CITY COUNCIL: Resolution Approving a Joint Powere Agreement to Establish Monterey County Regional Taxi Authority

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

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving a Joint Powers Agreement to
establish the Monterey County Regional Taxi Authority.

Description: The Transportation Agency for Monterey County (TAMC) gave a
presentation to City Council in March 2009 and recommended establishing a
Regional Taxi Authority (RTA). This Resolution would delegate City
responsibilities for taxi licensing to such an RTA. Documents have been
prepared to participate in a Joint Powers Agreement to approve Carmel’s
participation in the RTA.

The RTA would operate as a “one-stop shop” resulting in streamlined
permitting for taxis, more consistent enforcement, better customer service,
improved access to the taxi market, and would eliminate local government
redundancy related to taxi licensing. It was recommended in the study that
Monterey-Salinas Transit (MST) should administer the RTA.

Overall Cost:
City Funds: A one-time contribution of $2,600. Permit fees collected from
drivers will fund the Authority’s administrative costs and should be cost
neutral over time.

Staff Recommendation:
Staff recommends that City Council approve this Resolution to create a Joint Powers Agreement for a Monterey County RTA. Related to this
recommendation is a separate action requesting adoption of a revised taxi
ordinance. The proposed JPA was reviewed and approved in form by the
City Attorney.

Important Considerations:
Member jurisdictions and representatives from MST and the Airport District support establishing an RTA.

Decision Record:
City Council meeting March 3, 2009: Conceptual support to bring a proposed Resolution before Council for consideration.

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 APPROVING A JOINT POWERS AGREEMENT TO ESTABLISH THE MONTEREY COUNTY REGIONAL TAXI AUTHORITY

WHEREAS, the staff of the City of Carmel by the Sea has been coordinating with the Transportation Agency for Monterey County (TAMC) to establish a Regional Taxi Authority in Monterey County and transfer responsibilities for taxi licensing to the new Authority; and;

WHEREAS, the Authority would assume the responsibilities of each jurisdiction for taxi permitting; and

WHEREAS, at the March 3, 2009 meeting of City Council, TAMC made a
presentation on the proposed authority, and the Council authorized TAMC and the City Administrator to return to the Council for approval of necessary implementing documents when ready; and

WHEREAS, the participating jurisdictions recommend approval of a Joint Powers Agreement to form the Authority, which would officially contract with Monterey-Salinas Transit (MST) to administer all of the Authority’s necessary functions.

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

SECTION 1. Approve for the City Manager to sign the Joint Powers Agreement for a Monterey County Regional Taxi Authority.

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

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

SIGNED:

________________________
SUE McCLOUD, MAYOR

ATTEST:

____________________________
Heidi Burch, City Clerk

EXHIBIT “A”
Monterey County Regional
Taxi Authority Joint Powers Agreement
This Monterey County Regional Taxi Authority Joint Powers Agreement (the
“JPA Agreement”) is entered into pursuant to Government Code section 6502 by and among the participants who have executed this JPA Agreement. Participants may be individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
This agreement is based on the following facts and circumstances:
A. Each of the Parties is empowered to regulate the operation of taxi services
within its respective jurisdiction. Eligible Parties to enter into this JPA Agreement shall
be the County of Monterey (“County’), incorporated Cities located in Monterey County
(collectively, the “Cities”), the Monterey Peninsula Airport District (“MPAD”) and
Monterey Salinas Transit (“MST”).
B. Each of the Parties eligible to enter into this JPA Agreement is authorized
to regulate the licensing of taxi operators within its respective jurisdiction. As used in this
JPA Agreement, the “jurisdiction” of MPAD shall refer not to the territorial limits of
MPAD, but rather to land owned by MPAD within the unincorporated portion of the
County of Monterey commonly known as the Monterey Peninsula Airport, including
without limitation the airfield, the terminal and other buildings, the parking areas, Airport
Road, Fred Kane Drive, Skypark Drive, Skypark Way, and the other roadways serving
the airport and its facilities (collectively referred to as the “Airport”).
C. The Parties who execute this JPA Agreement desire to jointly exercise
their common powers to regulate the licensing of taxi operators and operation of taxi
services within their respective jurisdictions.
D. Any reference to MST shall be to the Monterey-Salinas Transit Joint
Powers Agency, or to its successor, the Monterey-Salinas Transit District formed and
operating in accord with the Monterey-Salinas Transit District Act, Section 106000, et
seq., of the Public Utilities Code which provides for dissolution of the Monterey-Salinas
Transit Joint Powers Agency on July 1, 2010, and succession of the Monterey-Salinas
Transit District to all rights, powers, duties, and obligations previously held by that
agency.
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NOW, THEREFORE, the Parties agree:
Section 1.
Parties
Parties to this JPA Agreement are those Parties signatory hereto or signatory in
the future.
Section 2.
Formation of the Monterey County Regional Taxi Authority
Pursuant to the authority of Government Code section 6500, et seq., the Parties
hereby establish the Monterey County Regional Taxi Authority (the “RTA”).
a. Purpose. The purpose of the RTA shall be to jointly exercise the powers of
the Parties to regulate the licensing of taxi operators and the regulation of taxi
services pursuant to the Joint Exercise of Powers Act, Government Code
section 6500, et seq. in accordance with the terms of this JPA Agreement.
b. Separate Agency. The RTA is a public agency separate and distinct from any
of the Parties.
c. Powers. The RTA shall have the following powers:
1. Except as expressly limited by this JPA Agreement, to exercise the powers
of joint powers agencies specified in Government Code section 6508, and
shall enjoy the privileges and immunities set forth in Government Code
section 6513.
2. To indemnify any or all the Parties in the manner described in section 6 of
this JPA Agreement.
3. To issue a permit to operate a taxicab for use in all participating
jurisdictions.
4. To contract with MST for the provision of all administrative, licensing and
inspection services necessary to administer the Regional Taxi Authority
Program, including but not limited to the provision of insurance,
professional investigators, consultants, accountants, attorneys and
transportation experts or other advisors as the RTA Board of Directors
deems necessary and appropriate.
5. Unless otherwise provided in a separate written agreement, the RTA shall
be exclusively liable for any of its debts, liabilities or obligations, which
shall not be the joint or several debts, liabilities or obligations of any of
the Parties.
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6. To issue discounts to senior citizens.
d. Governance. The RTA shall be governed by a Board of Directors. Each
Party’s representative to the MST Board of Directors shall serve on the RTA
Board of Directors, and each Party who is not a member of MST shall
designate an elected official or employee of the Party to serve on the RTA
Board of Directors. The Chief Executive Officer (CEO) of MST shall serve
as the Clerk of the RTA for purposes of maintaining the record of proceedings
and other books and records of the RTA. As Clerk of the RTA, the CEO of
MST shall be the agent for service of process for the RTA.
e. Bylaws. The RTA hereby adopts by reference the bylaws and procedural
policies and rules adopted by and applicable to MST.
f. Taxi Policies. The RTA shall develop policies, rules and regulations
regarding entry into the taxi business, rates for the provision of taxi services
and a program for mandatory controlled substance and alcohol testing which
conforms with California Government Code section 53075.5 (the “RTA
Rules and Regulations”). Each of the Parties will adopt necessary
ordinance(s) to implement the RTA Rules and Regulations within its
respective jurisdiction.
g. Termination; Withdrawal. This JPA Agreement, and the existence of the
RTA, shall be terminated by a two-thirds vote of the Board of Directors at a
duly noticed meeting of the Board of Directors, and by adoption of a
resolution of termination by two-thirds of the governing bodies of the Parties
to this JPA Agreement. A Party may withdraw from this JPA Agreement by
giving ninety (90) days written notice to the Board of Directors following the
adoption of a resolution of the governing body of the Party withdrawing from
the RTA. Any Party that fails to comply with its obligations under this JPA
Agreement shall be deemed to have withdrawn from the RTA which shall be
in addition to any remedies at law or in equity that may be available to enforce
this JPA Agreement against a defaulting Party.
h. Disposition of Assets and Proceeds upon Termination. Upon termination of
this JPA Agreement, the property of the RTA shall be disposed, divided and
distributed to the member Parties at the time of termination in proportion to
their contributions made to the RTA.
Section 3.
Appointment, Powers and Duties of the Treasurer
The finance officer or administrative services manager of MST, or other MST
employee designated by the MST CEO, is hereby appointed as an officer of the RTA to
act as Treasurer pursuant to this JPA Agreement. The Treasurer shall perform the duties
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set forth in California Government Code sections 6505.5, 6505 and any successor statutes
as well as any powers or duties conferred or imposed by the Board of Directors of the
RTA.
Section 4.
Administrative Costs
No Party to this JPA Agreement shall be required to contribute any amounts to
cover the regular and continuing administrative costs of the RTA, except as may be
authorized by the unanimous vote of all Parties. It is the intent of the Parties to establish
and collect fees from taxi operators which are sufficient to cover the administrative costs
of the RTA, the premium cost for any liability insurance coverage carried for the benefit
of the RTA and the cost of services to be provided by MST to the RTA. Notwithstanding
the foregoing, the RTA may request Parties to pay pro-rata costs relating to formation of
the RTA, and to meet cash flow requirements during the period for which taxi fees may
not fully cover start-up costs. It is the intent of the Parties to recoup these costs from taxi
fees and rebate, in full, all funds advanced to the RTA by the Parties to the Parties.
Section 5.
Amendments
This JPA Agreement may be amended at any time by a written amendment
approved by a unanimous vote of all of the members of the RTA Board of Directors.
Section 6.
Indemnification
The RTA shall indemnify, defend and hold each of the Parties harmless from any
claim, action or damages based upon the licensing of taxi operators and regulation of taxi
operations by the RTA. Unless otherwise provided in a separate written agreement, the
RTA shall be exclusively liable for any of its debts, liabilities or obligations, which shall
not be the joint or several debts, liabilities or obligations of any of the Parties. It is
expressly agreed by all Parties that, in contemplation of sections 895.6 and 6508.1 of the
Government Code respecting the right of contribution of public entities that are parties to
a joint powers agreement, no Party shall be jointly or severally liable upon any judgment
for damages caused by a negligent or wrongful act or omission to act occurring in the
performance of this JPA Agreement, which judgment is rendered or imposed upon any
one of the Parties, unless the Party shall have authorized or consented to the act or
omission to act by an appropriately adopted resolution.
Section 7.
Interpretation of JPA Agreement
Nothing in this JPA Agreement shall be construed to hold any Party liable to any
other Party, or any person not a party hereto, for the licensing of taxi operators or
regulation of taxi operations. This JPA Agreement is designed to implement the
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-5-
subvention or disbursement of public funds from one public agency to another and
accordingly is not an agreement as defined in Government Code Section 895.
Section 8.
Manner of Exercise of Powers
The powers of this JPA Agreement shall be exercised subject to the restrictions
upon the manner of exercising of such powers as provided in Section 6509 of the
Government Code.
Section 9.
Sole Agreement
This JPA Agreement is the sole agreement on the subject matters of this JPA
Agreement between the Parties.
Section 10.
CEQA Lead Agency Designation
The Parties agree that for purposes of compliance with the California
Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et. seq.,
for the environmental review of any Regulations adopted by the RTA, that the RTA shall
be the lead agency.
Section 11.
Counterpart Signatures
This JPA Agreement may be signed in counterparts with the signature pages
attached to form a complete document.
APPROVED BY:
[JURISDICTION]
By:_____________________________
Its:_____________________________
[JURISDICTION]
By:_____________________________
Its:_____________________________
[JURISDICTION]
By:_____________________________
Its:_____________________________

