District as needed.

Description: The Monterey Regional Waste Management District is facilitating a Request for
Proposal (RFP) process to solicit proposals for solid waste, recycling and organic collection
services on behalf of its member agencies. This item will allow the Council to review the draft
and provide comments to the District regarding the RFP before its release to potential service
providers. The Council will have an opportunity to discuss service needs and costs at a later time
once responses are received from potential haulers as part of the upcoming franchise agreement.

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

Staff Recommendation: Receive the RFP.
Important Considerations: The City will be able to utilize the results of the RFP process to
negotiate with a provider for these services in 2014, before the expiration of its current franchise
agreement in 2015.

Decision Record: Council approved the City's participation in the RFP Process in October 2012.

Reviewed by:

Jason Stilwell, City Administrator  Date

  RFP for Solid Waste, Recycling and Organics Collection Services 05-07-13

CITY COUNCIL: Ordinance Amending Municipal Code Section 9.16 Allowing for the Playing of Musical Instruments & Other Live Entertainment Where Alcoholic Beverages are Sold or Served

Meeting Date: 7 May 2013

Prepared by: Marc Wiener, Senior Planner

City Council

Agenda Item Summary

Name: Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments and other live entertainment where alcoholic beverages are sold or served. (2nd Reading)

Description: The purpose of this hearing is to adopt an ordinance (2nd Reading) amending CMC
section 9 .16, which allows for the playing of live music at establishments where alcoholic
beverages are sold or served.

Staff Recommendation: Adopt the 2nd Reading of the Ordinance.

Important Considerations: In 2005 the City Council adopted CMC section 9.16,
Entertainment in Liquor Establishments on a temporary basis of three years. The
ordinance was reauthorized on 7 October 2008, but expired on 6 November 2011. The
ordinance has been prepared for adoption by the City Council and amended to eliminate
the sunset clause.

Decision Record: On 2 April2013 the City Council adopted a first reading ofthe ordinance.

Attachments:
• StaffReport
• Ordinance CMC 9.16

Reviewed by:

