CITY COUNCIL: Resolution Authorizing City Administrator to Send Letter of Commitment for City's Participation in Monterey County Multi-Jurisdictional Local Hazard Mitigation Plan Update

Meeting Date: January 10, 2012
Prepared by: Michael Calhoun,Interim Police Chief

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City Administrator to send a letter of commitment for the City's participation in the Monterey County Multi-jurisdictional Local Hazard Mitigation Plan Update.

Description: Public Law 106-390, known as the Disaster Mitigation Act of 2000, amended the Robert T. Stafford Disaster Relief and Emergency Service Act. It requires each local government to have a Local Hazard Mitigation Plan (LHMP).

The Federal Emergency Management Agency (FEMA) approved the current Multijurisdiction Local Hazard Mitigation Plan in October 2007. The plan must be updated every five years to be eligible for certain federal, pre-and post-disaster mitigation grants.

The Monterey County Office of Emergency Services has filed a Notice of Interest to be considered for a Mitigation Grant to fund the Multi-jurisdictional Hazard Mitigation Plan update. Monterey County OES Planning staff will serve as the consultant if the grant is not awarded to ensure the project is completed on time.

Each participating city ("Local Jurisdiction") must send a letter of commitment to the County by January 31, 2012, expressing its intent to participate in the update and process. Exhibit "A" is a draft Letter of Commitment.

Fiscal Impact: There is no fiscal impact to submitting the Letter of Commitment. Notification on receipt of the grant is expected in late FY 2011-2012 or early FY 2012-2013. Should the grant not be awarded, staff will return to the City Council to approve obtaining the required appropriations for the City's cost share, if necessary.

Staff Recommendation: Adopt the Resolution authorizing the City Administrator to send the Letter of Commitment on behalf of the City, subject to final review and approval by the City Attorney.

Decision Record: City Council approved Resolution 2007-62 (October 2, 2007) adopting the Monterey County Multi-jurisdictional Hazard Mitigation Plan. City Council adopted Hazard Mitigation as an element of the General Plan on October 1, 2009.

Reviewed by:

Jason Stilwell, City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2012 -
A RESOLUTION OF THE CITY OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO SEND A LETTER OF COMMITMENT FOR THE CITY’S PATICIPATION IN THE MONTEREY COUNTY MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN UPDATE

WHEREAS, Public Law 106-390, known as the Disaster Mitigation Act of 2000,
requires each local government to have a Local Hazard Mitigation Plan (LHMP); and

WHEREAS, the Federal Emergency Management Agency (FEMA) approved the
current Multi-jurisdictional Local Hazard Mitigation Plan in October 2007, which must be updated every five years in order to be eligible for certain federal, pre-and post-disaster mitigation grants; and

WHEREAS, the Monterey County Office of Emergency Services has filed a Notice of Interest to be considered for a Mitigation Grant to fund the Multi-jurisdictional Hazard Mitigation Plan update; and

WHEREAS, each participating city must send a letter of commitment to the County by January 31, 2012, expressing its intent to participate in the update and process.

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

1. Authorize the City Administrator to send a letter of commitment for the City’s participation in the Monterey County Multi-jurisdictional Local Hazard Mitigation Plan Update.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 10th day of January 2012 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"

January 11, 2012

City of Carmel-by-the-Sea
POST OFFICE BOX CC
CARMEL-BY-THE-SEA, CA 93921
(831) 620-2000

Lew C. Bauman, Monterey County Administrative Officer
Monterey County Office of Emergency Services
14322 Natividad Road
Salinas, CA 93906

Re: Letter of Commitment for the City of Carmel-by-the-Sea to participate in the Monterey County Multi-jurisdictional Hazard Mitigation Plan Update
Dear Lead Jurisdiction Agent:

The Federal Emergency Management Agency's (FEMA) Local Mitigation Plan requirements under 44 CFR §201.6 specifically identify criteria that allow for multi-jurisdictional mitigation
plans, and state that many issues are better resolved by evaluating hazards more comprehensively by coordinating at the county, regional, or watershed level. As such, the City of Carmel-by-the-Sea submits this letter of commitment to confirm that the City has agreed to participate in the Monterey County Multi-jurisdictional Hazard Mitigation Plan Update.
Further, as a condition to participate in the mitigation plan update, the City of Carmel-by-the-Sea agrees to meet the requirements for mitigation plans identified in 44 CFR §20 1.6 and to1provide such cooperation as is necessary and in a timely manner to the County of Monterey to c'omplete
the plan in conformance with FEMA requirements.

The City of Carmel-by-the-Sea understands that it must engage in the following planning process, as more fully described in FEMA's Local Multi-Hazard Mitigation Planning Guidance, dated July 1, 2008, including, but not limited to:

)- Identification of hazards unique to the jurisdiction and not addressed in the master planning document;
)- The conduct of a vulnerability analysis and an identification of risks, where they differ from the general planning area;
)- The formulation of mitigation goals responsive to public input and development of mitigation actions complementary to those goals. A range of actions must be identified that is specific to each jurisdiction;
)- Demonstration that there has been proactively offered an opportunity to participate in the planning process by all community stakeholders ( exl;Uilples of participation include relevant involvement in any planning process, attending meetings, contributing research, data, or other information, commenting on drafts of the plan, etc);
)- Documentation of an effective process to maintain and implement the plan; and,
)- Formal adoption of the Multi-jurisdictional Hazard Mitigation Plan by the jurisdiction's governing body (each jurisdiction must officially adopt the plan).

Therefore, with the full understanding of the obligations incurred by participating in the FEMA hazard mitigation planning process as a participant in a multi-jurisdictional plan, I, Jason Stilwell, City Administrator, commit the City of Carmel-by-the-Sea to the Monterey County
Multi-jurisdictional Hazard Mitigation Plan Update effort.

Executed on this _________________ day of ________________________, 2012.

Jason Stilwell
City Administrator
City of Carmel-by-the-Sea

CITY COUNCIL: Resolution Authorizing $278,708 in Fiscal Year-End Department Budget Transfers & $8,127.63 Transfer in Unspent Grant Revenues for FY 2010-11 to Comply with State Financial Restrictions

Meeting Date: October 4, 2011
Prepared by: Laura Dadiw

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing $278,708 in fiscal year-end departmental budget transfers and a $8,127.63 transfer in unspent grant revenues for fiscal year 2010/11 to comply with state financial restrictions.

Description: City policies require that City Council approve year-end budget transfers between departments. Council also must approve transferring grant revenues received, but unspent by the end of fiscal year 2010/11, to the appropriate grant fund accounts. This Resolution authorizes the FY 2010/11 year-end departmental budget transfers and authorizes transferring unspent Public Safety Augmentation funds received in FY 2010/11 from the General Fund to the appropriate grant fund account until expenditures are made in future fiscal years.

Year-end Departmental Budget Transfers
At the end of each fiscal year, a report highlighting department budget to actual expenditure is reviewed. If necessary, transfers of budget monies within a department are made from one line item to another. For fiscal year 2010/11, department line item budget overages were covered by unspent monies from other line items within the same department, except for the departments listed in the top portion of attached Exhibit “A”.

Transfers from other departments may be made to cover the expenditure budget overages. These transfers do not increase the total General Fund expenditures budget. Rather, they shift monies from one line item to another.

Public Safety Augmentation Funds - $8,127.63
Proposition 172 mandates that Public Safety Augmentation Funds must be spent for public safety. The City has two Grants Reserve Fund accounts for Public Safety Augmentation monies: Account 33-24021-0528 for Police Services, with a current balance of $18,478.90; and Account 32-24021-0476 for Fire Services, with a current balance of $14,296.64.

In FY 2010/11, the City received $8,127.63 in new Public Safety Augmentation Funds. Staff recommends that 50% of the monies be transferred to Police Services Account 33-24021-0528 and the other 50% to Fire Services Account 32-24021-0476 for future public safety expenditures.

Staff Recommendation: Adopt the Resolution to authorize the FY 2010/11 year-end departmental budget transfers and the year-end transfers of unspent grant revenues from the General Fund to the appropriate reserve accounts. By adopting the Resolution, the City complies with both City policies regarding budget transfers and with State restrictions on the use of Public Safety Augmentation Funds.

Important Considerations: None

Decision Record: Resolution 2010-79 (December 7, 2010), which approved similar year-end transfers.

Reviewed by:

_______________________________ _________________
John Goss, Interim City Administrator Date

CITY OF CARMEL-BY-THE-SEA
FY 2010-11 FINANCIAL REPORT
TWELVE MONTHS ENDED JUNE 30, 2011-----------------------------------

This report summarizes the fiscal year activities of the City’s General Fund for the twelve months ended June 30, 2011 and is not meant to be inclusive of all finance and accounting transactions. It is intended to
provide the City Council and the public with an overview of the state of the City’s general fiscal condition. The financial figures included in this report are not audited and are subject to change.