CITY COUNCIL: Resolution Approving City's Participation in California Energy Commission's State Energy Grants Program

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving the City’s participation in the California Energy Commission’s State Energy Grants Program.

Description: On November 23, 2009, the City sent a letter of commitment to the California Energy Commission confirming its participation in Sacramento County’s grant application for the California FIRST program, a property assessed clean energy program sponsored by the California Statewide Communities Development Authority. Sacramento County will serve as the lead agency in submitting the application on behalf of the City to provide funding in program financing costs and administering and coordinating the grant.

The grant coordinator has requested that this letter of commitment be formalized through a resolution from each participating body by March 1, 2010.

Overall Cost:
City Funds: None

Staff Recommendation: Adopt the Resolution.

Important Considerations: Participation in this grant program will help create lasting market and behavioral changes resulting in increased adoption of distributed generation renewable energy sources and energy efficiency improvements for property owners in the City.

Decision Record: None.

Reviewed:

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 APPROVING ITS PARTICIPATION IN THE CALIFORNIA ENERGY COMMISSION’S STATE ENERGY GRANTS PROGRAM

WHEREAS, the City of Carmel-by-the-Sea recognizes that it is in the interest of the regional, state, and national economy to stimulate the economy; create and retain jobs; reduce fossil fuel emissions; and reduce total energy usage and improve energy efficiency within our jurisdiction; and

WHEREAS, State Energy Program (SEP) funds are available through the California Energy Commission’s SEP for grants to eligible local governments for energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by the American Recovery and Reinvestment Act of 2009 (“ARRA”); and

WHEREAS, SEP allows for cities, counties, or groups of cities and counties in California to apply for SEP funds on behalf of eligible local governments; and

WHEREAS, the City of Carmel-by-the-Sea is eligible for SEP funding under the California Energy Commission’s SEP; and

WHEREAS, the City of Carmel-by-the-Sea is proposing to collaborate with
Sacramento County to implement a program for financing the energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA, which program is described in Exhibit “A” for the purpose of qualifying for SEP funds from the California Energy Commission; and

WHEREAS, the City of Carmel-by-the-Sea has considered the application of the California Environmental Quality Act (CEQA) to the approval of the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit “A”; and

NOW, THEREFORE, BE IT RESOLVED, that in compliance with the CEQA, the City of Carmel-by-the-Sea finds that the approval of the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit “A” is not a “project” under CEQA, because the program 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)).

Be it also resolved, that the City of Carmel-by-the-Sea authorizes Sacramento County to submit a collaborative application on its behalf to the California Energy Commission for up to $16.5 million in SEP funds for the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit “A”.

Be it also resolved, if recommended for funding by the California Energy
Commission, the City of Carmel-by-the-Sea authorizes Sacramento County to accept a grant award on its behalf and to enter into all necessary contracts and agreements, and amendments thereto, on its behalf to implement and carry out the program for financing the project/s described in Exhibit “A”.

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

Exhibit “A”
California Energy Commission State Energy Program
CaliforniaFIRST Collaborative Proposal
Summary of Proposal Scope & Budget Framework
Description of Program Proposal

Under the lead applicant, Sacramento County, the 14 counties eligible to participate in the pilot stage of the CaliforniaFIRST Program are collaborating on a proposal to the California Energy Commission State
Energy Program for a grant of up to $16.5 million. The grant funds will be used to offset initial fees associated with bond issuance, start-up costs for the 14 counties and all incorporated cities, an interest rate buy down, local marketing/education/training/outreach, local coordination, and grant administration to support the launch of the CaliforniaFIRST municipal financing program.

CaliforniaFIRST Program County Participants and Proposal Collaborators
􀀹 Alameda 􀀹 Sacramento 􀀹 San Mateo 􀀹 Ventura
􀀹 Fresno 􀀹 San Benito 􀀹 Santa Clara 􀀹 Yolo
􀀹 Kern 􀀹 San Diego 􀀹 Santa Cruz
􀀹 Monterey 􀀹 San Luis Obispo 􀀹 Solano

Budget Basics
1. CaliforniaFIRST financing costs and fees (~$6M)
Guided by California Communities and the CaliforniaFIRST Program Administrator Renewable Funding, this program element will:
• buy-down the interest rate on the initial round(s) of projects financed by the CaliforniaFIRST Program,
• cover fixed costs associated with initial bond counsel, bond disclosure, fiscal agent and bond rating,
• cover legal and validation costs, and
• cover the deployment of technology (web portal) to support local programs.

2. Grant/Contract Administration & Steering Committee Liaison: (~$2.0M)
On behalf of the applicant agency, grant/contractor administration duties include gathering relevant reporting information from all partner jurisdictions and CaliforniaFIRST, financial oversight and invoicing, contract administration, tracking, monitoring, and oversight of deliverables. In addition, the grant administrator will serve as the partner liaison between all participating steering committees to maintain coordination and consistency on the local marketing efforts between parties as well as provide marketing and contract technical assistance, training, and advice to participating agencies. The Grant Administrator will also coordinate local efforts with those programs funded under the California Comprehensive Residential Building Retrofit Program.

3. Regional Program Coordination & Marketing: (~$8.5M)
In line with the overall project goals, funding has been budgeted on a regional basis to each of the six primary program regions in the following amounts, based on total number of Counties:
• Capitol Region (Sacramento/Yolo): $1,600,000
• Central Valley Region (Fresno/Kern): $1,150,000
• Bay Area Region: (Alameda/San Mateo/Santa Clara/Solano): $2,300,000
• North Central Coast Region: (Monterey/Santa Cruz/San Benito): $1,725,000
• South Central Coast Region: (Ventura/San Luis Obispo): $1,150,000
• Southern California Region: (San Diego): $575,000
This final program element serves to provide each region with the resources necessary to help facilitate the rapid adoption of energy efficiency and renewable energy generation system installations throughout
the target area by connecting property owners to any and all available on-the-ground or proposed resources, and services, providing a streamlined framework for easy navigation, reduced out-of-pocket expenses, and overall increased cost effectiveness for both participants and the program overall. The focus of the program will be to create region-wide (or county-wide, where appropriate) cooperative project design, implementation, marketing, and coordination to maximize economies of scale, take advantage of overlapping markets, and ultimately allow each dollar to go further to benefit all parties.

Financing Costs and Fees
A. Financing Costs
As Program Administrator of the California Communities CaliforniaFIRST Program, Renewable Funding will coordinate and provide program administration, financing, and legal services to support a robust statewide municipal financing program. Specific financing costs are concentrated at the start of the program and result in increased fees to a program participant, and therefore a higher effective interest rate. In order to lower the interest rate, the SEP funds will be used to cover bond disclosure counsel, bond rating fees, and a bond fiscal agent. In addition, a direct interest rate buy-down will be employed to achieve a bond rate that is equivalent to an A-rated bond, which is likely to be the bond rating later in the program.
B. Set-up Fees

A funding request equivalent to the city and county set-up fees will be included in the proposal. The costs for initial legal work and validation proceedings will be covered by this request. Additionally, the costs of establishing county web portals, importing local assessor’s data, and maintaining the website will be part of this funding request.

Suggested Major Marketing Program Coordination & Marketing Program Elements
A. Agency Coordination / Steering Committee Participation
In recognition of the additional coordination time required to get new programs off the ground, individual counties may elect to include a modest amount of staff time for agency representatives to participate in the program steering committee and other activities to drive marketing program design, educational/marketing material development, form and protocol development, etc. By investing this time at the onset, we are able to develop a self-sustaining program for the long term. County agencies (that is, auditor/tax collector/controller) will receive a small percentage, incorporated into each loan, to cover regular ongoing program administration costs associated with maintaining the tax roll and collecting annual assessments in years beyond the grant term. Some jurisdictions may instead wish to contribute this time as project leveraged funds/resources to increase overall program cost effectiveness based on their individual needs and resources. Regional partnership may also elect to use a portion of the resources from this program element toward informal or formalized staff/personnel training within their
jurisdictions.