Jason Stilwell, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR BURNETT AND COUNCIL MEMBERS
FROM: MARC WIENER, SENIOR PLANNER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: MAY 7, 2013
SUBJECT: AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.16
ALLOWING FOR THE PLAYING OF MUSIC INSTRUMENTS AND OTHER
LIVE ENTERTAINMENT WHERE ALCOHOLIC BEVERAGES ARE SOLD
OR SERVED. (2nd Reading)
BACKGROUND/PROJECT DESCRIPTION
On 2 April 2013 the City Council adopted a first reading of an ordinance allowing live music,
which had expired on 6 November 2011. Per recommendations of the Planning Commission, the
ordinance was amended to eliminate the three year sunset clause and to eliminate the
requirement that individual permits be re-issued every three years. Staff is recommending that
the Council adopt a second and final reading of the amended ordinance.
At the last meeting the Council adopted a time extension of the live music urgency ordinance to
be in place until the permanent ordinance goes into effect. The permanent ordinance will go into
effect 30 days after its adoption. At that time the urgency ordinance will expire.
RECOMMENDATION
Adopt an ordinance (2nd Reading) amending Municipal Code Section 9.16 allowing for the
playing of musical instruments and other live entertainment where alcoholic beverages are sold
or served.
124
1
ORDINANCE NO. __
AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.16 ALLOWING FOR
THE PLAYING OF MUSIC INSTRUMENTS AND OTHER LIVE ENTERTAINMENT
WHERE ALCOHOLIC BEVERAGES ARE SOLD OR SERVED
_______________________________________________________________________________
Recitals/Findings
WHEREAS, the City of Carmel-by-the-Sea is a unique coastal community that prides
itself in its community 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 property owners in
the protection of the residential character; and
WHEREAS, on 6 September 2005 the City Council adopted Ordinance 9.16
Entertainment in Liquor Establishments that expires every three years and allows live music at
appropriate locations in the commercial district; and
WHEREAS, on 7 October 2008 the City Council reauthorized Ordinance 9.16 for an
additional three years to 6 November 2011 and the Ordinance has expired; and
WHEREAS, the City Council wishes to amend Ordinance 9.16 to eliminate the
expiration of its provisions; and
WHEREAS, on 2 April 2013 the City Council adopted a first reading of an Ordinance
amending Municipal Code Section 9.16 Entertainment in Liquor Establishments
WHEREAS, the proposed ordinance is categorically exempt from CEQA under 15305
Minor Alterations in Land Use Limitations and because application of the noise standards of
17.14.5.G as well as the required special and standard Use Permit finding would not result in a
significant impact to the environment.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA
DO ORDAIN AS FOLLOWS:
Adopt an ordinance amending Municipal Code Section 9.16 allowing for the playing of
musical instruments and other live entertainment where alcoholic beverages are sold or served
(See Exhibit “A”).
125
2
Section 1. The People of Carmel-by-the-Sea find that all Recitals/Findings are true and
correct and are incorporated herein by reference.
Section 2. Severability
A. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the Ordinance, including the application of
such part or provision to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of this Ordinance are
severable.
B. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be held unconstitutional, invalid or unenforceable.
Section3. The City Clerk is directed to publish this Ordinance in the manner and in the time
required by law.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
this ____ day of May, 2013, by the following roll call vote:
AYES:
NOES:
ABSENT:
APPROVED:
______________________________
JASON BURNETT, Mayor
ATTEST:
_______________________________
HEIDI BURCH, City Clerk
126
3
Exhibit “A”
Chapter 9.16 ENTERTAINMENT IN LIQUOR ESTABLISHMENTS
Sections:
9.16.010 Definitions.
9.16.020 Dances and Other Public Entertainment.
9.16.030 Playing Musical Instruments.
9.16.035 Monitoring and Enforcement.
9.16.040 Recorded Music.
9.16.050 Exemption.
9.16.010 Definitions.
For the purposes of this chapter the term musical instrument means and includes any and all
instruments commonly used in orchestras, but shall not include radio or television sets.
(2008-07, 2008; Ord. 2005-04 § 1, 2005; Ord. 79-21 § 24, 1979; Ord. 23 N.S. § 1, 1942; Ord.
216 § 3, 1939; Code 1975 § 1002).
9.16.020 Dances and Other Public Entertainment.
Except as provided in CMC 9.16.030 and 9.16.050, it is unlawful for any person to conduct
or maintain or permit to be conducted or maintained public dances or any form of
entertainment in or on any premises where alcoholic beverages are sold and served to the
public within a period of time starting four hours before the commencement of such dance or
entertainment, and ending at 2:00 a.m. of the next calendar day following the commencement
of such dance or entertainment. (2008-07, 2008; Ord. 2005-04 § 1, 2005; Ord. 2003-06 § 1,
2003; Ord. 74 C.S. § 1, 1963; Code 1975 § 1000).
9.16.030 Playing Musical Instruments.
A. General Exemption for Private and/or Temporary Uses. The Director of Community
Planning and Building may authorize the playing of musical instruments with or without
vocal accompaniment in conjunction with the sale or serving of alcohol during private
(nonpublic) events and during temporary uses/special events open to the public, located on
private property. All such events shall comply with CMC 17.14.050(G)(1), noise restrictions.