Revenue Trends
The City’s General Fund revenues for the twelve months ended June 30, 2011 totaled $13,652,036 as compared to the annual budget of $14,018,287. Revenues fell short of budget by $366,251. The last two columns in the chart below give a percentage difference in actual amounts received 2010/11 compared to the budget and percentage increase or decrease compared to 2009/10 actual amounts, respectively.
Fiscal Year 2010/11 Budget
Fiscal Year 2010/11 Actual
Favorable/(Unfavorable)
2010/11 Actual % Diff vs Budget
2010/11 Actual % Diff vs 2009/10

Revenues
Transient Occupancy Tax $ 4,084,000 $ 4,002,509 $ (81,491) -2.0% 4.5%
Property Tax 4,147,055 4,157,789 10,734 0.3% -0.8%
Sales Tax 1,750,000 1,805,510 55,510 3.2% 11.5%
Business License Tax 490,000 526,251 36,251 7.4% -4.4%
Interest & Parking Lot Revenues 353,300 234,943 (118,357) -33.5% -6.1%
Fees and Permits 380,500 390,737 10,237 2.7% -12.9%
Franchise Fees 495,579 476,596 (18,983) -3.8% 5.2%
Grant Revenues 600,760 518,825 (81,935) -13.6% 114.3%
Other Government Agencies 432,540 450,777 18,237 4.2% 16.6%
Other Revenues 173,552 140,057 (33,495) -19.3% 2.5%
Transfer from Road Impact Fees 150,000 15,775 (134,225) -89.5% -74.9%
Transfer from Traffic Safety 250,000 121,139 (128,861) -51.5% -38.5%
Transfer from Gas Tax Fund 74,097 96,105 22,008 29.7%
Transfer from Capital Projects Reserve 263,054 263,054 - - 152.45%
Transfer from Prop 172 & Deposit Accounts 29,700 29,700 - - -32.04%
Transfer from Workers' Comp Reserve 80,000 60,000 (20,000) -25.0% -25.0%
Transfer from Benefit Liability Reserve 56,650 40,000 (16,650) -29.4% -27.3%
Transfer from General Operating Reserve Fund 300,000 300,000 - - 271.9%
Transfers from Debt Service (Bond Refinance
2010/11) 7,500 22,269 14,769 -
Transfers to Hostelry Reserve Fund (100,000) - 100,000 -
Total Revenues --------> $ 14,018,287 $13,652,036 $ (366,251) -2.61% 7.24%

Transient Occupancy Tax (TOT)
Transient Occupancy Tax budgeted revenues were increased at mid-year from $4,004,000 to $4,084,000. The total revenue of $4,002,409 fell near the originally budgeted amount and was $81,491 lower than the revised budgeted amount. The first three quarters of the year had TOT revenues coming
in very strong against budget – a trend that fell off during the fourth quarter – however revenues for the fourth quarter were equal to fourth quarter last year during which the U.S. Open was held.

The balance in the Hostelry Reserve Fund at 6/30/11 is $290,140. A transfer of $100,000 from the General Fund into the Hostelry Reserve Fund to bring the balance to 10% of annual TOT revenues was budgeted however it is recommended that the transfer not be made in light of the shortfall in overall revenues during the year.

Property Tax
Property tax revenues totaled $4,157,789 for the fiscal year, which is approximately 0.8% lower than the previous year. Property transfer tax was the only category higher than budgeted by $34,100. The total of Secured, Unsecured and Unitary tax revenue was lower than expected by $23,366. Overall, property tax revenues were $10,734 higher than budgeted.

Sales Tax
Sales tax revenues totaled $1,805,510 which is $55,510 more than budgeted. The total for the year was higher than the previous year sales tax revenues by $185,542 or 11.45%.

Business License Tax
Business license tax revenues totaling $526,251 was $36,251 more than the mid-year adjusted budget of $490,000 (down from $618,000) and $15,367 or 4.43% less than the previous year’s revenues.

Interest Income & Parking Lot Revenues
In this category, the negative budget variance of $118,356 was primarily from continued low interest income on investments. Only $16,421.44 of the $175,000 interest income budgeted was received.

Parking lot revenues totaled $172,214 amounting to $7,786 under budget for that line item. Cell tower rent revenue remained even with budget at $33,360.

Fees and Permits
Revenues from fees and permits totaled $390,737, exceeding budget by $10,237.

Road Impact Fees
Road impact fees at 0.75% for 2010/11 are to be used explicitly for hard expenses of road projects and are not to be used generally. $15,775 was transferred into the General Fund during the year to cover expenses incurred for road upkeep. $150,000 was budgeted however no specific projects were assigned to the fee revenue during the 2010/11 budget process. The balance of the Road Impact Fee Fund at fiscal year end is $148,438 and has been budgeted for specific road maintenance in 2011/12.

Franchise Fees
Garbage, cable, water, and gas and electric franchise fee revenues of $476,596 were down approximately 3.83% from last year’s revenues, which in turn were down 3% from 2008/09. Total franchise fees ended the year with a negative budget variance of $18,983.

Traffic Safety
Traffic safety revenues were hit hard in the slow economy, down $128,861 as compared to budget and $96,105 less than the previous year.

Grants Revenues
$400,000 in Proposition 1B funds had been received by the City in April of 2008 and was placed into the Gas Tax Fund. $158,858 was used by June 30, 2009 for: Scenic Avenue Slurry Seal; Ocean Avenue north/south crosswalks; and repaving of the Sunset Center parking lot. A 2010/11 transfer of $96,105 was made from the Gas Tax Fund to the General Fund to cover expenditures for Dolores Street repaving and initial planning and notice of the Del Mar parking lot repaving. At year ending June 30, 2011 $128,616 in Prop 1B funds remain within the Gas Tax Fund balance of $169,038.

TAMC funding of $312,587 was received as full reimbursement for the Junipero Avenue repaving project.

COPS funding of $100,000 was received in four quarterly payments of $25,000; the interest on the revenues has not yet been received and should be approximately $5,000.

A $29,000 grant reimbursement for the Police Department 9-11 system upgrade was expected in the 2010/11 year of the expenditure. However in clearing up a miscommunication with the State funding department it was discovered that $15,000 was the extent of the reimbursement to be disbursed late in 2011. Therefore the grant revenue will not be booked until the 2011/12 fiscal year.

Other Governmental Agencies
Revenues from Other Governmental Agencies include State Motor Vehicle In-Lieu fees, Monterey County HOPTR, and State POST reimbursements for Public Safety training. Total revenues received were $18,237 more than budgeted.
Other

CSA 74 Funds in the amount of $10,355 were received from the County for back payment of the $12 parcel tax it had been accumulating in a fund to be dispersed to jurisdictions to be used for training and equipment for first responders. The CSA 74 fund allotment is now scheduled to be received from the County each year with $55,404 already received for 2011/12.

A Monterey County Workforce Housing, Inc. refund of a contribution of $50,000 was received by the City during the year. The Council had contributed $50,000 to the Workforce Housing program under Resolution 2007-40.

June 30, 2011 balances in the Reserve Funds are:
Capital Improvements and Outlays $2,234,947 In Deposits Fund: $512,503
General Operations Reserve Fund 1,916,165 In Public Safety Augmentation Fund: Fire - $14,296.64 Police - $18,478.90
Other Post-employment Benefits 1,079,340
Workers’ Compensation 728,501
Deb Reduction Reserve 713,676
Debt Service 400,007
Parking In-Lieu 695,997
Benefit Liability 414,293
Natural Disaster 250,000
Hostelry 290,140
Forest Theater Improvements 69,793
$8,792,859 (vs. $8,921,572 budget estimate if the $100,000 Hostelry transfer had been made)

Operating Expenditures
The City’s operating expenditures for the twelve months ended June 30, 2011 totaled $12,507,855 as compared to the annual budget of $12,656,358. The favorable budget variance of $148,503 was primarily from savings in Professional Services, Debt Service, and Workers’ Compensation Insurance.

The category with the highest negative variance was the Regional Ambulance Subsidy due to the subsidy request from CRFA for the year not accounting for new hires and CRFA salary increases.