B. Education / Outreach/ Marketing
Successful program adoption requires thoughtful design, convenient procedures, and a robust program education component to encourage and energize program participation. Achieving this goal, the project team will create clear, consistent, and thematic program branding imagery, educational and recruitment tools such as program brochures. The program will be supported by the CaliforniaFIRST web portal and links to new and existing partner and complementary websites, frequently asked questions, applications, and/or other program materials. In addition, the project will engage a wide-stretching network of partners to promote, recruit, and disseminate program information utilizing existing mechanisms of door-to-door outreach, community event tabling, workshops and presentations, or other appropriate energy efficiency and complementary program participation activities. Major elements might include:
􀀹 Outreach Promotional Materials: Brochures, Door-hangers, Postcard Mailers, Bill Inserts, etc.
􀀹 Program Marketing Advertisements: Print Ads, Radio/TV Ads, PSA Production
􀀹 Promotional Outreach Events, Trade Shows or Community Workshops
􀀹 Homeowner/Business/Contractor/Staff Training Seminars
􀀹 Sustainability Site Signage
􀀹 Green Building and/or LEED Certification Technical Assistance

C. Community Coordinator / Partner Liaison / Supplies
The community coordinator is envisioned to serve as the single point regional program coordinator to unify, inform, collaborate, and engage all program parties in relation to local coordination and marketing efforts; respond to public inquiries; facilitate the education, outreach, marketing, recruitment; and promote program adoption by the target community. In addition the coordinator is responsible for coordinating with the grant administrator, tracking/reporting necessary progress and metrics, meeting/exceeding grant milestones and targets, incorporating required complementary program components, and working with CaliforniaFIRST to assure QA/QC measures are applied to all participating properties. Specific tasks will be driven by the overall project goals as well as the specific needs of each region and may include:
􀀹 Coordination with Grant Administrator/Steering Committee Liaison
􀀹 Marketing Coordination with CaliforniaFIRST Municipal Finance District
􀀹 Facilitation of local Regional Steering Committee Members and Partners
􀀹 Assist with Implementation Strategy, Documents, Procedures & Protocols Development
􀀹 Guide Promotion, Marketing, Education, Recruitment & Program Information Dissemination
􀀹 Link Program Participants to Regional Energy Efficiency & Complementary Programs
􀀹 Connect to Concurrent Complementary Workforce Development Training/Graduates
􀀹 Administer Regional Program Budget, Competitive Bidding, Other Program Transparency Reqs
􀀹 Track and/or compile, Monitor & Evaluate Program Progress, Energy Savings, GHG Reductions
Achieved, Partner Leveraged Funds and Ancillary Environmental Benefits
Sample County Budget
A sample budget based on the above framework is provided below. Please note that these amounts are subject to change based on the actual needs of each participating jurisdiction as well as feedback obtained
regarding funder and partner thresholds for competitiveness.
Component
Gross Benefit
Per County
Net Benefit
Per County
1.CaliforniaFIRST Costs & Fees $ 428,571.00 -

2. Grant Administration & Technical Assistance $ 142,857.00 -

3A.Steering Advisory Committee $ 115,000.00 $ 115,000.00

3B. Education, Outreach, Incentives, Marketing $ 258,750.00 $ 258,750.00

3C. Community Coordination $ 201,250.00 $ 201,250.00

Total $ 1,110,714.29 $ 575,000.00

Grant Development Team:
• County of Sacramento—Lead Agency (Applicant), will oversee grant writing, provide final edits and required signatures, and submit finalized proposal on behalf of entire collaborative team based on the approved proposed program scope and budget framework
• Ecology Action—Partner Grant Writer (Lead on Marketing), will develop narrative based on proposed program scope and budget framework, especially as it pertains to local coordination and marketing project administration, marketing/contract technical assistance, regional coordination, and
marketing, to meet all grant requirements and maximize proposal competiveness.
• Renewable Funding—Partner Grant Writer (Lead on Finance), will develop narrative based on proposed program scope and budget framework, especially for CaliforniaFIRST Program financerelated program elements, to meet all grant requirements and maximize proposal competiveness.

CITY COUNCIL: Resolution Approving Regular Meeting Schedule of City Council for 2010

Meeting Date: December 1, 2009
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2010.

Description: Adoption of the Resolution will establish the meeting dates of the City Council Regular Meetings in 2010. Special Meetings are not included.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: The Resolution is in accordance with Municipal Code Section 2.04.020, which directs the Mayor and Mayor Pro Tempore to place on the December agenda the City Council’s calendar of meetings for the upcoming year.

Decision Record: Yearly in December.

Reviewed by:

_____________________________ __________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE MEETING DATES OF THE CITY COUNCIL FOR THE CALENDAR YEAR 2010
________________________________________________________________________
WHEREAS, Section 2.04.020 of the Municipal Code directs the Mayor and Mayor Pro Tempore to place on the December agenda the City Council’s calendar of meetings for the coming year;

WHEREAS, the Mayor and Mayor Pro Tempore have submitted the proposed meeting dates, attached hereto as Exhibit “A.”

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

1. To accept the calendar of City Council meetings for calendar year 2010 as attached hereto as Exhibit “A.”

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 1st day of December 2009, 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”
2010 Calendar of City Council Meetings
Month Tour of Inspection Regular Meeting
January 4 5
February 1 2
March 1 2
April 5 6
May 3 4
June* 7 8
July* 12 13
August 2 3
September * 13 14
October 4 5
November 1 2
December 6 7
* meetings moved to the second Tuesday because of Memorial Day, 4th of July, and Labor Day holidays.

CITY COUNCIL: Resolution Adopting Findings for City's Landscape Ordinance

Meeting Date: 1 December 2009
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting findings that the City’s Landscape Ordinance is at least as effective at conserving water as the Department of Water Resources’ (DWR) Updated Model Water Efficient Landscape Ordinance (UMWELO).

Description: The Water Conservation in Landscaping Act of 2006 requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010. This Act requires jurisdictions to either adopt the UMWELO or adopt findings that their own ordinance is at least as efficient as the UMWELO at conserving water. The attached findings demonstrate that the City’s ordinance meets state standards.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: The UMWELO does not apply to landscape areas less than 2,500 square feet in size for public or private developer projects and less than 5,000 square feet for homeowner projects. Because of Carmel’s small lot sizes, the vast majority of sites would be exempt from the landscape standards. The City’s ordinance applies to all sites,
however, regardless of size and requires 75% of new landscaping to be drought tolerant.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 1 DECEMBER 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING FINDINGS THAT THE CITY’S LANDSCAPE ORDINANCE IS AT LEAST AS EFFECTIVE AT CONSERVING WATER AS THE DEPARTMENT OF WATER RESOURCES’ (DWR) UPDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (UMWELO).

INTRODUCTION & BACKGROUND
The Water Conservation in Landscaping Act of 2006 requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010. The Act requires jurisdictions to either adopt the attached Updated Model Water Efficient Landscape Ordinance (UMWELO), as prepared by the Department of Water Resources (DWR), or its own ordinance that is at least as effective at conserving water. State law indicates that if communities do not adopt its own ordinance, the UMWELO will automatically apply.

As part of the Local Coastal Program, the City adopted a citywide landscape ordinance in 2004. The ordinance is simple, user friendly and effective at conserving water. Some of the requirements include:

• All new landscaping on private property must be 75% native/drought tolerant plants.
• All plantings in the public rights-of-way must be native/drought tolerant.
• All irrigation systems must use low-output sprinkler heads and/or drip
irrigation.

By contrast, the UMWELO is complicated. The UMWELO, however, does not apply in at least three situations:
1) For public projects or private developer projects that include landscape areas less than 2,500 square feet.

2) For homeowner projects with landscape areas less than 5,000 square
feet; and

3) For landscape projects associated with historic resources.

If the City were required to adopt the UMWELO in place of its current ordinance, very little water would be conserved because very few projects would meet the minimum 2,500- to 5,000-square-foot landscape area requirements.

Staff has drafted the attached findings that indicate that the City’s landscape ordinance is at least as effective as the UMWELO.

RECOMMENDATION
Adopt the attached Resolution.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING FINDINGS AND EVIDENCE THAT THE CITY’S LANDSCAPE ORDINANCE IS AT LEAST AS EFFECTIVE AT CONSERVING WATER AS THE DEPARTMENT OF WATER RESOURCES’ UPDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCE

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its village character and environmental resources; and

WHEREAS, the City recognizes the significant water constraints of the Monterey Peninsula and the State as a whole; and

WHEREAS, the City has been an excellent example of water conservation and water use efficiency; and

WHEREAS, the Water Conservation in Landscaping Act of 2006 requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010; and

WHEREAS, in 2004, the City adopted a Landscape Ordinance and Design Guidelines establishing landscape requirements as part of its Local Coastal Program; and

WHEREAS, the City’s requirements were certified by the California Coastal Commission; and

WHEREAS, the City’s landscape ordinance is at least as efficient at conserving water as the Department of Water Resources updated Model Water Efficient Landscape Ordinance.

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

1. Adopt the attached findings (Exhibit “A”).

2. Forward the findings to the Department of Water Resources.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of December 2009 by the following roll call vote:

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

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_______________________
Heidi Burch, City Clerk

Exhibit “A”
CITY COUNCIL OF CARMEL-BY-THE-SEA
FINDINGS FOR DECISION
WATER EFFICIENT LANDSCAPE ORDINANCE

FINDINGS OF FACT:
1. Assembly Bill 1881 was adopted by the State of California in 2006 and is known as the Water Conservation in Landscaping Act of 2006 (WCLA).

2. The WCLA requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010.

3. The Department of Water Resources (DWR) has prepared an updated Model Water Efficient Landscape Ordinance (UMWELO) for use by local governments.

4. Each local agency has until January 1, 2010 to adopt DWR’s UMWELO or its local water efficient landscape ordinance. If a local agency has not adopted its own ordinance on or before January 1, 2010, the UMWELO shall apply within the jurisdiction as of that date.