The Director shall authorize no more than four public events per calendar year, per property.
Proposals exceeding this amount shall require a use permit consistent with all requirements
established in subsection (B) of this section.
B. Special Exemption for Establishments Serving Alcoholic Beverages. Except as provided
in CMC 9.16.050, it is unlawful for any person, firm or corporation engaged in the business
of selling and/or serving alcoholic beverages to the public within the City to play, cause or
permit to be played any musical instrument or instruments with or without vocal
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accompaniment in or on the premises where such alcoholic beverages are sold and/or served
to the public, without first obtaining a use permit issued by the Planning Commission. In
approving such permits the Commission shall consider all of the following:
1. Use permits authorizing live music within any business establishment selling or
serving alcoholic beverages shall be approved only for properties located in the
Central Commercial (CC) and Service Commercial (SC) districts. Within the
Residential and Limited Commercial (RC) and Multifamily Residential (R-4)
districts such permits shall be approved only for existing restaurants and bars located
within hotel/motel establishments.
2. A noise management plan, submitted by the applicant, shall (a) identify all noisesensitive
uses located within 200 feet of the proposed location (e.g., residences,
residential care facilities, libraries, medical facilities), (b) establish the method by
which noise impacts, including, but not limited to, music and patron noise from
within the facility as well as patrons/pedestrians outside of the facility on the
adjacent public sidewalk/street, will be regulated to avoid disruption to the
immediate neighborhood and (c) identify the method for compliance with CMC
17.14.050 (G)(1), noise restrictions.
3. An acoustical evaluation shall be prepared to qualify the noise levels and to
suggest appropriate attenuation measures specific to the site.
4. Music performances shall be limited to hours between noon and 10:00 p.m. daily.
The Planning Commission may establish fewer hours to address specific
circumstances unique to each site and permit.
5. A summary sheet of basic use permit requirements (allowed days, allowed hours,
special mitigations) shall be posted on the premises or shall be available immediately
upon request by any enforcement officer of the City. Permittees shall be monitored
for use permit compliance by the City. Permittees shall be informed of violations and
immediate compliance shall be sought and attained. Failure to comply and/or
repeated violations shall be cause for the City to schedule a revocation hearing with
the Planning Commission. At such hearings the Commission may:
a. Require changes in the noise mitigation plan;
b. Establish new permit conditions on hours, days, or operational
characteristics; or
c. Revoke the permit.
Any three violations within any 12-month period shall require revocation of the use
permit by the Planning Commission.
6. Live music permits shall not include karaoke activities. (2008-07, 2008; Ord.
2005-04 § 2, 2005; Ord. 2003-06 § 1, 2003; Ord. 216 § 2, 1939; Code 1975 § 1001).
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9.16.035 Monitoring and Enforcement.
A. Noise Limits Related to Live Music. On properties authorized to hold live music events
per this chapter, the maximum noise levels allowed from live music activities located on the
property shall be as follows:
1. For venues in the RC district or located within 300 feet of any R-1 district
property: 50 db-A as measured at the exterior of the building or yard in which the
live music is performed and no more than 45 db-A as measured at the property line
of any other site in the vicinity of the use.
2. For venues on any other CC or SC district property: 55 db-A as measured at the
property line.
B. Sound measurements shall be made using a sound level meter calibrated for the Aweighted
scale. Periods with intermittent, exterior, peak noises from the surrounding
environment above the allowed decibel limits (e.g., passing automobiles, pedestrians in
conversation) that occur while music is being played shall not be used for compliance
measurements.
C. For live music venues where there is a contiguous noise-sensitive use, the maximum noise
level allowed from live music activities located on the property shall not exceed 40 db-A as
measured inside the building occupied by the noise-sensitive use. (Ord. 2008-07, 2008; Ord.
2005-04 ' 2, 2005).
9.16.040 Recorded Music.
It is unlawful for any person, firm, business, or corporation located in any CC, SC, RC or R-4
land use district to play or permit to be played recorded or reproduced music on private
property at a volume that produces a sound level exceeding 55 db-A as measured at the
property line or produces more than 40 db-A inside any building occupied by a noisesensitive
use as defined in CMC 9.16.030"9.16.030(B)(2). (2008-07, 2008; Ord. 2005-04 § 2,
2005; Ord. 2003-06 § 1, 2003; Ord. 274 C.S. § 1, 1972; Code 1975 § 1003).
9.16.050 Exemption.
The Sunset Community and Cultural Center Theater and the attached buildings and grounds are
exempt from the provisions of CMC 9.16.020 and 9.16.030; provided, however, that any such public
consumption of alcoholic beverages at Sunset Community and Cultural Center allowed by this
exemption shall be permitted only if it is by persons attending events booked at Sunset Center and is
provided by Sunset Center-approved concessionaires. (2008-07, 2008; Ord. 2005-04 § 2, 2005; Ord.
2003-06 § 1, 2003).