Fiscal Year 2010/11 Budget
Fiscal Year 2010/11 Actual
Favorable/ (Unfavorable)
2010/11 Actual % Diff vs Budget
2010/11 Actual % Diff vs 2009/10
Expenditures
Salaries and Wages $ 6,916,689 $ 6,904,661 $ 12,028 -0.2% 0.3%
Professional Fees, Outside Labor,
Contract Svcs 1,531,901 1,360,631 171,270 -11.2% -4.4%
Sunset Center Operations 650,000 650,000 - 0.00% -4.4%
Employee Insurance Program 721,564 714,016 7,548 -1.1% 3.3%
Debt Service 563,830 509,341 54,489 -9.7% -10.4%
Materials and Supplies 927,604 996,320 (68,716) 7.4% 39.4%
Regional Ambulance Subsidy 200,000 300,000 (100,000) 50.0% -34.0%
Workers' Compensation Insurance 283,166 232,544 50,622 -17.9% -18.8%
Property/Liability Insurance 238,200 255,442 (17,242) 7.2% 15.4%
Destination Marketing 180,403 180,313 90 -0.1% 7.1%
Utilities 208,066 187,776 20,290 -9.8% 8.4%
Dues/Memberships 55,117 52,224 2,893 -5.3% -3.9%
COPS Grant Expenditures 105,000 104,912 88 -0.1% -0.5%
Community Donations 25,000 19,774 5,226 -20.9% -5.9%
Other 49,818 39,901 9,917 -19.9% -69.3%
Total Expenditures -----> $ 12,656,358 $ 12,507,855 $ 148,503 -1.2% -0.6%

Capital Projects and Equipment Acquisition
The FY 2010/11 annual Capital Budget totaled $1,101,679, net of the mid-year budget adjustments. In total, $1,078,895 was spent, resulting in a positive budget variance of $22,784. The repaving of the Del Mar parking lot and the underground tank and booster pump, as well as a portion of the PD/Youth Center generator installation project, have been carried forward in the FY 2011/12 Capital Budget. The Junipero Street and Dolores Street repaving projects were completed. Street and Roads Projects miscellaneous expenditures will be covered by a transfer from the Road Impact Fee fund. Seawall repairs and the San Antonio pathway project were also completed during the year. The Dry Weather Diversion Project is a $2.5 million State grant project with a 5% City match. The project is underway
and due to be completed by 2013. The State of California Cal-EMA collected on de-funded 1998 storm repair funding, requiring approximately $16,000 to be paid back by the City in monthly installments the last quarter of 2010/11 and the first quarter of 2011/12.

Fiscal Year 2010/11 Budget
Fiscal Year 2010/11 Actual
Favorable/ (Unfavorable)
% Diff from Budgeted
Capital Projects & Equipment Acquisition
Capital Lease Obligations $ 149,156 $ 132,368 $ 16,788 -11.3%
PD Telephone System 9-1-1 Upgrade 29,000 29,000 -
Park Branch Mist Fire Protection System - 6,642 (6,642)
PD/Youth Center Generator 190,000 198,890 (8,890) 4.7%
2010/11 Street/Roads Projects - 1,076 (1,076)
1998 FEMA Storm Repair Funding Payback - 8,402 (8,402)
Repave Del Mar Parking Lot - 23,815 (23,815)
Beach Sand Replenishment 26,000 24,675 1,325 -5.1%
Del Mar Underground Water Tank / Booster Pump - 15,797 (15,797)
Carmel Beach Seawall Repairs 50,000 45,355 4,645 -9.3%
San Antonio Pedestrian Pathway 179,071 179,071 -
Dry Weather Diversion Project 30,000 19,310 10,690 -35.6%
Repave Junipero Avenue btw Ocean/8th 363,662 312,588 51,074 -14.0%
Repave Dolores btw 4th & 5th 74,097 71,213 2,884 -3.9%
Monterey County NGEN Radio System 10,693 10,693 -
Total --------> $ 1,101,679 $1,078,895 $ 22,784 -2.1%

Summary of Financial Results-Fiscal Year Ended June 30, 2011
The General Fund financial results for Fiscal Year 2010/11 show a deficit of $194,964 as compared to an expected budget surplus of $260,250. Actual net revenues to expenditures were a positive $65,286.

Revenues suffered as the result of the slow economy. However, revenue losses were partially offset by positive budget variances in operating expenditures and Capital budget expenditures.

The financial results as presented are not audited and therefore may change after the annual audit is complete.

SUMMARY
2010/11 Budget
2010/11 Actual
Favorable/ (Unfavorable)
Revenues $ 14,018,287 $ 13,652,036 $ (366,251)
Less Operating Expenditures (12,656,358) (12,507,855) 148,503
Excess of Revenues over Expenditures 1,361,929 1,144,181 (217,748)
Less Capital Improvements and Outlays (1,101,679) (1,078,895) 22,784
Net Surplus (Deficit) $ 260,250 $ 65,286 $ (194,964)

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING $278,708 IN FISCAL YEAR-END DEPARTMENTAL BUDGET TRANSFERS AND A TRANSFER OF $8,127.63 IN UNSPENT GRANT REVENUES FOR FISCAL YEAR 2010/11 TO COMPLY WITH STATE FINANCIAL RESTRICTIONS
_______________________________________________________________________
WHEREAS, year-end budget transfers between departments require City Council
approval; and

WHEREAS, any Public Safety Augmentation monies received in fiscal year
2010/11 but not expended should be transferred to the appropriate grants reserve fund and returned to the General Fund for authorized expenditures during the next fiscal year.

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

1. Authorize FY 2010/11 budget transfers totaling $278,708 to and from the departments per Exhibit “A”.

2. Authorize the transfer of Public Safety Augmentation funds of $8,127.63 received but not spent in fiscal year 2009/10 from the General Fund to Grants Reserve Fund accounts (50% to Police Services Account 33-24021-0528 and 50% to Fire Services Account 32-24021-0476) for future expenditures for public safety, as mandated by Proposition 172.

PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF CARMEL-BY-THE SEA this 4th day of October, 2011, by the following roll call vote:

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

SIGNED:

______________________
SUE McCLOUD, MAYOR

ATTEST:

_________________________
Heidi Burch, City Clerk

k:\\users\ldadiw\finacial reports\09-10 final budget adjustments

EXHIBIT A
Dept. Acct # Description Transfer To (From)
Administration 64010 Salaries $ 34,740
Administration 64053 Contractual Svcs $ 13,284
IT 65045 Materials/Supplies $ 5,618
IT 65049 Equipment Maintenance $ 5,247
IT 65053 Contractual Svcs $ 2,264
Building/Planning 69019 Workers Compensation $ 4,491
Facilities Maintenance 70010 Salaries $ 8,480
Facilities Maintenance 70053 Contractual Svcs $ 16,152
Fire 72010 Salaries $ 5,592
Fire 72202 Regional Ambulance Subsidy $ 100,000
Public Works 76016 Retirement $ 13,591
Public Works 76017 Medical Program $ 9,108
Public Works 76046 Fuel $ 25,212
Library 84017 Medical Program $ 8,892
Library 84019 Workers Compensation $ 2,837
Library 84023 Part-time Assistance $ 23,200
Subtotal - Transfer To $ 278,708
Community Housing Trust 60208 Reimbursement $ (50,000)
Legal 61010 Salaries $ (10,000)
Legal 65051 Professional Services $ (80,000)
Administrative Services 67010 Salaries $ (31,678)
Building/Planning 69010 Salaries $ (17,336)
Building/Planning 69039 Printing $ (4,834)
Building/Planning 69040 Advertising $ (3,534)
Building/Planning 69051 Professional Services $ (11,368)
Building/Planning 69053 Contractual Svcs $ (2,710)
Facilities Maintenance 70050 Outside Labor $ (17,929)
Police 74016 Retirement $ (69,964)
Forest, Parks, Beach 78010 Salaries $ (10,593)
Community Services 82010 Salaries $ (1,372)
Community Services 82055 Community Activities $ (17,390)
Subtotal - Transfer From $ (278,708)

CITY COUNCIL: Resolution Authorizing City to Use $20,000 in Funds from Recycling Grant Account for Purchase of Two Solar-Powered Trash Compactors

Meeting Date: June 7, 2011
Prepared by: Molly Laughlin

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City to use $20,000 in funds from the Recycling Grant Account for the purchase of two solar-powered trash compactors.

Description: For the past 10 years, the City’s contract with Carmel Marina Corporation calls for annual grants to nonprofit organizations for recycling projects, special events and ongoing recycling programs. Each year, Carmel Marina Corporation remits $18,000 to the City. In turn, the City grants monies to nonprofit organizations who submit projects
and programs that support the City’s educational recycling efforts.
Up to now, the grant money in the Recycling Grants Deposit Account has been strictly used to fund the nonprofits’ projects. The purchase of two solar-powered trash compactors for the Commercial District is expected to go a long way to further the City’s already exemplary recycling effort, which serves the spirit and purpose of the grant. Officials at Carmel Marina Corporation concur that using grant funds for this purpose is within the scope of the grant’s intent.

Overall Cost: City Funds: N/A
Grant Funds: $20,000 (the current balance in Recycling Grants Deposit
Account 50-24050-0805 is $39,697).