5. The City of Carmel-by-the-Sea adopted a landscape ordinance and landscape guidelines as part of its Local Coastal Program, which was certified by the California Coastal Commission in 2004.

6. The City’s ordinance conserves water by requiring all new landscaping to be 75% native/drought tolerant plants.

7. The ordinance conserves water by requiring all plantings in the public rights-of-way to be native/drought tolerant.

8. The ordinance conserves water by requiring irrigation systems to use low-output sprinkler heads and/or drip irrigation.

9. The City’s General Plan contains goals, objectives and policies regarding water resources and water conservation.

10. The City of Carmel-by-the-Sea incorporates a full-time City Forester to maintain and enforce the City’s landscape requirements.

FINDINGS FOR DECISION:
1. The City’s landscape ordinance applies to all sites within the City regardless of size, whereas the UMWELO only applies to sites with landscape areas of 2,500 square feet or more for public or private developer projects and 5,000 square feet or more for homeowner projects. If the UMWELO were applied in the City, very little water savings would occur because very few sites would meet the minimum 2,500 to 5,000 square foot landscape area requirements.

Evidence:
Carmel-by-the-Sea Municipal Code Chapter 17.34
UMWELO

2. The Single-Family Residential (R-1) District comprises approximately 55 percent of the total land area of the City. The vast majority of these sites are developed as 4,000 square foot lots of record. The City’s municipal code allows a floor area ratio of 45% and additional site coverage of 13%, or total ground coverage of approximately 58%. The remaining 42% is available for landscaping. On a standard 4,000 square foot lot, approximately 1680 square feet is available for landscaping. The vast majority of residential lots in the City would therefore be exempt from the UMWELO. In contrast, all sites are required to meet the City’s current landscape ordinance requirements. This demonstrates that the City’s ordinance will be at least as efficient as the UMWELO.

Evidence:
Carmel-by-the-Sea General Plan
Carmel-by-the-Sea Municipal Code Chapter 17.10
Carmel-by-the-Sea subdivision patterns
UMWELO

3. The commercial districts comprise approximately six percent of the total land area in the City. The vast majority of these sites are developed as lots of between 2000 and 4000 square feet. The municipal code allows for total building coverage of between 70 to 95%.

This leaves between 5 to 30% for landscaping. Again, the UMWELO would not apply to the vast majority of commercial sites because few if any would meet the minimum squarefoot landscape area requirements. In contrast, all sites are required to meet the City’s current landscape ordinance requirements. This demonstrates that the City’s ordinance will be at least as efficient as the UMWELO.

Evidence:
Carmel-by-the-Sea General Plan
Carmel-by-the-Sea Municipal Code Chapter 17.14
Carmel-by-the-Sea subdivision patterns
UMWELO

4. Parkland, roads, rights-of-way and other parks/opens space account for the remaining land area in the City. The majority of the park area in the City is natural open space such as Carmel Beach and Mission Trails Nature Preserve, which require little or not landscape irrigation. All plantings in the City’s rights-of-way are required to be native/drought tolerant.

Evidence:
Carmel-by-the-Sea General Plan
Carmel-by-the-Sea Municipal Code Chapter 17.34

5. The City of Carmel has an historic inventory that includes approximately 300 properties.

The UMWELO does not apply to historic sites. In contrast, the City’s landscape requirements do apply to historical sites. This demonstrates that the City’s ordinance will be at least as efficient as the UMWELO.

Evidence:
Carmel-by-the-Sea Municipal Code Chapter 17.34
Carmel-by-the-Sea Inventory of Historic Resources
UMWELO

DECISION:
The City of Carmel-by-the Sea’s landscape ordinance is at least as efficient at conserving water as the UMWELO. Therefore, there is no need to adopt the UMWELO.

CITY COUNCIL: Resolution for Agreement with Pacific Grove to Provide Part-Time Traffic Enforcement Services

Meeting Date: November 3, 2009
Prepared by: George Rawson, Public Safety Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City Administrator to enter into an agreement with the City of Pacific Grove to provide part-time traffic enforcement services.

Description: The Pacific Grove Police Department is experiencing a staffing shortage and has asked the City of Carmel-by-the-Sea to temporarily assist with its traffic enforcement.

Pacific Grove is in the process of recruiting new officers, but since this may take several months, they need help now. Pacific Grove expects that Carmel’s assistance will be needed for less than one year.

The City of Carmel-by-the-Sea would provide, as reasonably possible, a traffic (motor) enforcement officer for 20 hours per week. All costs borne by Carmel would be reimbursed by Pacific Grove, pursuant to the Services Agreement referenced and contained in the Staff Report, attached as Exhibit “A.”

Overall Cost:
City Funds: Net cost to city is zero. The potential revenue is $67,000, as specified in Exhibit “A”.

Staff Recommendation: Adopt the Resolution authorizing the City Manager to enter into an agreement with the City of Pacific Grove to provide part-time traffic enforcement services.

Important Considerations: The Carmel-by-the-Sea Police Department would have first right of refusal to provide this assistance, subject to scheduling conflicts and the needs of our own city.

Decision Record: None

Reviewed by:

_________________________________ ______________________
Rich Guillen, City Administrator Date

TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
DATE: NOVEMBER 3, 2009
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF PACIFIC GROVE TO PROVIDE PART-TIME TRAFFIC ENFORCEMENT SERVICES
__________________________________________________________________
I. RECOMMENDED MOTION:
Adopt the Resolution.

II. BACKGROUND:
The Pacific Grove Police Department has a temporary shortage of police officers, and has asked Carmel-by-the-Sea to provide a part-time motor officer to help with traffic enforcement in their city.

The Pacific Grove Police Department has several candidates undergoing background checks, but it will take several months before these candidates can be hired, trained, and released for solo duty. During this period of low staffing in Pacific Grove, the Carmel Police Department is willing to loan one traffic officer for 20 hours per week. The costs
associated with sharing a motor officer were calculated and agreed upon for payment by Pacific Grove. A copy of the Services Agreement is contained at the end of the Pacific Grove Staff Report, attached as Exhibit “A.” The agreement contains the details related to scope of services, compensation, administration, and release of liability. The Pacific Grove City Council will discuss and take action regarding this agreement at its November 4, 2009 meeting date.

III. STAFF REVIEW:
The Carmel Police Department is fully staffed and is willing to share a part-time motor officer on an interim basis with Pacific Grove. The Public Safety Director will administer all provisions contained within the Services Agreement, including the preparation of monthly reports and coordination of invoices by the Administrative Services Director.

The hourly cost to provide services to Pacific Grove was calculated to include: salary; benefits; motorcycle mileage costs; and administrative overhead. The total costs for this interim agreement will not exceed $67,000.

The capacity of the Carmel Police Department to assist Pacific Grove is, of course, contingent on its own staffing needs. The proposed agreement grants the Public Safety Director first right of refusal, based on his determination of Carmel’s public safety needs and priorities.

IV. FISCAL IMPACT:
Net zero cost to the city. The revenue potential is an amount up to $67,000.

V. SUMMARY:
The Pacific Grove and Carmel Police departments believe it is important to work jointly to solve problems and to support each other’s public safety needs. This is a unique opportunity for the Carmel and Pacific Grove departments to work together for the betterment of their agencies and the communities they serve.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF PACIFIC GROVE TO PROVIDE PART-TIME TRAFFIC ENFORCEMENT SERVICES
_______________________________________________________________
WHEREAS, Pacific Grove desires to contract with the City of Carmel-by-the-Sea to provide law enforcement services in the City of Pacific Grove as defined in the Services Agreement scope of work, attached as Exhibit “A”; and

WHEREAS, the City of Carmel-by-the-Sea desires to contract with the City of Pacific Grove to provide law enforcement services as specified above; and

WHEREAS, said services will be provided by a uniformed traffic (motor) officer, motorcycle, and related equipment to provide law enforcement services, including but not limited to, monitoring and enforcing state and local traffic regulations, investigating traffic accidents, preparing traffic investigation reports both criminal and civil, and conducting general law enforcement services.

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

1. Authorize the City Administrator to sign the Services Agreement, as specified in Exhibit “A” attached hereto.

2. Authorize the Administrative Services Director to receive funds as invoiced to Pacific Grove and deposit said funds in Account 01-36526.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
this 3rd day of November 2009 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 OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950

AGENDA REPORT
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: POLICE CHIEF DARIUS ENGLES
MEETING DATE: OCTOBER 21, 2009
SUBJECT:
CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF CARMEL-BY-THE-SEA TO CONTRACT FOR PART-TIME TRAFFIC ENFORCEMENT SERVICES CEQA: DOES NOT CONSTITUTE A “PROJECT” PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES

RECOMMENDATION
Authorize the City Manager to enter into the contact with the City of Carmel-By-The-Sea to contract for shared traffic enforcement police services.

DISCUSSION
Over the past several years the Pacific Grove Police Department has had difficulty maintaining the full allotment of police officer positions. The Department was recently reduced in allocated positions from 23 to 22; only 19 of the positions are currently filled and there is a strong possibility that other officers will leave the department in the near future. The Department has retained strong recruiting efforts and currently has three candidates in the background process.

The recruiting and training process, however, requires an extended period; with training constraints it sometimes takes up to a year to get an officer on board.

To help remedy the shortage of police officers, the Pacific Grove Police Department and the Carmel Police Department have agreed to share a police officer. We propose to share the services of Carmel’s Motorcycle Police Officer (Motor Officer), who would work approximately 20 hours per week in each jurisdiction. The Motor Officer will work a flexible day shift and will concentrate on the much needed area of traffic enforcement.

Because of previous personnel reductions in the Pacific Grove Police Department, we have not fielded a Motor Officer in almost five years. The Motor Officer is assigned to the traffic concerns of the city, and generally cannot be taken away from the responsibilities of other types
of calls for service. In the 2004 Citizen Survey, the citizens of Pacific Grove stated that traffic issues were their top concern. While the patrol officers may be diligent in traffic enforcement, it is preferable to have a designated traffic officer.