CITY COUNCIL: Ordinance Amending & Making Permanent Sections 6.08 & 6.08.180 Municipal Code to Allow for the Keeping of Chicken Hens on Properties in the R-1 District

Meeting Date: 7 May 2013

Prepared by: Marc Wiener, Senior Planner

City Council

Agenda Item Summary

Name: Consideration of an Ordinance amending and making permanent sections 6.08 and 6.08.180 of the Carmel-by-the-sea Municipal Code to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (2nd Reading)

Description: The proposed ordinance amendment would allow the keeping of up to two chicken
hens per property in the R-1 District under certain conditions. The original ordinance
was approved on 5 April2011 and will expire on 30 June 2013 if not readopted.
Overall Cost:
City Funds: N/ A
Grant Funds: N/A
Staff Recommendation: Adopt an ordinance (2nd Reading) amending Municipal Code Section
6.08 and 6.08.120 allowing for the keeping of chicken hens on properties in the R-1
District.
Important Considerations: On 5 October 2010 the City Council heard a request to allow the
keeping of chickens and directed staff to prepare a draft ordinance for review. Only one
permit has been issued since the ordinance was originally adopted.
Decision Record: On 2 April2013 the City Council adopted a first reading of the ordinance
with a recommendation to limit the number of permits to five.
Attachments:
• Staff Report
• Ordinance Amendment (CMC 6.08)
Reviewed by:
Date
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR BURNETT AND COUNCIL MEMBERS
FROM: MARC WIENER, SENIOR PLANNER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 7 MAY 2013
SUBJECT: AN ORDINANCE (2ND READING) AMENDING AND MAKING
PERMANENT SECTIONS 6.08 AND 6.08.180 OF THE CARMEL-BY-THESEA
MUNICIPAL CODE TO ALLOW FOR THE KEEPING OF CHICKEN
HENS ON PROPERTIES IN THE R-1 DISTRICT IN THE CITY OF CARMELBY-
THE-SEA.
BACKGROUND & DESCRIPTION
On 2 April 2013 the City Council adopted a first reading of an ordinance amending Municipal
Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District. The
amendments were originally adopted on 5 April 2011, but were due to expire on 30 June 2013.
Some of the particulars of Ordinance are that it allows for a maximum of two chickens per
property, roosters are not permitted, and the enclosures are limited to 20 square feet in size and
cannot be visually prominent from the street.
At the last hearing the Council voted to eliminate the sunset clause, but limited the total number
of permits to five. Staff notes that the City has only issued one permit since the ordinance was
originally adopted in 2011.
RECOMMENDATION
Adopt an ordinance (2nd Reading) amending Municipal Code Section 6.08 and 6.08.120
allowing for the keeping of chicken hens on properties in the R-1 District.
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2013-
ORDINANCE (2nd Reading) AMENDING AND MAKING PERMANENT SECTIONS
6.08.120 AND 6.08.180 OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in
its community 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; and
WHEREAS, on 5 April 2011 Sections 6.08 and 6.08.120 of the Carmel-by-the-Sea
Municipal Code were amended to include chicken hens and to provide guidelines for the keeping
of chicken hens in the R-1 District which amendments are due to expire on 30 June 2013; and
WHEREAS, the purpose of this Ordinance is to amend Sections 6.08.120 and 6.08.180
for the purpose of removing the expiration date of 30 June 2013 and making the amendments to
those sections as adopted on 5 April 2011 permanent in the Carmel-by-the-Sea Municipal Code;
and
WHEREAS, on 2 April 2013 the City Council adopted a first reading of an Ordinance
amending Code Sections 6.08.120 and 6.08.180; and
WHEREAS, the proposed ordinance is categorically exempt from CEQA under 15305
Minor Alterations in Land Use Limitations and because application of the noise standards of
17.14.5.G as well as the required special and standard Use Permit finding would not result in a
significant impact to the environment.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA
DO ORDAIN AS FOLLOWS:
Adopt an ordinance amending Municipal Code Section 6.08 and 6.08.120 allowing for
the keeping of chicken hens on properties in the R-1 District (See Exhibit “A”).
Section 1. The People of Carmel-by-the-Sea find that all Recitals/Findings are true and correct
and are incorporated herein by reference.
Section 2. Severability
A. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the Ordinance, including the application of such
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part or provision to other persons or circumstances, shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this Ordinance are severable.
B. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
held unconstitutional, invalid or unenforceable.
Section 3. Publication The City Clerk is directed to publish this Ordinance in the manner and in
the time required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this ___ day of ________ 2013 by the following roll call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
APPROVED,
________________________
JASON BURNETT, Mayor
ATTEST:
_______________________________________________
HEIDI BURCH, City Clerk
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Exhibit “A”
(Changes shown in bold and underline)
A. AMENDMENT OF SECTION 6.08.120
Section 6.08.120 entitled KEEPING OF SWINE AND BARNYARD FOWL shall
become a permanent part of the Carmel-by-the-Sea Municipal Code which reads as follows:
It is unlawful, and is declared a nuisance, for any person or persons to keep or cause to be
kept any swine or barnyard fowl, with the exception of chicken hens, within the corporate
limits of the City.
B. AMENDMENT OF SECTION 6.08.180
Section 6.08.180 entitled KEEPING OF HENS shall be amended and become a
permanent part of the Carmel-by-the-Sea Municipal Code which reads as follows:
A maximum of two (2) chicken hens may be permitted per building site in the R-1
District only. All requests to keep chicken hens shall comply with the following
requirements:
a) No roosters are permitted;
b) All chicken hens must be kept and secured within an enclosure of metal chicken
wire, or other suitable material as to prevent the escape of any hens. The
enclosure shall be maintained in good repair and no chicken hen shall be allowed
to run at large on public or private property. Chicken hens may be permitted
outside of an enclosure on the applicant=s property only when attended;
c) No enclosure shall exceed 20 square feet in size and five (5) feet in height above
grade;
d) The enclosure shall comply with all applicable R-1 standards as defined in CMC
Section 17.10 and no commercial uses are permitted. Chicken enclosures shall
not be visually prominent from the street;
e) A Track 1 Design Study application shall be submitted to the Department of
Community Planning and Building for approval of the location and design of the
enclosure prior to installation. Upon receipt of an application, the City shall cause
that a notice be provided by mail and by hand delivery to all properties within 100
feet of the site indicating that an application has been filed. A public hearing with
the Planning Commission shall be required if a concern is filed in writing within
10 business days of the date the notice is delivered;
f) Animal excretion shall not be permitted to accumulate so as to become offensive
to any neighboring property;
g) Slaughtering of chicken hens shall not be permitted within the City limits;
h) The keeping of chicken hens shall not result in a public or private nuisance; and
i) Failure to comply with any of these requirements may result in the revocation of
the permit.
j) No more than five permits shall be issued by the City.