Staff Recommendation: Approve the Resolution.

Important Considerations: Through the purchase of two solar-powered trash compactors, the City should realize environmental benefits in several significant ways. The units can handle garbage more efficiently as they periodically compact the trash inside, creating space for more garbage. The compactors have sensors connected to a computer server that can call for trash pickup when the unit is full, so the City will see fewer garbage
collection trucks on its streets, which will translate into lower emissions and noise. The compactors are tightly sealed, emitting fewer odors and providing better protection from scavenging animals and birds. Above all, the units are powered with clean, renewable energy. Cities that have installed solar-powered trash compactors have reported far more
consistent and correct recycling habits, as it is easier for people to distinguish between trash and recyclable materials.

Decision Record: None.

Reviewed by:

_________________________________ _____________________
John Goss, Interim City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY OF USE $20,000 IN FUNDS FROM THE RECYCLING GRANTS ACCOUNT FOR THE PURCHASE OF TWO SOLAR-POWERED TRASH COMPACTORS

WHEREAS, the City’s franchise agreement contract with Carmel Marina Corporation requires the City to annually donate money to nonprofit organizations for programs or projects that expand the City’s recycling efforts; and

WHEREAS, Recycling Grants Deposit Account 50-24050-0805 currently has a balance
of $39,697; and
WHEREAS, the purchase of these solar-powered trash compactor units will have
significant environmental and health benefits for the citizens, visitors and business community
and will further the City’s recycling efforts; and
WHEREAS, officials from Carmel Marina Corporation concur that use of the recycling
funds for the purchase of these units is compatible with the intent of the grant.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City to use $20,000 in funds from Recycling Grants Deposit Account
50-24050-0805 for the purchase of two solar-powered trash compactors.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 7th day of June 2011, 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 Accepting Grant of $5,000 from Colonel Dorethea Terry Layne Fund for Beautirication & Maintenance of Carmel Beach

Meeting Date: March 1, 2011
Prepared by: Molly Laughlin

City Council
Agenda Item Summary

Name: Consideration of a Resolution accepting a grant of $5,000 from the Colonel Dorothea Terry Layne Fund for the beautification and maintenance of Carmel Beach.

Description: The City received a $5,000 grant from Colonel Dorothea Terry Layne through the Fidelity Charitable Gift Fund. The purpose of the grant is to support and expand existing programs for the beautification and maintenance of Carmel Beach.

The City previously has received five grants from Colonel Dorothea Terry Layne through her charitable funds, most recently a $1,000 grant in April 2010. All of these grants were designated for the beautification and maintenance of Carmel Beach. The monies will be held in deposit account 50-24050-0633 until it is used for Carmel Beach expenditures.

Overall Cost: City Funds: N/A
Grant Funds: $5,000

Staff Recommendation: Approve the Resolution accepting the grant of $5,000 from the Colonel Dorothea Terry Layne Fund and direct staff to use the monies for beautification and maintenance of Carmel Beach.

Important Considerations: City Policy C91-01 states that the City Council has the final responsibility for the distribution and allocation of all grant appropriations.

Decision Record: Resolution 2010-30 dated April 6, 2010, accepting a $1,000 grant; Resolution 2008-81 dated December 2, 2008, accepting a $2,500 grant; Resolution 2008-1 dated January 8, 2008, accepting a $2,000 grant; Resolution 2007-14 dated March 13, 2007, accepting a $2,000 grant; and Resolution 2007-56 dated September 11, 2007, accepting a $3,000 grant from the Col. Dorothea Terry Layne Fund.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A GRANT OF $5,000 FROM THE COLONEL DOROTHEA TERRY LAYNE FUND FOR BEAUTIFICATION AND MAINTENANCE OF CARMEL BEACH

WHEREAS, the City of Carmel-by-the-Sea received a grant of $5,000 from Colonel Dorothea Terry Layne Fund through the Fidelity Charitable Gift Fund; and

WHEREAS, the grant is to be used to support and expand existing programs for the beautification and maintenance of Carmel Beach.

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

1. Accept with gratitude the grant of $5,000 from Colonel Dorothea Terry Layne through the Fidelity Charitable Gift Fund for deposit to Account 50-24050-0633.

2. Authorize staff to use the monies to support and expand existing programs for the beautification and maintenance of Carmel Beach.

3. Direct the Mayor to send a letter of thanks to Colonel Dorothea Terry Layne for her ongoing and generous support.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of March 2011, 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 Approving Fire Department Ford F-150 Utility Truck as Surplus & Authorizing Sale

Meeting Date: September 14, 2010
Prepared by: George Rawson,Public Safety Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving a Fire Department Ford F-150 utility truck as surplus and authorizing its sale.

Description: Utility Truck 7191, a 1994 Ford F-150 utility/pickup truck, has primarily been used for coastal incident responses, medical responses on the beach out of the surf line, and for transporting personnel and equipment during training. Age, normal wear and tear, and several recent mechanical problems have made this truck unreliable as a fire vehicle. The Fire Department recently purchased a new 2011 Ford F350 crew cab truck to replace Truck 7191, so it can now be declared surplus and sold. Proceeds from any sale will be deposited to General Fund Account 01-46801-0003.

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

Staff Recommendation: Staff recommends that Council approve the Resolution.

Important Considerations: The Fire Department’s aging 1994 Ford F-150 utility truck has had several recent mechanical failures that undermine its safety. It also lacks some of the most modern safety features. City Council approval is required to dispose or sell surplus equipment with a value of $1,000 or more.

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 APPROVING A FIRE DEPARTMENT FORD F-150
UTILITY TRUCK TO BE SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, Fire Utility Truck 7191, a 1994 Ford F-150, located at the Carmel
Fire Department, is no longer useful to the City by virtue of its age and condition; and
WHEREAS, Utility Truck 7191 has experienced numerous mechanical failures,
which seriously undermines its level of safety level; and
WHEREAS, the Fire Department recently purchased a new Ford F-350 truck to
replace this vehicle; and
WHEREAS, City Council approval is required for sale of vehicle valued at more
than $1,000.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Declare the 1994 Ford F-150 Utility Truck surplus.
2. Authorize the sale of the truck.
3. Authorize any sale proceeds to be deposited to General Fund Account
01-46801-0003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 14th day of September 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 in Support of H.R. 4040, the Big Sur Forest Service Management Unit Act

Meeting Date: 14 September 2010
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution in Support of H.R. 4040, the Big Sur Forest Service Management Unit Act, which will enhance the protection of the public lands and waterways of the Big Sur area.

Description: H.R. 4040, the Big Sur Forest Service management Act of 2009, sponsored by Congressman Sam Farr, makes structural changes designed to improve the management of the Los Padres National Forest’s Monterey Ranger District.

These changes include: reorganizing the Monterey Ranger District into a Management Unit known as the Big Sur Management Unit (BSMU); directing the US Forest Service to develop a wildlife management plan tailored to the new BSMU; revising the Forest Service boundaries of the new BSMU to more closely match the boundary with actual Federal ownership and remove the Big Sur Valley and other private lands from the current boundary; designating several river segments with the Federal lands of the LPNF as wild and scenic under the Wild and Scenic Rivers Act; and making several minor boundary changes to wilderness designations enacted by Congress in 2002.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: H.R. 4040 is an important step to protect and preserve the scenic and natural public lands and waterways in the Big Sur area.

Decision Record: N/A

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 SUPPORTING H.R. 4040, THE BIG SUR FOREST SERVICE MANAGEMENT UNIT ACT,
WHICH WILL ENHANCE THE PROTECTION OF PUBLIC LANDS AND WATERWAYS OF THE BIG SUR AREA

WHEREAS, Congressman Sam Farr sponsored H.R. 4040, the Big Sur Forest
Service Management Unit Act of 2009, to protect the wild and scenic nature of the Big Sur Region; and

WHEREAS, the Big Sur region is host to a unique set of local concerns, and H.R. 4040 would establish the Big Sur Management Unit (BSMU) which would reorganize the Monterey Ranger District. Converting the 325,000 acres of the Monterey Ranger District into the Big Sur Management Unit (BSMU) will provide the region with the autonomy and budget authority this spectacular public land deserves. Furthermore, Section 104, which designates the BSMU as a Wildland Urban Interface Special Study Area and directs the United States Forest Service to develop and annually update a fire management plan specifically for the BMSU, will ensure this region’s specific fire protection needs are met and further protect its wild public resources; and

WHEREAS, the rivers and streams flowing through public lands in the northern Santa Lucia Mountains are of incredible ecological and recreational value and H.R. 4040 will designate 90 miles of the most biologically and culturally sensitive rivers and streams in the Los Padres National Forest as federal Wild and Scenic Rivers, including sections of the Arroyo Seco River, Big Creek, Carmel River, San Antonio River, and the
San Carpoforo Creek. This is the highest legal protection a waterway may be granted, and will protect them in perpetuity; and

WHEREAS, the Big Sur Wilderness Areas are of priceless value and importance to the state, as well as outstanding recreational value to the County, H.R. 4040 will modify certain boundaries and incorporate new areas for a gain of approximately 2,000 acres of National Wilderness; and

WHEREAS, thousands of people visit the region every year, and the Arroyo
Seco/Indians Road will be converted into a National Recreation Trail so it may continue to be used by hikers, equestrians and mountain bikers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Carmel-by-the-Sea hereby supports the passage of H.R. 4040, as it will be an instrumental step in the protection of the public lands and waterways of the Big Sur area, and will preserve the natural quality of the Central Coast for all to enjoy.