Studies have shown that departments that have a highly visible and effective traffic enforcement program leads to a lower crime rate and that effective traffic enforcement can lead to the
discovery and solving of crimes. This contact will allow the Pacific Grove Police Department to immediately fill the gap while the department remains diligent in filling its allocated positions.

FISCAL IMPACT
Not to exceed $67,000 within the next 12 months (20 hours per week @ 69.75 per hour for 48
weeks). This fiscal impact is within the Police Department’s budget for FY 2009/2010.
ATTACHMENTS
• Resolution
• “Agreement for Services” contract between The City of Pacific Grove and The City of
Carmel-By-The-Sea
RESPECTFULLY SUBMITTED: REVIEWED BY:
_____________________________ ________________________________
Darius Engles Thomas Frutchey
CHIEF OF POLICE CITY MANAGER
194
RESOLUTION NO. 09-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE
CITY OF PACIFIC GROVE AND THE CITY OF CARMEL-BY-THE-SEA FOR
PART-TIME TRAFFIC ENFORCEMENT SERVICES
WHEREAS, CARMEL-BY-THE-SEA (hereinafter referred to as “Carmel”) desires to contract
with PACIFIC GROVE a part-time uniformed traffic officer, motorcycle, and equipment to provide law
enforcement services including but not limited to, monitoring and enforcing state and local traffic
regulations, investigating traffic accidents, preparing traffic investigation reports both criminal and civil,
and conducting general law enforcement services.
WHEREAS, PACIFIC GROVE desires to contract with CARMEL to provide law enforcement
services in the City of Pacific Grove as defined above and in the Scope of Services, attached hereto as
Exhibit “A, and incorporated by reference.
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully
herein.
SECTION 2. The Agreement entitled “Agreement for Services” between the City of Pacific Grove and the
City of Carmel hereby is approved and the City Manager is authorized and directed to sign the Agreement
for the City, attached hereto.
SECTION 3. This resolution shall become effective immediately following the passage and adoption
hereof.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE THIS ____ day
of ____________, 2009, by the following vote:
AYES:
NOES:
ABSENT: APPROVED:
____________________________
ATTEST: CARMELITA GARCIA, Mayor
:
___________________________________
JAMES L. BECKLENBERG, City Clerk
APPROVED AS TO FORM:
_________________________________
DAVID C. LAREDO, City Attorney
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AGREEMENT FOR SERVICES
THIS AGREEMENT is entered into on this ____ day of
__________, 2009, by and between the CITY OF CARMEL-BY-THE-SEA,
a municipal corporation, (hereinafter referred to as ("CARMEL")
and the CITY OF PACIFIC GROVE, a municipal corporation
(hereinafter referred to as "PACIFIC GROVE").
W I T N E S S E T H
WHEREAS, CARMEL desires to contract with PACIFIC GROVE a
part-time uniformed traffic officer, motorcycle, and equipment
to provide law enforcement services including but not limited
to, monitoring and enforcing state and local traffic
regulations, investigating traffic accidents, preparing traffic
investigation reports both criminal and civil, and conducting
general law enforcement services.
WHEREAS, PACIFIC GROVE desires to contract with CARMEL to
provide law enforcement services in the City of Pacific Grove as
defined above and in the Scope of Services, attached hereto as
Exhibit “A, and incorporated by reference.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. TERM
The term of this Agreement shall be for one (1) year from
_________________ (hereinafter ”Commencement Date“) through and
including _____________________.
2. SCOPE OF SERVICES
A. CARMEL shall contract employee Corporal Steve Rana on
an hourly basis for the purposes of providing law enforcement
services as defined in Exhibit “A”, attached hereto and
incorporated by reference.
B. PACIFIC GROVE shall notify CARMEL at least two (2)
weeks in advance of any schedule modifications.
C. CARMEL has the right of first refusal due to
scheduling conflicts to cover shifts.
3. COMPENSATION/SERVICE RATES
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A. PACIFIC GROVE agrees to pay CARMEL a normal billing
rate of SIXTY NINE AND 75/100 DOLLARS ($69.75) per hour not to
exceed twenty (20) hours per work week, and 52/100 cents ($0.52)
per mile while Corporal Rana is working under this Agreement for
PACIFIC GROVE. The mileage rate will commence within the City
limits of Pacific Grove.
B. In addition to the first billing rate for twenty (20)
hours as set forth above, PACIFIC GROVE agrees to pay CARMEL an
Overtime Rate at SIXTY SEVEN AND 80/100 DOLLARS ($67.80) per
hour (above 20 hrs), for services related to this Agreement
including but not limited to court time and Holidays. The
Holidays subject to this special rate are: New Years Day, Martin
Luther King Day, Lincoln’s Birthday, Presidents Day, Memorial
Day, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day,
Post Thanksgiving Day, Christmas Eve, and Christmas Day. Court
time applies to cases representing PACIFIC GROVE enforcement
action.
C. CARMEL shall submit billing invoices to PACIFIC GROVE
bi-weekly following completion of such services and payment
shall be due upon receipt by PACIFIC GROVE of CARMEL’s billing.
PACIFIC GROVE shall review and approve CARMEL’s billing under
this agreement.
D. If any invoice remains delinquent for a period in
excess of thirty (30) days, then, PACIFIC GROVE shall pay to
CARMEL interest on any invoice that is not paid when due at the
maximum interest rate permitted by law from the thirtieth (30th)
day following the date such amount became due, until paid.
4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Chief of Police of CARMEL or his or her designee
shall have the primary administrative responsibility under this
Agreement, but with the consultation of the Chief of PACIFIC
GROVE or his or her designee.
B. Complaints. The process for receiving citizen
complaints, internal complaints and/or addressing misconduct
shall be as follows:
1) PACIFIC GROVE shall receive and documents forward
to Carmel any and all initial complaints, formal and
informal;
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2) PACIFIC GROVE shall forward all documentation,
including reporting party contact information, to CARMEL
for appropriate action. CARMEL will be the sole custodian
of all records relating to citizen complaints.
3) Minor complaints that are informal in nature may
be initially addressed by PACIFIC GROVE, who should in turn
shall inform CARMEL of the nature of the complaint.
4) CARMEL reserves the right to make final
determination on how the complaint will be administered.
5) CARMEL shall be responsible for the cost of an
Internal Affairs (“IA”) investigation steaming from the
actions of Corporal Rana.
6) The Chief of Police of CARMEL shall inform the
Chief of Police of PACIFIC GROVE the results of any IA
investigation stemming from actions of Corporal Rana.
C. Pitchess Motions. CARMEL shall be responsible, at its
sole cost, for any Pitchess Motion relating to Corporal Rana.
5. WAGES AND SUPERVISION OF CORPORAL RANA
Corporal Rana is an employee of CARMEL. CARMEL shall
deduct from wages, taxes (including, but not limited to federal
and state unemployment taxes, Medicare) and other benefits and
expenses relating to Corporal Rana’s employment and CARMEL’S
current Memorandum Of Understanding (“MOU”). CARMEL shall
provide training but will share the cost of any training or
schools relating to traffic investigation. All training shall
be approved by both parties. Supervision will fall under the
Chief of Police or his designee for each jurisdiction as well as
following respective policy and procedures. Corporal Rana will
provide input regarding the effectiveness of the program.
6. RENEWAL AND SERVICE RATE INCREASE
PACIFIC GROVE agrees that CARMEL shall have an annual right
to increase the service rate provided herein up to FIVE PERCENT
(5%) after the expiration of one (1) year from the Commencement
Date of this Agreement. If the increase is to be more than FIVE
PERCENT (5%) PACIFIC GROVE shall be given at least thirty (30)
days prior written notice, and PACIFIC GROVE may cancel the
unexpired term of this Agreement effective on the date of the
proposed rate increase by notifying CARMEL within ten (10) days
of the date of CARMEL’s rate increase notice.
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7. SUSPENSION/TERMINATION OF AGREEMENT
This Agreement may be terminated with or without cause by
either party upon sixty (60) days written notice delivered as
set forth in this Agreement.
8. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred
by either party hereto without the prior written consent of the
other party.
9. HOLD HARMLESS
A. PACIFIC GROVE agrees to indemnify, defend and save
harmless CARMEL, its respective elected and appointed officials,
officers, agents, and employees, from and against all claims,
losses, actions, damages, expenses and liabilities, including
reasonable acts or omissions, to the extent those acts or
omissions related to the provision of law enforcement services
for PACIFIC GROVE under this Agreement in accord with the Scope
of Services set forth in Exhibit A, attached hereto and
incorporated by reference. PACIFIC GROVE assumes workers
compensation liability for injury or death of its elected and
appointed officials, officers, agents, and employees, and
assumes no worker’s compensation responsibility for the elected
and appointed officials, officers, agents, and employees of
CARMEL.
B. CARMEL agrees to indemnify, defend and save harmless
PACIFIC GROVE, its respective elected and appointed officials,
officers, agents, and employees, for any acts of sole negligence
or willful misconduct by CARMEL, its officers or employees,
excepting actions of Steve Rana when performing services within
the scope set forth in Exhibit A, attached hereto and
incorporated by reference.
C. To this end, both parties shall maintain in force at
all times during the performance of this Agreement a policy of
insurance covering all of its operations (including public
liability and property damage) naming the other party as an
additional insured, with not less than $5,000,000.00 single
limit liability and motor vehicle insurance, covering all motor
vehicles (whether or not owned) used in providing services under
this Agreement with a combined single limit of not less than
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$1,000,000.00. Notice in writing shall be given at least thirty
(30) days in advance of cancellation thereof. Insurance shall
be in a company authorized by law to transact insurance business
in the State of California. In addition, PACIFIC GROVE and
CARMEL agree that PACIFIC GROVE and CARMEL may self-insure
against any loss or damage, which could be covered by a
comprehensive general public liability insurance policy, and may
also obtain coverage through an insurance pool.
D. Policies shall also be endorsed to provide such
insurance as primary insurance and that no insurance of an
additional insured shall be called on to contribute to a loss
covered by insurance. Any insurance required of either party to
this Agreement may be provided by a plan of self-insurance
and/or a public entity risk-sharing agreement at the option of
the party.
10. INSURANCE AND WORKER’S COMPENSATION
CARMEL certifies that it is aware of the provisions of the
Labor Code of the State of California which require every
employer to be insured against liability for workers‘
compensation or to undertake self-insurance in accordance with
the provisions of that Code, and it certifies that it will
comply with such provisions before commencing performance under
this Agreement.
11. NOTICES
A. Any notice to be given to the parties hereunder shall
be addressed as follows (until notice of a different address is
given to the parties):
CITY: City Clerk
City of Carmel-by-the-Sea
P.O. Box CC [Monte Verde between Ocean and
Seventh Avenues]
Carmel-by-the-Sea, CA 93921
With a copy to: Chief of Police
Carmel-by-the-Sea Police Department
P.O. Box 600 [Southeast corner of Junipero
and Fourth Avenues]
Carmel-by-the-Sea, CA 93921
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CITY: City Clerk
City of Pacific Grove
300 Forest Ave
Pacific Grove, CA 93950
With a copy to: Chief of Police
Pacific Grove Police Department
580 Pine Ave.
Pacific Grove, CA 93950
Any and all notices or other communications required or
permitted relative to this Agreement shall be in writing and shall
be deemed duly served and given when personally delivered to either
of the parties, CARMEL or PACIFIC GROVE, to whom it is directed; or
in lieu of such personal service, when deposited in the United
States mail, first class, postage prepaid, addressed to CARMEL or
PACIFIC GROVE at the addresses set forth above.
Either party may change their address for the purpose of
this paragraph by giving written notice of such change to the other
party in the manner provided for in the preceding paragraph.
12. ATTORNEY'S FEES AND COURT VENUE
Should either party to this Agreement bring legal action
against the other, (formal judicial proceeding, mediation or
arbitration), the case shall be handled in Monterey County,
California, and the party prevailing in such action shall be
entitled to a reasonable attorney’s fee which shall be fixed by the
judge, mediator or arbitrator hearing the case and such fee shall be
included in the judgment, together with all costs.
13. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
This document represents the entire and integrated Agreement
between CARMEL and PACIFIC GROVE and supersedes all prior
negotiations, representations and agreements either written or oral.
14. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
California.
15. SEVERABILITY
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If any term of this Agreement is held invalid by a court of
competent jurisdiction the remainder of this Agreement shall remain
in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date first hereinabove written.
CITY OF CARMEL
By: __________________________
Its: __________________________
CITY OF PACIFIC GROVE
By: __________________________
Its: __________________________
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EXHIBIT A
SCOPE OF SERVICES
Under supervision of the Chief of police of PACIFIC
GROVE or his or her designee, monitor and enforce State and
local traffic regulations, investigate traffic accidents,
control traffic flow, and provide general public safety law
enforcement services.
1) Respond to public service calls and
complaints regarding major traffic accidents.
2) With the PACIFIC GROVE Police supervisor’s
approval be available for investigating major
traffic accidents beyond normal duty hours.
3) Maintain high visibility and accessibility to
the public.
4) Enforce State and local traffic regulations.
5) Cite illegally parked vehicles.
6) Monitor the flow of traffic through
selective/preventive enforcement methods.
7) Assist citizens by providing directions and
locations for different services.
8) Respond as a cover to assist other officers
unless the service call is relating to
traffic enforcement or vehicle accidents.
9) Respond anytime to assist the public against
the threat of life.
10) Controls and directs vehicle and pedestrian
traffic at the scene of accidents, public
functions, or at other times when such
control is needed and approved by both
parties.
11) Enforcement Hours Time/Day- Corporal Rana
will perform enforcement duties on days and
times mutually agreed upon between CARMEL and
PACIFIC GROVE. Both parties agree that work
schedules will need to be flexible, and
capable of modification by providing
reasonable advance notice. Corporal Rana
will seek to provide an average of 20 hours
per week, depending on individual parties’
needs and Rana’s availability.
12) Inclement Weather- Enforcement duties may
need to be modified due to weather
conditions. Modifications may include using
−9−
204
DRAFT
a patrol vehicle vs. a motorcycle for
enforcement duties.
13) Court Appearances- PACIFIC GROVE agrees to
pay overtime for court cases relating to
PACIFIC GROVE enforcement actions when
appearances are scheduled during none regular
work hours.
14) Supervision, Operations, and Policy
Compliance- Corporal Rana will be operating
under control of CARMEL policies, but under
the supervision of the PACIFIC GROVE Police
Chief or his or her designee. Any conflicts
regarding policy, procedure, practices will
be mutually addressed by each Police Chief or
their designee. PACIFIC GROVE supervisors
will be responsible for report/citation
review, audits, and related administrative
oversight of Corporal Rana’s work.
15) Communications: Corporal Rana will operate on
PACIFIC GROVE’S radio frequency while
conducting scope of work for PACIFIC GROVE.
Timekeeping: CARMEL and PACIFIC GROVE will mutually
develop a record keeping system that detail, date, day, and
hours worked by Corporal Rana for PACIFIC GROVE