CITY COUNCIL: Long-Range Agenda Forecast

Long-Range Agenda Forecast-- City Council

Sorted by STATUS
U;: Upcoming

N=NearFuture
L=longTerm
O=Ongoing Staff Item
u PW Audit
u Banner Policy
u BAR
u CACC Appointment
u JS Code compliance
u HB Economic Development and Marketing Report
u HB Fee Waiver- Art Festival
u HB Fee Waiver- Dog
u Flanders EIR findings
u SF Flanders Lease
u MW "Homescapes" conference
u MW Live Music ordinance - urgency & 2nd
u SF MRWMD franchise MOA
u HB National Parking agreement renewal
u JS Per formance Measures
u SF/HB Policy revisions - donations, purchasing, grants, surplusing, etc.
u DF PRA Policy
u JB Recycling grant
u MC Social host ordinance
u SF Stormwater Ordinance
u MW Tobacco Retailer License
u SF Underground Reso
N MC AMR Auto-aid
N Budget
N MC Emergency Plan- Biannual update
N SF Facilities Use Plan
N JS Financial Forecast
N MC Fire true-up
N SF Forest Management plan
N JS/HB? HID Annual Review
N SP IT Strategic Plan
N SP Labor Agreements
N MW Larson Trail
N HB Marketing Plan
N MC Parking Management
N SP Retirement Actuary
N MZ Rio Park
N SP Salary resolution
N SF Shoreline Management Plan
N HB Staff Report Revisions
N JS Support Group Policy revisions
N Sunset Cont ract
N MB Trash can design and locat ion
N JE Treasurer & Financial Reporting
N JE Water Conservation
L JS Budget Po licies
L JS Capital Improvement Plan
L MW Chicken Hen Ordinance Cont inuation
L MW Design Guidelines Awning? From 3/6/12
L JS Goals
L MW Plastic Bags
L MC POST
0 JS Community Recognition
0 JS Employee Recognition
0 JS Extraordinary Business/ Announcements
0 JS QTR Financial Reports
0 SF QTRL Y Waste Management scorecard/survey
SP Ambulance Salary
Ambulance Contract
Del Mar Dunes report
OPES?
Public Smoking Ban
Speed Survey
Traffic Safety Committee