BE IT FURTHER RESOLVED that the Mayor is directed to transmit a copy of
this Resolution and indicate the City’s support of H.R. 4040 to Congressman Farr, Senators Feinstein and Boxer, and President Obama.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 14th day of September 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 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: Resolution Approving Revised Regional Development Impact Fees for Transportation Purposes by TAMC

Meeting Date: 6 April 2010
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving revised Regional Development Impact Fees for transportation purposes by the Transportation Agency for Monterey County (TAMC).

Description: This Resolution would approve the revised Regional Development Impact Fees for
transportation purposes by the Transportation Agency for Monterey County (TAMC).
In August 2009, the TAMC Board directed staff to update the regional impact fee program,
which serves as a mechanism to mitigate new development traffic impacts from new trips to the
regional roadway network throughout Monterey County. In response to concerns raised by
several jurisdictions, the agency agreed to refine the regional fee program to phase in some of the
regional state highway projects and revise the fee schedule accordingly. The resulting fee
schedule reflects a reduction in fees.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: In July 2008, Council adopted a joint powers association,
establishing a regional development fee for transportation, and adopted the initial fee program.
The City has collects fees from new development projects through the planning and building
permit process. This action approves a revised fee schedule, lowering the amount of the fee per
trip collected by development from:
• North County: $644 to $348, a $296 reduction (46%) per trip.
• Monterey Peninsula: $375 to $298, a $77 reduction (20%) per trip.
• Greater Salinas: $430 to $274, a $156 reduction (36%) per trip.
• South County: $543 to $438, a $105 reduction (19%) per trip.
The regional fee program proposes more than $1 billion of transportation improvements, spread
over county-wide transportation capacity projects, and an additional $10 million in transit capital
improvements.
Decision Record: On July 1, 2008, the City Council adopted Ordinance 2008-3, adding Chapter
3.36 to the Municipal Code to establish a regional development impact fee.
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
27
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND CITY COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: APRIL 6, 2010
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING
REVISED REGIONAL DEVELOPMENT IMPACT FEES
FOR TRANSPORTATION PURPOSES BY THE
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
(TAMC).
INTRODUCTION & BACKGROUND
At its August 2009 meeting, the TAMC Board directed staff to update the regional impact fee
program, which serves as a mechanism to mitigate new development traffic impacts from new
trips to the regional roadway network throughout the County. In response to concerns raised
by several jurisdictions, the agency agreed to refine the regional fee program to phase in some
of the regional state highway projects and revise the fee schedule accordingly. The resulting
fee schedule reflects a reduction in fees.
TAMC staff worked closely with member jurisdictions to ensure transparency and to address
any concerns raised early in the update process. TAMC is requesting that the City Council
adopt the attached Resolution approving the revised Regional Development Impact Fee
schedule.
On July 1, 2008, the City Council adopted Ordinance 2008-3 adding Chapter 3.36 to the
Municipal Code, establishing a regional development impact fee and adopting the initial fee
program. The City collects fees from new development projects through the planning and
building permit process. This action approves a revised fee schedule, which lowers the amount
of the fee per trip collected by development from:
• North County: $644 to $348, a $296 reduction (46%) per trip.
• Monterey Peninsula: $375 to $298, a $77 reduction (20%) per trip.
• Greater Salinas: $430 to $274, a $156 reduction (36%) per trip.
• South County: $543 to $438, a $105 reduction (19%) per trip.
RECOMMENDATION
It is recommended that City Council adopt a Resolution approving revised Regional
Development Impact Fees for transportation purposes by the Transportation Agency for
Monterey County (TAMC).
28
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AMENDING THE INITIAL AMOUNT OF
REGIONAL DEVELOPMENT IMPACT FEES
WHEREAS, the Council of the City of Carmel-by-the-Sea has adopted Ordinance 2008-3
(“Ordinance”) establishing a Regional Development Impact Fee (“RDIF”) to be paid by new
development within the City to pay in part the cost of regional transportation improvements
needed to accommodate new development of land within the county;
WHEREAS, the Council of the City of Carmel-by-the-Sea has authorized the execution
and delivery of a Joint Powers Agreement establishing the Regional Development Impact Fee
Agency (“RDIF Agency”) to coordinate the activities of the parties to the JPA in connection with
the collection, transmittal and expenditure of Regional Development Impact Fees (as determined
herein);
WHEREAS, the Board of Directors of the Transportation Agency for Monterey County
approved an amendment to the RDIF on October 28, 2009, which reduced the scope of several
projects during the program’s 2030 time horizon and resulted in a lower fee schedule;
WHEREAS, the Council of the City of Carmel-by-the-Sea deems it necessary and
appropriate to amend the initial amount of RDIF’s as provided in this Resolution for consistency
with the amended amounts approved by the Board of Directors of the Transportation Agency for
Monterey County, of which the City is a member;
NOW, THEREFORE, be it resolved that the the City Council of the City of Carmel-bythe-
Sea does hereby resolve as follows:
SECTION 1. Amount of Regional Development Impact Fee (RDIF). The amended
amount of RDIF shall be as provided in Exhibit “A” hereto. The amended amount of RDIF shall
be subject to automatic and discretionary modifications as provided in the JPA and subsequent
resolutions of this Council.
SECTION 2. Findings. The findings of this Council made in the Ordinance are hereby
incorporated herein.
SECTION 3. Effective Date. This Resolution shall take effect upon adoption.
29
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 6th day of April, 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: SIGNED,
_____________________ ________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR
30
Exhibit “A”
Regional Development Impact Fee Amount
LAND USE DESIGNATION
ITE
CODE
NORTH
COUNTY
GREATER
SALINAS
PENINSULA /
SOUTH COAST
SOUTH
COUNTY
Residential (Dwelling Unit)
Single‐Family 210 $3,329 $2,622 $2,850 $4,194
Moderate Income $2,599 $2,046 $2,225 $3,273
Low Income $1,920 $1,512 $1,644 $2,419
Apartment 220 $2,338 $1,841 $2,001 $2,945
Moderate Income $1,825 $1,437 $1,562 $2,299
Low Income $1,348 $1,062 $1,154 $1,699
Condo/Townhome 230 $2,039 $1,605 $1,745 $2,568
Moderate Income $1,591 $1,253 $1,362 $2,004
Low Income $1,176 $926 $1,007 $1,481
Senior / Multi‐Family / Secondary Unit 251 $1,291 $1,016 $1,105 $1,626
Retail / Service (Square Feet)
Building Materials and Lumber Store 812 $4.804 $3.783 $4.268 $6.051
Free‐Standing Discount Superstore 813 $5.234 $4.122 $4.650 $6.594
Specialty Retail Center 814 $4.714 $3.712 $4.188 $5.938
Free‐Standing Discount Store 815 $5.959 $4.693 $5.294 $7.506
Hardware/Paint Store 816 $5.456 $4.296 $4.847 $6.872
Nursery (Garden Center) 817 $3.838 $3.022 $3.409 $4.834
Nursery (Wholesale) 818 $4.148 $3.267 $3.685 $5.226
Shopping Center 820 $4.568 $3.597 $4.058 $5.754
Factory Outlet Center 823 $2.828 $2.227 $2.513 $3.563
New Car Sales 841 $3.546 $2.793 $3.151 $4.467
Automobile Parts Sales 843 $6.585 $5.186 $5.850 $8.295
Tire Store 848 $2.645 $2.083 $2.350 $3.332
Tire Superstore 849 $2.166 $1.705 $1.924 $2.728
Supermarket 850 $10.875 $8.564 $9.661 $13.699
Discount Supermarket 854 $10.299 $8.110 $9.149 $12.973
Discount Club 861 $4.446 $3.501 $3.950 $5.601
Home Improvement Superstore 862 $3.170 $2.496 $2.816 $3.993
Electronics Superstore 863 $4.791 $3.773 $4.256 $6.035
Discount Home Furnishing Superstore 869 $5.086 $4.005 $4.518 $6.406
Apparel Store 870 $7.063 $5.562 $6.275 $8.897
Arts and Crafts Store 879 $6.015 $4.737 $5.344 $7.577
Pharmacy/Drugstore (no Drive‐Thru) 880 $9.580 $7.544 $8.510 $12.067
Pharmacy/Drugstore (Drive‐Thru) 881 $9.378 $7.385 $8.331 $11.813
Furniture Store 890 $0.538 $0.424 $0.478 $0.678
Quality Restaurant 931 $9.57 $7.53 $8.50 $12.05
High Turnover (Sit‐down) Restaurant 932 $13.52 $10.65 $12.02 $17.04
Fast Food (Stand‐Alone) 934 $52.77 $41.56 $46.88 $66.48
Fast Food (w/ Non‐Auto) 934 $44.18 $34.79 $37.82 $55.65
Fast Food (Shopping Center Pad) 934 $26.79 $21.09 $22.93 $33.74
Fast Food (Shopping Center w/ Non‐Auto) 934 $18.09 $14.25 $15.49 $22.79
31
LAND USE DESIGNATION
ITE
CODE
NORTH
COUNTY
GREATER
SALINAS
PENINSULA /
SOUTH COAST
SOUTH
COUNTY
Office (Square Feet)
General Office 710 $3.830 $3.016 $3.279 $4.825
Single Tenant Office Building 715 $4.025 $3.170 $3.445 $5.070
Medical‐Dental Office Building 720 $12.569 $9.898 $10.759 $15.833
Office Park 750 $3.973 $3.129 $3.401 $5.004
Business Park 770 $4.439 $3.496 $3.800 $5.592
Industrial / Agriculture (Square Feet)
Light Industrial 110 $2.425 $1.909 $2.076 $3.054
Heavy Industrial 120 $0.522 $0.411 $0.447 $0.657
Warehouse 150 $1.725 $1.359 $1.477 $2.174
Manufacturing 140 $1.329 $1.047 $1.138 $1.674
Lodging (Room)
Hotel 310 $2,842 $2,238 $2,433 $3,580
Motel 320 $1,959 $1,542 $1,677 $2,467
Fee per Trip $348 $274 $298 $438
A) To qualify as moderate and low income units, the maximum unit prices must meet those set
annually by the State Department of Housing and Urban Development for housing affordability
in Monterey County and the developments must be located within a ½-mile radius of transit or
dial-a-ride service routes.
B) Trip rate source for Moderate and Low Income Single-Family Residential: San Francisco
Bay Area 1990 Regional Travel Characteristics - WP #4 - MTC Travel Survey (online:
http://ntl.bts.gov/DOCS/SF.html)
C) Trip rates for market and below-market rate Senior Housing/Secondary Unit developments
are from the Trip Generation 7th Edition manual, which considers decreased travel patterns for
senior housing developments.
D) Fast-food restaurant pads that are located within the Central Business District (CBD) of a
City/Community, where substantial non-automobile trip activity (such as walk, bike and public
transit) is justifiable, may request a general 5% trip rate reduction for CBD fast-food uses. For
suburban (non-CBD) locations, a general 5% trip rate reduction is permissible for fast-food uses
with the availability of existing/planned non-automobile modes of travel within a one-mile radius
from the proposed fast-food use.