CITY COUNCIL: Resolution for Agreement with Burghardt + Dore Advertising, Inc.

Meeting Date: August 4, 2009
Prepared by: Joyce Giuffre, Admin Svcs Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Burghardt + Doré
Advertising, Inc. for destination marketing services in an amount not to exceed
$128,750 in fiscal year 2009/10.

Description: The City has a contract with Burghardt + Doré for destination marketing services. Jeff Burghardt of Burghardt + Doré has developed a marketing plan for the new fiscal year starting July 1, 2009 (see Exhibit “A”).

The City wishes to continue to contract with Burghardt + Doré for the fiscal period
July 1, 2009 through June 30, 2010, per the attached agreement. The City’s approved
FY 2009/10 budget includes $128,750 for Regional Destination Marketing.

Overall Cost: City Funds: $128,750, to be funded from General Fund Account 01-85200.

Staff Recommendation: Staff recommends Council approve entering into an agreement with Burghardt + Doré Advertising, Inc. to provide destination marketing services, as outlined in Exhibit “A”.

Important Considerations: During FY 2008/09, Jeff Burghardt provided marketing services to the City through his firm, Burghardt+Doré. Prior to that time, he provided marketing services to the City through his previous firm, Anda-Burghardt.

Decision Record: 1) Resolution 2009-22 dated April 7, 2009, approving a destination contract with Burghardt + Doré; 2) Resolution 2008-43, dated July 1, 2008, approving a destination marketing contract with Anda/Burghardt Advertising.

Reviewed by:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH BURGHARDT + DORÉ ADVERTISING, INC. FOR DESTINATION MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $128,750 IN FISCAL YEAR 2009/2010

WHEREAS, the City Council has approved funding for destination marketing services for
Fiscal Year 2009/2010; and

WHEREAS, for its fiscal year 2009/10 marketing plans, the City desires to contract with Burghardt + Doré Advertising, Inc. effective July 1, 2009, for services as outlined in Exhibit “A”;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to execute the Burghardt + Doré Advertising, Inc.
agreement for fiscal year 2009/10 in an amount not to exceed $128,750 for
destination marketing.

2. Authorize payment from the General Fund account 01-85200 for the professional
services rendered.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of August 2009 by the following roll call vote:

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

SIGNED:

ATTEST:
_______________________
SUE McCLOUD, MAYOR
______________________
Heidi Burch, City Clerk

AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 1st day of July
2009, by and between the CITY OF CARMEL-BY-THE-SEA, herein
referred to as the "CITY") and Burghardt+Doré, Jeff Burghardt,
President hereinafter referred to as "CONSULTANT".

W I T N E S S E T H
WHEREAS, the CITY has prepared a Destination Marketing Plan; and

WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in the preparation of said Marketing Plan; and

WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform all of the necessary services
and prepare such reports as described as Scope of Services set
forth in Exhibit “A” attached hereto and incorporated herein by
this reference.
Said services and all duties incidental or necessary
thereto shall be performed diligently and competently and in
accordance with professional standards of performance.
2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in
accordance with the detailed scope of work and payment
schedule shown in Exhibit “A” with this agreement an
amount not to exceed one hundred twenty-eight thousand
and seven hundred fifty dollars ($128,750) for
Destination Marketing.
B. Payment of the invoice for services rendered will be
made after acceptance and approval by the CITY within
thirty (30) days of receipt by the City of such
invoice.
Deleted: as
18
2
3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys,
charts, maps, figures, photographs, memoranda, and any other
documents which are developed, compiled, or produced as a result
of this Agreement, whether or not completed, shall vest with the
CITY.
B. Methodology, materials, software, logic and systems
developed under this Agreement are the property of CONSULTANT
and the CITY, and may be used as CONSULTANT and/or the CITY see
fit, including the right to revise or publish the same without
limitation.
4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the
primary administrative responsibility for the CITY under this
Agreement, and shall review and approve Consultant’s invoices to
the CITY under this Agreement.
B. The City Administrator for the CITY shall have primary
responsibility for overseeing and directing Consultant’s
preparation of the Scope of Services, and shall coordinate all
communications with CONSULTANT from the CITY.
5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to
complete the listed Tasks according to the Scope of Services as
set forth in Exhibit “A” and during Fiscal Year 2009/2010.
B. CONSULTANT will diligently proceed with the work
contracted for, but it is expressly agreed and understood that
CONSULTANT shall not be held responsible for delays occasioned
by factors beyond their control, nor by factors which could not
reasonably have been foreseen at the time of execution of this
Agreement.
6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to
terminate or suspend this Agreement with or without cause at any
time by giving twenty (20) day’s written notice to the other
party. In that event, all finished or unfinished documents,
19
3
date, studies, surveys, drawings, maps, models, photographs and
reports, or other material prepared by CONSULTANT pursuant to
this Agreement shall be delivered to the CITY; and CONSULTANT
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on the project prior to the date
of suspension or termination. The compensation entitled by the
CONSULTANT will be in accordance to the payment schedule
referenced in Exhibit A.
7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise
transferred by either party hereto without the prior written
consent of the other party.
8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional
services beyond the original Scope of Services as defined in
Exhibit “A”. Such additional services include those due to
abnormal conditions beyond Consultant’s control, changes in
phasing, time delays, changes in scope or requirements on the
part of others and services necessitated by legal challenge of
the Plan. Such work will be undertaken only upon written
authorization of the CITY based upon an agreed amount of
compensation.
9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. CONSULTANT will not discriminate against any employee
or applicant for employment because of race, creed, color, sex,
age, national origin, marital status, physical or other motor
handicap, unless based upon bona fide occupational
qualification. CONSULTANT will take affirmative action to
ensure that applicants are employed and that employees are
treated during employment without regard to their race, creed,
color, sex, age, national origin, marital status, physical or
other motor handicap.
10. HOLD HARMLESS
A. CONSULTANT is covered by, and agrees to maintain,
general liability insurance for bodily injury and property
damage arising directly from its negligent acts or omissions
with limits as specified below. Certificates of insurance shall
be provided to the CITY upon request. Within the limits and
conditions of such insurance, CONSULTANT agrees to indemnify,
protect, defend and name the CITY, its public officials,
officers and employees as additional insured and hold harmless
20
4
from any loss, damage or liability arising directly from any
negligent act or omission by CONSULTANT. CONSULTANT shall not be
responsible for any loss, damage or liability beyond the
amounts, limits and conditions of such insurance. CONSULTANT
shall not be responsible for any loss, damage or liability
arising from any act or omission by the CITY, its agents, staff,
other consultants, independent contractors, third parties or
others working on the project that have not been hired by
CONSULTANT and over which CONSULTANT has no supervision or
control.
11. INSURANCE
A. COVERAGES LIMITS OF LIABILITY
General Liability, including $1,000,000.00 each
Bodily Injury, Property Damage occurrence
and Contractual Liability
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence
Damage
B. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the
provisions of the Labor Code of the State of California which
require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in
accordance with the provisions of that Code, and it certifies
that it will comply with such provisions before commencing
performance under this Agreement.
12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the
term of this Agreement, an independent contractor.
13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of
interest, or the appearance of conflicts of interest, in the
performance of this Agreement. CONSULTANT shall file statements
of financial interest, on forms provided by the CITY, to the
extent and at the times required by the City’s Conflict of
Interest Code and applicable law.
21
5
B. During the term of this Agreement, CONSULTANT shall
not directly or indirectly, either as a partner, employer,
employee, consultant, principal, agent or in any individual or
representative capacity, engage or participate in any business
or voluntary activity on behalf of any other party on any
property located within the City without prior written
permission of the City of Carmel-by-the-Sea.
C. During the term of this Agreement, CONSULTANT shall
conduct all communications with non-governmental groups,
agencies, or individuals, exclusively through the CITY.
14. NOTICES
A. Any notice to be given to the parties hereunder shall
be addressed as follows (until notice of a different address is
given to the parties):
THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921
CONSULTANT: Jeff Burghardt, President
Burghardt+Doré
PO Box 223491
Carmel, CA 93922
Any and all notices or other communications required
or permitted relative to this Agreement shall be in writing and
shall be deemed duly served and given when personally delivered
to either of the parties, CONSULTANT or the CITY, to whom it is
directed; or in lieu of such personal service, when deposited in
the United States mail, first class, postage prepaid, addressed
to CONSULTANT or to the CITY at the addresses set forth above.
Either party may change their address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided for in the preceding paragraph.
15. ATTORNEY’S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal
action against the other, (formal judicial proceeding, mediation
or arbitration), the case shall be handled in Monterey County,
California, and the party prevailing in such action shall be
entitled to a reasonable attorney’s fee which shall be fixed by
the judge, mediator or arbitrator hearing the case and such fee
22
6
shall be included in the judgment, together with all costs.
16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated
Agreement between the CITY and CONSULTANT, and supersedes all
prior negotiations, representations and agreements, either
written or oral.
17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the
State of California.
18. SEVERABILITY
A. If any term of this Agreement is held invalid by a
court of competent jurisdiction the remainder of this Agreement
shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first hereinabove written.
CITY
By: ____________________________
Rich Guillen
City Administrator
CONSULTANT
By: __________________________
Jeff Burghardt, President
Burghardt+Doré
Its: __________________________
23
Exhibit A
2009-10 Destination Marketing
SCOPE OF SERVICES
Agency:
Burghardt+Doré Advertising, Inc.
Strategy:
Increase hotel room nights, retail sales, and overall brand awareness by building on the destination marketing
campaigns and website. Target upscale California consumers, especially the core Northern California drive
markets, through advertising, Internet, and PR. Expand Carmel’s marketing reach by targeting niche markets,
especially the lucrative destination wedding industry.
Recommendation:
Launch a summer marketing blitz to capture market share during these slow economic conditions, and continue
with ongoing marketing through the slow season. Enhance the Official Travel Website with a “Wedding Guide,”
“What’s New” page, improved visitor’s map, revised online videos, business directory, and itineraries with images.
The following budget breakdown is recommended:
Marketing: $108,750
Public Relations: $20,000
TOTAL: $128,750
FY/Q1 Budget (Jul-Sep) $75,000
FY/Q2 Budget (Oct-Dec) $25,000
FY/Q3 Budget (Jan-Mar) $15,000
FY/Q4 Budget (Apr-Jun) $13,750
1) Marketing - Scope of Work:
• Marketing and media plan to increase hotel room nights, retail sales, and overall brand awareness
• Execute marketing campaigns (advertising, Internet, and PR)
• Website upgrades and ongoing maintenance to increase room nights and brand awareness
• Video production and editing to keep videos fresh and increase brand awareness
• Business outreach to increase website listings and overall sales
• Provide marketing consulting, as needed
2) Public Relations - Scope of Work
• Feature Stories
• Seasonal press releases
• Manage ongoing press requests and needs
3) Present quarterly reports to the Council
4) Submit written annual report

CITY COUNCIL: Resolution Amending Tristar Risk managment Agreement for Workers Compensation Claims

Meeting Date: July 7, 2009
Prepared by: Joyce Giuffre, Admin Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution amending the agreement with Tristar Risk Management for processing workers compensation claims.

Description: Effective July 1, 2006, the City entered into an agreement with Tristar Risk Management for processing workers compensation claims related to the City’s self-insured policy. The City’s self-insured policy ended June 30, 2006. Tristar Risk Management continues to process the run-out claims related to this policy.

Due to lower claims activity, the agreement with Tristar was amended on July 1, 2008, and the annual claims administration fee was lowered. Effective July 1, 2009, the City wishes to execute a third amendment, per the attached Exhibit “A”, which will further lower the cost of the annual clams administration fees from $25,200 to $22,800 payable in 12 monthly installments. This fee is premised on an estimated average annual (open) indemnity claims volume of 12 files. The case management fees remain the same. The amended agreement will continue in full force and effect until June 30, 2010.

In fiscal year 2010/2011, the terms of the agreement would further lower the cost of the annual claims administration fees from $22,800 to $21,660. These also will be payable in 12 monthly installments. This fee is premised on an estimated average annual (open) indemnity claims volume of 10 files. The case management fees would remain the same.

Overall Cost: City Funds: FY 2009/10 annual cost of $22,800, FY 2010/11 annual cost of $21,660 funded by Workers Compensation Insurance departmental accounts ending in “019”, plus case management fees, if necessary.

Staff Recommendation: Approve the Resolution.

Important Considerations: The amended agreement will result in FY 2009/10 annual savings of $2,400 and FY 2010/11 annual savings of $1,140 in claims administration fees, due to decreased claims volume.

Decision Record: Resolution 2008-41, approved by City Council on July 1, 2008.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE AGREEMENT WITH TRISTAR RISK MANAGEMENT FOR PROCESSING WORKERS COMPENSATION CLAIMS
__________________________________________________________________________
WHEREAS, the City entered into an agreement with Tristar Risk Management, effective
July 1, 2006, for processing workers compensation run-out claims associated with the City’s prior self-insured policy; and

WHEREAS, the City amended that agreement with Tristar Risk Management, effective July 1, 2008, for processing workers compensation run-out claims associated with the City’s prior self-insured policy; and

WHEREAS, the City desires to amend the agreement effective July 1, 2009 through June 30, 2011, per the attached Exhibit “A”, which will result in lower claims administration fees for the City.

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

1. Authorize the City Administrator to amend the agreement with Tristar Risk Management effective July 1, 2009 through June 30, 2011, per the attached Exhibit “A”.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009, by the following roll call vote:

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

SIGNED,

_________________________
Heidi Burch, City Clerk


_________________________
ATTEST: SUE McCLOUD, MAYOR


THIRD AMENDMENT TO AGREEMENT
That certain Two Party Claims Servicing Agreement effective July 1, 2006, by and between Tristar Risk Management, (hereinafter referred to as “TRISTAR”) and City of Carmel-by-the-Sea, (hereinafter collectively referred to as “Client”) for the period July 1, 2006 through June 30, 2007, is amended herein by deleting in its entirety Article II and EXHIBIT A, such amendment to be effective July 1, 2009. All other terms and conditions of the above referenced Agreement remain unchanged.

II. EFFECTIVE DATE/TERM
2.1 This Agreement shall be effective as of July 1, 2009, and shall continue in full force and effect until June 30, 2011 or until termination in accordance with the provisions of Article Fourteen.