CITY COUNCIL: Resolution to Lend Mary DeNeale Morgan Paintings to Hearst Art Gallery, Saint Mary's College of California

Meeting Date: April 6, 2010
Prepared by: Janet Cubbage, Library Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010.

Description: The Hearst Art Gallery of Saint Mary’s College of California has requested permission to borrow two paintings by early California artist Mary DeNeale Morgan for an exhibition that will run from July 25 through September 19, 2010.

The paintings will be hung, using archival standards, in a climate-controlled, secure facility. They will be fully insured by the Hearst Art Gallery for the entire loan period and packaged and transported by trained, experienced Hearst Art Gallery staff.

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

Staff Recommendation: Adopt the Resolution

Important Considerations: Loans such as this foster collaboration and strengthen professional relationships between institutions and generate positive publicity for the lender.

Decision Record: In 2000 “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters was loaned for four months to the Monterey Museum of Art for the exhibition, “Painting of the Monterey Adobes: A Walking Tour”.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: JANET CUBBAGE, LIBRARY DIRECTOR
DATE: MARCH 9, 2010
SUBJECT: CONSIDERATION OF A RESOLUTION TO LEND TWO MARY DENEALE MORGAN PAINTINGS TO HEARST ART GALLERY, SAINT MARY’S COLLEGE OF CALIFORNIA, FROM JULY 15 THROUGH SEPTEMBER 30, 2010.

RECOMMENDED MOTION
Adopt a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 – September 30, 2010.

BACKGROUND
In January 2010, Julie Armistead, Collections Manager / Registrar for the Hearst Art
Gallery of Saint Mary’s College in Moraga, California, submitted a formal request to
borrow two Mary DeNeale Morgan paintings, one titled “Cypress, Monterey Coast”,
which hangs in the Main Library lobby, and the other, “Cypress Trees by the Seashore”,
which hangs in the Sunset Center lobby, for an exhibition titled “Delicate Strength: Early
California Paintings by Annie Harmon, Mary DeNeale Morgan, and Marion Kavanagh
Wachtel”. The three artists featured in the exhibition all studied under William Keith, an
important early California landscape artist whose works form the heart of the Hearst Art
Gallery collection.
Important points to consider regarding the request from Hearst Art Gallery:
• Hearst Gallery environmental conditions with regard to temperature and
relative humidity are maintained according to archival standards.
• The paintings will be secured with standard museum quality hanging tools.
• The mounting and display process will not affect the condition of the
paintings.
• The gallery space is fully alarmed and equipped with closed circuit TV
cameras, magnetic contacts and microwave motion detectors, with additional
security provided by Hearst Art gallery staff.
45
• The paintings will be fully insured for the full loan period under the fine arts
policy carried by Saint Mary’s College.
• Packing and transportation of the paintings will be done under the supervision
of Ms. Armistead by Hearst Art Gallery staff experienced in handling and
moving artwork.
The dates of the requested loan period for the paintings are July12 through October 1,
2010.
The Harrison Memorial Library Board of Trustees approved the loan of “Cypress
Monterey Coast”, the painting that hangs in the Main Library, during its January 21, 2010
regular meeting.
FISCAL IMPACT
None. The Hearst Art Gallery will be responsible for all costs, including transportation
and insurance.
SUMMARY
Requests to borrow City works of art have been rare; however, occasional loans have
been made. In 2000, “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters, was
loaned for four months to the Monterey Museum of Art for an exhibition, “Painting of the
Monterey Adobes: A Walking Tour”.
Loans such as this foster collaboration. They strengthen professional relationships
between institutions and enable them to offer services beyond what they could provide
using their own resources. They also generate positive publicity for the lender while
giving people in other areas a chance to view and appreciate works of art they might
otherwise not see.
46
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-
SEA TO LEND TWO MARY DENEALE MORGAN PAINTINGS TO
HEARST ART GALLERY, SAINT MARY’S COLLEGE OF CALIFORNIA,
FROM JULY 15 THROUGH SEPTEMBER 30, 2010
WHEREAS, Hearst Art Gallery, Saint Mary’s College of California, has requested the
temporary loan of two Mary DeNeale Morgan paintings, “Cypress, Monterey Coast” and
“Cypress Trees by the Seashore”, to be included in an exhibition, “Delicate Strength: Early
California Paintings by Annie Harmon, Mary DeNeale Morgan, and Marion Kavanagh
Wachtel”, and
WHEREAS, Hearst Art Gallery has agreed to house and hang the paintings in accordance
with accepted archival standards and environmental conditions, and
WHEREAS, the gallery space is fully alarmed and equipped with closed circuit TV
cameras, magnetic contacts and microwave motion detectors, with additional security provided
by Hearst Art Gallery staff, and
WHEREAS, the paintings will be fully insured for the full loan period under the fine arts
policy carried by Saint Mary’s College.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA DOES:
1. Agree to lend two City paintings, “Cypress, Monterey Coast” and “Cypress Trees by
the Seashore”, by Mary DeNeale Morgan to the Hearst Art Gallery, Saint Mary’s
College of California, for the period of July 15 – September 30, 2010.
2. Authorize Julie Armistead, Collections Manager / Registrar and Hearst Art Gallery
staff to pack and transport the two paintings to the Hearst Art Gallery, Saint Mary’s
College of California on July 15, 2010.
3. Require that the two paintings be packed and transported by Ms. Armistead and Hearst
Art Gallery staff and returned to the City in the same condition as they were loaned
by October 1, 2010.
47
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 6th day of April, 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 Entering into Agreement with Bellinger Foster Steinmetz for Landscape Architectural Services for San Antonio Pathway Project

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Bellinger Foster Steinmetz to provide landscape architectural services for the San Antonio Pathway Project in an amount not to exceed $10,475.

Description: The Pebble Beach Company and the City are cooperatively constructing a new pedestrian trail from the Carmel Gate, south to 4th Avenue, then westerly toward Carmel Beach, via the North Dunes. The conceptual design for the project has been completed.

A neighborhood meeting was held to hear public comments. Among the issues discussed was a need to provide a landscape barrier, especially at the intersection of San Antonio and 4th Avenue. The concern was that by removing vegetation to build the pathway, lights from vehicles traveling west of 4th Avenue would adversely affect the properties west of San Antonio.

The Planning Commission reviewed the pathway project for conformity to the General Plan and Design Guidelines. As part of its review, the Commission recommended that a landscape plan be prepared as part of the construction
documents.

Bellinger Foster Steinmetz is an architectural firm familiar with the City’s landscape standards. It submitted a proposal that includes developing a conceptual landscape plan and bid documents. It is proposing to work with both the residents who live near San Antonio and with the Pebble Beach Company staff to develop a plan that conforms to the City’s Design Guidelines.

Overall Cost:
City Funds: $10,475 from the operating budget
Grant Funds: none currently available (grant consultant pursuing future grants)

Staff Recommendation: Adopt the Resolution.

Important Considerations: Construction of the San Antonio Street portion of the pathway project involves removing existing vegetation. To conform with the Design Guidelines, the Planning Commission (including staff) feel it is important to develop a landscape plan that acts as both a vegetation barrier to the properties on the west side of San Antonio and also enhances the walking experience for pathway pedestrians.

Decision Record: The City Council directed staff at a prior meeting to develop a landscape plan for the pathway project.

Reviewed:


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 ENTERING INTO AN AGREEMENT WITH BELLINGER FOSTER STEINMETZ TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES FOR THE SAN ANTONIO PATHWAY PROJECT IN AN AMOUNT NOT TO EXCEED $10,475

WHEREAS, the Pebble Beach Company and the City have jointly prepared conceptual plans for the construction of a new pathway on San Antonio Avenue; and

WHEREAS, a combined Coastal Development Permit was submitted to the Coastal Commission; and

WHEREAS, the conceptual plan for the proposed pathway project was reviewed by the City Council which provided policy direction; and

WHEREAS, the conceptual plan also was reviewed by the Planning Commission which recommended that a landscape plan should be prepared as part of the pathway project; and

WHEREAS, Bellinger Foster Steinmetz is a consulting landscape architectural firm that is qualified to prepare a plan and bid documents outlined in its proposal.

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

1. Authorize an agreement with Bellinger Foster Steinmetz to prepare a landscape plan for the San Antonio Project between the Carmel Gate and 4th Avenue.

2. Approve funding from Account No. 01-64051 (Professional Services).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of February, 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 City to Join CaliforniaFIRST Municipal Finance Program

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City to join the CaliforniaFIRST Municipal Finance Program to fund energy efficiency improvements and alternative energy systems.

Description: AB 811 was adopted to address global climate change and the high upfront cost of energy efficient systems. AB 811 allows property owners to voluntarily participate in a parcel assessment district that provides financing for energy efficient improvements and alternative energy conservation systems.

The California Statewide Communities Development Authority (CSCDA) is
creating a statewide program to implement AB 811, which it is calling CaliforniaFIRST. The program provides for an economy of scale of local jurisdictions for the program, which will include administration, financing costs and addressing legal issues. To participate in this program, Monterey County, along with at least one city within the County, must adopt a resolution to join.

Three Monterey County cities have already adopted resolutions to join
CaliforniaFIRST: Pacific Grove, King City and Greenfield. Other cities within the County are in the process of adopting the resolution. Thirteen counties, including Monterey County, have prepared a collaborative
grant application for submission to the California Energy Commission (CEC) to cover the setup fees and administrative costs for all participating cities and the County.

Overall Cost:
City Funds: $10,000 setup fee
Grant Funds: $10,000 CEC grant application

Staff Recommendation: Adopt the Resolution to join CaliforniaFIRST.

Important Considerations: The County of Monterey will seek grant funds through the CEC State Energy Program to pay for the CaliforniaFIRST setup fee. Though this grant has not yet been approved, the Monterey County staff is confident that the CEC will approve the County’s grant application. If, by some chance this grant application is denied, the City Council must decide whether or not the City should fund the $10,000 setup fee.

Decision Record: No prior action has been taken by the City Council on this statewide issue.

Reviewed:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: FEBRUARY 2, 2010
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST MUNICIPAL FINANCE PROGRAM TO FUND ENERGY EFFICIENCY
IMPROVEMENTS AND ALTERNATIVE ENERGY SYSTEMS

SUMMARY RECOMMENDATION
Adopt a Resolution to join the CaliforniaFIRST municipal finance program.

BACKGROUND
To address global climate change and the high upfront cost of installation, Assembly Bill 811 allows property owners to voluntarily participate in an assessment district that provides financing for the installation of distributed generation renewable energy sources or energy
efficiency improvements that are permanently fixed to residential, commercial, industrial, or other real property. After first receiving local municipal approval, property owners contract directly with qualified contractors and installers for energy efficiency and/or energy generating projects.

Assembly Bill 811
To address global climate change and the high upfront cost of installation, Assembly Bill 811 allows property owners to voluntarily participate in an assessment district that provides financing for the installation of distributed generation renewable energy sources or energy
efficiency improvements that are permanently fixed to residential, commercial, industrial, or other real property. After first receiving local municipal approval, property owners contract directly with qualified contractors and installers for energy efficiency and/or energy
generating projects.

Assembly Bill 474
Similar to AB 811, AB 474 allows property owners to voluntarily participate in an assessment district providing financing for the installation of water conservation improvements.

Existing Municipal Finance Programs
Monterey County staff conducted research on existing programs and found that they all had two problems in common. First, legal ambiguity exists on whether a voluntary assessment is senior to previously existing mortgages. This resulted in problems with bonds being sold in the public market and validation hearings must take place in an effort to resolve this issue.

Second, administration costs for the program are significant. These include the costs for application and project review, credit verification, document processing, collection and reserves, etc. There is also the additional cost of placing and maintaining the assessments on the tax rolls. The legal and administrative costs of program development and implementation have been an obstacle for most of the counties and cities working individually. Taking advantage of economies of scale by working collaboratively is a more cost effective approach for all entities involved.

CaliforniaFIRST
County staff also researched opportunities with the California State Association of Counties subsidiary the California Statewide Communities Development Authority (“CSCDA”). The CSCDA is creating a statewide program for the implementation of AB 811 called CaliforniaFIRST, and while not included in the pilot phase, it will include implementation of AB 474 in the full program launch so that water conservation improvements can be included.

Such a program could enable statewide economies of scale for program administration, financing costs and addressing legal issues. The pilot program is expected to launch between June and August 2010, followed by full program implementation in the last quarter of calendar year 2010. Program administration for both the pilot and the full program will be
provided. Each municipality would be responsible only for their locally incurred expenses for marketing, education and internal administration costs.

To participate in the pilot program, the City of Carmel-by-the-Sea must adopt a Resolution to join CaliforniaFIRST and pay the one time set-up fee. The City’s set-up fee will be no more than $10,000 and will be used for validation proceedings, data acquisition, systems configuration, and web portal customization. Thirteen counties, including Monterey County, have prepared a collaborative grant application to be submitted to the California Energy Commission for State Energy Program to cover the set-up fees and administration costs for all participants. Sacramento County is the lead applicant for this collaborative effort. CaliforniaFIRST program materials document that any city that wishes to discontinue participation in the program may do so at any time and without financial penalty.

FISCAL IMPACT
No impact for the City’s 2009-10 FY budget. Monterey County will seek grant funds through the California Energy Commission's State Energy Program to pay for the one-time CaliforniaFIRST program set-up fee and for marketing, education and administrative costs.