EXHIBIT “A”
COMPENSATION
This Exhibit, effective July 1, 2009, is attached to and made part of the Two Party Claims Servicing Agreement between TRISTAR Risk Management (“TRISTAR”) and City of Carmel-by- the-Sea (“Client”) effective July 1, 2006.

Claims Administration Fees
For services rendered pursuant to the attached Agreement, for the period of July 1, 2009 to June 30, 2010, Client will pay TRISTAR an annual Claims Administration Fee of $22,800.00, payable, in advance, in twelve (12) monthly installments of $1,900.00. This fee is premised on an estimated average annual (open) indemnity claims volume of 12 files.

For services rendered pursuant to the attached Agreement, for the period of July 1, 2010 to June 30, 2011, Client will pay TRISTAR an annual Claims Administration Fee of $21,660.00, payable, in advance, in twelve (12) monthly installments of $1,805.00. This fee is premised on an estimated average annual (open) indemnity claims volume of 10 files.

Should the actual claim volumes be less than or exceed these estimates by 15%, then both parties will agree to negotiate in good faith, as reasonable fee adjustment. Bill Review Fees TRISTAR shall utilize TRISTAR Managed Care (TMC) for Medical Bill Review and PPO Network Access. TMC fees for such services will be paid against individual claim files. The following TMC fees have been agreed to:
a) For medical treatment and pharmacy bills reviewed to the Official Medical Fee Schedule or Usual and Customary database:
The fee is fifteen percent (15%) of savings
b) For medical treatment and pharmacy bills that belong to the PPO:
The fee is thirty percent (30%) of the PPO savings.
c) For IMFS (Inpatient Medical Fee Schedule):
The fee is fifteen percent (15%) of savings.
d) For Specialty Bill Review reductions:
The fee is thirty percent (30%) of savings.

Case Management Fees
For nurse case management services provided by TRISTAR Managed Care, the fees will be as follows:
Utilization Review: In Patient - $95.00 per hour (includes review of treatment guidelines for appropriateness of care including length of stay and need for assistant surgeon; directing into PPO and confirmation letters)
Out Patient - $95.00 per hour (includes review of treatment guidelines for appropriateness of care, directing into PPO and confirmation letters)
Telephonic Case Management: $95.00 per hour
Field Case Management: $105.00 per hour, plus expenses
Peer Review: $200.00 per hour for record review without MD discussion $250.00 per hour for record review with MD discussion

In consideration of such compensation, TRISTAR shall handle all claims for the period of the Agreement.

TRISTAR RISK MANAGEMENT
Date: By:
Thomas J. Veale
Title: President

CARMEL-BY-THE-SEA
Date: By:
Rich Guillen
Title: City Administrator

CITY COUNCIL: Resolution for Agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing Services

Meeting Date: July 7, 2009
Prepared by: Joyce Giuffre, Admin Svcs Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed
$128,750 in fiscal year 2009/10.

Description: The City has a contract with Burghardt + Doré for destination marketing services. Jeff Burghardt of Burghardt + Doré has developed a marketing plan for the new fiscal year starting July 1, 2009 (see Exhibit “A”).

The City wishes to continue to contract with Burghardt + Doré for the fiscal period July 1, 2009 through June 30, 2010, per the attached agreement. The City’s approved
FY 2009/10 budget includes $128,750 for Regional Destination Marketing.

Overall Cost: City Funds: $128,750, to be funded from General Fund Account 01-85200.

Staff Recommendation: Staff recommends Council approve entering into an agreement with Burghardt + Doré Advertising, Inc. to provide destination marketing services, as outlined in Exhibit “A”.

Important Considerations: During FY 2008/09, Jeff Burghardt provided marketing services to the City through his firm, Burghardt+Doré. Prior to that time, he provided marketing services to the City through his previous firm, Anda-Burghardt.

Decision Record: 1) Resolution 2009-22 dated April 7, 2009, approving a destination contract with Burghardt + Doré; 2) Resolution 2008-43, dated July 1, 2008, approving a destination marketing contract with Anda/Burghardt Advertising.

Reviewed by:


Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH BURGHARDT + DORÉ ADVERTISING, INC. FOR DESTINATION MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $128,750 IN FISCAL YEAR 2009/2010

WHEREAS, the City Council has approved funding for destination marketing services for Fiscal Year 2009/2010; and

WHEREAS, for its fiscal year 2009/10 marketing plans, the City desires to contract with Burghardt + Doré Advertising, Inc. effective July 1, 2009, for services as outlined in Exhibit “A”;

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

1. Authorize the City Administrator to execute the Burghardt + Doré Advertising, Inc. agreement for fiscal year 2009/10 in an amount not to exceed $128,750 for destination marketing.

2. Authorize payment from the General Fund account 01-85200 for the professional services rendered.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009 by the following roll call vote:

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

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

______________________
Heidi Burch, City Clerk

AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 1st day of July 2009, by and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY") and Burghardt+Doré, Jeff Burghardt, President hereinafter referred to as "CONSULTANT".

W I T N E S S E T H
WHEREAS, the CITY has prepared a Destination Marketing Plan; and

WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in the preparation of said Marketing Plan; and

WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform all of the necessary services and prepare such reports as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with the detailed scope of work as shown in Exhibit “A” with this agreement an amount not to exceed one hundred twenty-eight thousand and seven hundred fifty dollars ($128,750) for Destination Marketing.

B. Payment of the invoice for services rendered will be made after acceptance and approval by the CITY within thirty (30) days of receipt by the City of such invoice.

3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall vest with the CITY.

B. Methodology, materials, software, logic and systems developed under this Agreement are the property of CONSULTANT and the CITY, and may be used as CONSULTANT and/or the CITY see fit, including the right to revise or publish the same without limitation.

4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the primary administrative responsibility for the CITY under this Agreement, and shall review and approve Consultant’s invoices to the CITY under this Agreement.

B. The City Administrator for the CITY shall have primary responsibility for overseeing and directing Consultant’s preparation of the Scope of Services, and shall coordinate all communications with CONSULTANT from the CITY.

5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks according to the Scope of Services as set forth in Exhibit “A” and during Fiscal Year 2009/2010.

B. CONSULTANT will diligently proceed with the work contracted for, but it is expressly agreed and understood that CONSULTANT shall not be held responsible for delays occasioned by factors beyond their control, nor by factors which could not reasonably have been foreseen at the time of execution of this Agreement.

6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or suspend this Agreement with or without cause at any time by giving twenty (20) day’s written notice to the other party. In that event, all finished or unfinished documents, date, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by CONSULTANT pursuant to this Agreement shall be delivered to the CITY; and CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.

7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party.

8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond the original Scope of Services as defined in Exhibit “A”. Such additional services include those due to abnormal conditions beyond Consultant’s control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the Plan. Such work will be undertaken only upon written authorization of the CITY based upon an agreed amount of compensation.

9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.

10. HOLD HARMLESS
A. CONSULTANT is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to the CITY upon request. Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify, protect, defend and name the CITY, its public officials, officers and employees as additional insured and hold harmless from any loss, damage or liability arising directly from any negligent act or omission by CONSULTANT. CONSULTANT shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. CONSULTANT shall not be responsible for any loss, damage or liability arising from any act or omission by the CITY, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by CONSULTANT and over which CONSULTANT has no supervision or control.

11. INSURANCE
A. COVERAGES LIMITS OF LIABILITY
General Liability, including $1,000,000.00 each
Bodily Injury, Property Damage occurrence and Contractual Liability
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence Damage

B. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing performance under this Agreement.

12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this Agreement, an independent contractor.

13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement. CONSULTANT shall file statements of financial interest, on forms provided by the CITY, to the
extent and at the times required by the City’s Conflict of Interest Code and applicable law.

B. During the term of this Agreement, CONSULTANT shall not directly or indirectly, either as a partner, employer, employee, consultant, principal, agent or in any individual or representative capacity, engage or participate in any business or voluntary activity on behalf of any other party on any property located within the City without prior written permission of the City of Carmel-by-the-Sea.

C. During the term of this Agreement, CONSULTANT shall conduct all communications with non-governmental groups, agencies, or individuals, exclusively through the CITY.

14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921

CONSULTANT: Jeff Burghardt, President
Burghardt+Doré
PO Box 223491
Carmel, CA 93922

Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is
directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CONSULTANT or to the CITY at the addresses set forth above. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

15. ATTORNEY’S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and CONSULTANT, and supersedes all prior negotiations, representations and agreements, either written or oral.

17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.

18. SEVERABILITY
A. If any term of this Agreement is held invalid by a
court of competent jurisdiction the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

CITY

By: ____________________________
Rich Guillen
City Administrator

CONSULTANT
By: __________________________
Jeff Burghardt, President
Burghardt+Doré
Its: __________________________

Exhibit A
2009-10 Destination Marketing
SCOPE OF SERVICES
Agency: Burghardt+Doré Advertising, Inc.

Strategy: Continue to build on the destination-marketing campaign to increase visitor business (i.e. room nights) and expand brand awareness of Carmel’s unique offerings. The integrated marketing will primarily target upscale consumers in core California markets, especially during the current economic conditions.

Recommendation:
We will launch a summer marketing blitz to capture market share of the core season due to economic conditions. In addition, we also plan to following: Market to the lucrative destination wedding industry; enhance the website with new, rich content that gives visitors an “insider’s view;” and continue to increase web traffic through ongoing marketing, advertising and public relations.

The following budget breakdown is recommended:
Marketing: $108,750
Public Relations: $20,000
TOTAL: $128,750

1) Marketing - Scope of Work:
• Market Research
• Marketing & Media Plan
• Promotional Campaigns (ads, direct mail, emarketing, and PR)
• Website Enhancements & Maintenance
• List Development & Direct Marketing
• Event Marketing, if required

2) Public Relations - Scope of Work
• Feature Stories
• Seasonal press releases
• Manage ongoing press requests and needs
3) Present quarterly reports to the Council
4) Submit written annual report