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST MUNICIPAL FINANCE PROGRAM TO FUND ENERGY EFFICIENCY IMPROVEMENTS AND ALTERNATIVE ENERGY SYSTEMS

WHEREAS, the current economic crisis has placed California cities under incredible financial pressure and caused city officials to contemplate painful cuts, including reduction in the City’s work force, decreased maintenance and operations of public facilities, and reductions in
direct services to keep spending in line with declining revenues; and
WHEREAS, the California Statewide Communities Development Authority
(“California Communities”) is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California, including the City of Carmel-by-the-Sea (the “City”); and

WHEREAS, California Communities has established the CaliforniaFIRST program
(the “CaliforniaFIRST Program”) to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements (the “Improvements”) through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code (“Chapter 29”) and the issuance of improvement bonds (the “Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following)
(the “1915 Act”) upon the security of the unpaid contractual assessments; and

WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and

WHEREAS, the City desires to allow the owners of property within its jurisdiction (“Participating Property Owners”) to participate in the CaliforniaFIRST Program and to allow California Communities to conduct assessment proceedings under Chapter 29 and to issue Bonds under the 1915 Act to finance the Improvements; and

WHEREAS, California Communities will conduct assessment proceedings under
Chapter 29 and issue Bonds under the 1915 Act to finance Improvements;

WHEREAS, the territory within which assessments may be levied for the
CaliforniaFIRST Program shall be coterminous with the County’s official boundaries of record at the time of adoption of the ROI (the “Proposed Boundaries”); and

WHEREAS, the County will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program; and

WHEREAS, pursuant to Government Code Section 6586.5, a notice of public
hearing has been published once at least five days prior to the date hereof in a newspaper of general circulation in the County and a public hearing has been duly conducted by this City Council concerning the significant public benefits of the CaliforniaFIRST Program and the financing of the Improvements;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carmel-by-the-Sea as follows:

Section 1. On the date hereof, the City Council of the City of Carmel-by-the-Sea held a public hearing and the hereby finds and declares that the issuance of bonds by California Communities in connection with the CaliforniaFIRST Program will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and reductions in effective user charges levied by water and electricity providers within the boundaries of the County.

Section 2. In connection with the CaliforniaFIRST Program, the City hereby consents to the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 on any property within the Proposed Boundaries and the issuance of Bonds under the 1915 Act; provided, that
(1) Such proceedings are conducted pursuant to one or more Resolutions of
Intention in substantially the form of the ROI; and
(2) The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments.

(3) The City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program.

(4) The issuance of Bonds will occur following receipt of a final judgment in a validation action filed by California Communities pursuant to Code of Civil Procedure Section 860 that the Bonds are legal obligations of California Communities.

Section 3. Pursuant to the requirements of Chapter 29, California Communities has prepared and will update from time to time the “Program Report” for the CaliforniaFIRST Program (the “Program Report”), and California Communities will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report.

Section 4. The appropriate officials and staff of the City are hereby authorized and directed to make applications for the CaliforniaFIRST program available to all property owners who wish to finance improvements; provided, that California Communities shall be responsible for providing such applications and related materials at its own expense.

The following staff persons, together with any other staff persons chosen by the City Administrator from time to time, are hereby designated as the contact persons for California Communities in connection with the CaliforniaFIRST Program:
• Community Planning and Building Director
• Building Official
• Assistant City Administrator/City Clerk

Section 5. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents as are reasonably required by California Communities in accordance with the Program Report to implement the CaliforniaFIRST Program for Participating Property Owners.

Section 6. Upon receipt of the State Energy Program grant funds, the appropriate officials and staff of the City are hereby authorized and directed to pay California Communities a fee in an amount not to exceed $10,000.00, which California Communities will use to pay for the costs of implementing the CaliforniaFIRST Program in the City, including the payment of legal costs incurred in connection with judicial validation of the CaliforniaFIRST Program.

Section 7. The City Council hereby finds that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).

Section 8. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of California Communities.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
on this 2nd day of February 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 Addition of Third Tier to Facility Use Fee Structure for Sunset Theater Tickets

Meeting Date: 2 February 2010
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the addition of a third tier to the facility use fee structure for Sunset Theater ticket purchases of $41.00 or greater per individual ticket.

Description: Staff received a request from the Sunset Cultural Center, Inc. (“SCC”) to add an additional tier to its Facility Use Fee (FUF) structure. SCC is requesting the proposed increase to offset increasing maintenance costs for the Sunset Theater.

The SCC determined that an appropriate way to support some of the increased cost would be through the establishment of an additional tier to their facility use fee structure. It is becoming more common for theaters to impose such a fee, levied on a “per ticket sold” basis that is paid by those attending a performance or event. Programming, budgeting and subscription sales cycles require an immediate decision of the facility use fee issue and should be placed into effect immediately.

Fiscal Impact: Creation of the third tier of the facility use fee structure will generate new revenue to help offset the operational cost of the Sunset Theater. Based on the SCC’s calculations, revenue generated is expected to be $31,586 in the upcoming season.

Staff Recommendation: Approve the Resolution.

Important Considerations: There are currently two tiers of facility use fees in place for ticket purchases at the Sunset Center. A $1 FUF is added to tickets costing between $1 and $20 and a FUF of $2 is added to tickets costing $21 and greater. The requested new third tier of a $3 fee would only affect ticket price purchases greater than $41.00.

A facility use fee is a necessary and appropriate way to help offset a major portion of the new cost associated with operating the Sunset Theater. Because of the business cycles of the performing arts business, it is important that Council make a decision immediately to provide
direction for the Sunset Theater users during the 2010-2011 season and beyond.

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 THE ADDITION OF A THIRD TIER TO THE FACILITY USE FEE STRUCTURE FOR SUNSET THEATER TICKET PURCHASES OF $41.00 OR GREATER PER INDIVIDUAL TICKET

WHEREAS, it is reasonable to expect the patrons of the Sunset Theater to contribute to that cost to maintain the Sunset Theater; and

WHEREAS, it is an increasingly common practice in theaters and performing arts centers to charge a “Facility Use Fee” which is paid directly by the patrons to the operator of the theater; and

WHEREAS, the proposed additional tier of three dollars ($3) is for ticket sales greater than forty one dollars ($41) per individual ticket; and

WHEREAS, to enable the historic users time to inform their subscribers and other ticket buyers of such a fee beginning with the commencement of the 2010-2011 season, action must be taken in a timely manner.

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

1. Authorize and instruct the management of the Sunset Community and Cultural Center to add a third tier to the facility use fees imposed on the sale of a ticket to any event taking place in the Sunset Theater commencing February 2, 2010. The fee shall be $3.00 on any ticket sold at a price of $41.00 or more.

2. Authorize the Management of the Sunset Center to waive the facility use fee in those circumstances where attendance is solely by organized, student audiences paying less than $8.00 per admission.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of February 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

FUF Rates by Theater
Theater Seats FUF Charges
CA Center for the Arts - Escondido 1525 $2 all seats
Christopher Cohen PAC - San Luis Obispo 1289 $3 all seats
East County PAC - El Cajon 1142 $2.00 all seats
Fox Theater - Salinas 1,000 max Not online / no return call
Gallo Center for the Arts - Modesto 1251 $3 all seats
Golden State Theater - Monterey 921 aprox Not online / no return call
Granada Theater - Santa Barbara 1553 $1 - $3 per seat
Herbst Theater - San Francisco 916 Not online / no return call
Julia Morgan PAC - Berkley 390 $1.00 all seats
Lancaster PAC - Lancaster 758 Not online / no return call
Lesher Center for the Performing Arts 785 $3 all seats
Mondavi Center - Davis 1,801 $1.00 all seats on paid events
$.50 all seats on free events with
$500 maximum.
Mountain View CPA - Mountain View 589 $2 or $3 Breakdown not listed
Santa Cruz Civic - Santa Cruz 2,000 Max $1 - $4 per seat
Yerba Buena - San Francisco 757 $1 - $2 per seat

CITY COUNCIL: Resolution Certifying Results of the General Election, November 3, 2009

Meeting Date: January 5, 2010
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Consideration of a Resolution certifying the results of the General Municipal Election held on November 3, 2009.

Description: Approval of this Resolution will enter the official results of the November 3, 2009 election into the City record.

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

Staff Recommendation: Approve the Resolution.

Important Considerations: Upon certification of election results by the Monterey County Registrar of Voters, the City Council officially receives and certifies it as well, as a required course of action.

Decision Record: Results are received and certified by Council after each and every election.

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 CERTIFYING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2009
________________________________________________________________________
WHEREAS, a General Municipal Election was held in the City of Carmel-by-the-Sea, County of Monterey, State of California, in accordance with the laws of the State, on Tuesday, the 3rd day of November 2009, for the purpose of submitting Measure “I” to the qualified electors; and

WHEREAS, the returns from the two consolidated voting precincts, duly established for the holding of said election, have been canvassed pursuant to Section 15301 of the Elections Code, and said canvass has certified and submitted to the City Council.

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

1. That the City Clerk is hereby ordered to enter upon the records of this City a statement of the results of said General Municipal Election, which results are hereby declared to be set forth, as attached hereto, to wit:
Yes on Measure “I” received 913 votes, or a majority of those votes cast; with No on Measure “I” votes cast totaling 552.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 5th day of January 2010 by the following roll call vote:

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

Signed:

__________________________
ATTEST: SUE McCLOUD, MAYOR

_______________________
Heidi Burch, City Clerk