Wednesday, February 3, 2010

CITY COUNCIL: Resolution Authorizing Addition of Third Tier to Facility Use Fee Structure for Sunset Theater Tickets

Meeting Date: 2 February 2010
Prepared by: Rich Guillen

City Council
Agenda Item Summary


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

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

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

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

Staff Recommendation: Approve the Resolution.

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

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

Decision Record: None

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE ADDITION OF A THIRD TIER TO THE FACILITY USE FEE STRUCTURE FOR SUNSET THEATER TICKET PURCHASES OF $41.00 OR GREATER PER INDIVIDUAL TICKET


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

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

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

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

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

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

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

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of February 2010 by the following roll call vote:

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

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

_____________________
Heidi Burch, City Clerk

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

CITY COUNCIL: Appointments to Harrison Memorial Library Board of Trustees & Planning Commission

CITY CLERK’S OFFICE
CITY OF CARMEL-BY-THE-SEA
February 2, 2010
TO: The Honorable Mayor McCloud & Council Members
FROM: Heidi Burch, City Clerk
SUBJECT: Agenda Item XI-A

The material for:

1. Item XI-A - Ratify appointments to the Harrison Memorial Library Board of Trustees and the Planning Commission will be provided under separate cover.

Thank you,
Heidi Burch
City Clerk

FOREST AND BEACH COMMISSION AGENDA & MINUTES February 2010

CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION

REGULAR MEETING AGENDA
Thursday, 4 February 2010

Tour of Inspection – 1:30 p.m.
Regular Meeting – 2:00 p.m.

City Hall, Council Chambers
East side Monte Verde St. between Ocean & 7th Avenues
Carmel, California

I. CALL TO ORDER AND ROLL CALL

COMMISSION MEMBERS: JOE FORD, CHAIRPERSON
LESLIE KADIS
VICTORIA LYNCH
TODD HORNIK
TOM LEVERONE

II. EXTRODINARY BUSINESS

Nomination and election of chairperson and vice chairperson.

III. PLEDGE OF ALLEGIANCE

IV. APPEARANCES

Thank you for attending the meeting. Anyone wishing to address the Commission on matters within the jurisdiction of the Commission may do so now. Please state the matter on which you wish to speak. Matters not appearing on the Commission’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three minutes, or as established by the Commission. Persons are not required to give their name or address, but it is helpful for speakers to state their name in order that the Secretary may identify them.

V. CONSENT AGENDA

1. Consideration of the minutes for the 1 December 2009 special meeting.

2. Adopt meeting calendar for 2010.
VI. APPLICATIONS/PUBLIC HEARINGS

IF YOU CHALLENGE THE NATURE OF THE PROPOSED ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE FOREST AND BEACH COMMISSION, OR PRIOR TO DELIBERATION OF THE ITEMS ON THE TOUR OF INSPECTION/PUBLIC HEARING.

1. Consideration of an application to remove a 16” diameter Monterey pine tree the applicant consider a hazard. The site is located on the west side of Torres St., 5 north of Third Ave. The applicant is Bill Callahan for the property owners Don Woo & Maria Boisvert.

VII. ORDERS OF BUSINESS

1. Review and make recommendations on a proposal submitted by Barbara Livingston to modify the western portion of Devendorf Park.

VIII. REPORTS FROM STAFF AND COMMISSION

1. Receive verbal report from the Ad Hoc Beach Committee.

2. City Foresters report on a project to remove several eucalyptus trees from Mission Trail Nature Preserve near the Lester Rowntree Native Plant Garden for fire fuel reduction, public safety, and implementation of the MTNP master plan.

IX. ADJOURNMENT

Any writings or documents provided to a majority of the Forest and Beach Commission regarding any item on this agenda will be made available for public inspection in the Planning and Building Department located at City Hall, on Monte Verde between Ocean and 7th Avenues during normal business hours.

If there is not a special meeting, the next regular meeting of the Forest and Beach Commission will be:
4 March 2010
1:30 p.m. – Tour of Inspection
2:00 p.m. - Regular Agenda

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. The City of Carmel-by-the-Sea Telecommunication’s Device for the Deaf /Speech Impaired (TDD) number is 1-800-735-2929.

COMMUNITY ACTIVITIES & CULTURAL COMMISSION AGENDA & MINUTES February 2010

CITY OF CARMEL-BY-THE-SEA
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
AGENDA
Regular Meeting
Tuesday, February 9, 2010, 9:30 AM

City Hall
East Side Monte Verde between Ocean and Seventh Avenues

I. Roll Call-Clyde Klaumann, Dixie Dixon, Donna Jett, Conrad Kohrs, Ruth Rachel

II. Pledge of Allegiance

III. Appearances

Anyone wishing to address the Commission on items within its jurisdiction may do so now. Please rise, state your name and the matter on which you wish to speak. Matters not appearing on the Community Activities & Cultural Commission agenda will not receive action at this meeting. Presentation will be limited to three minutes, or as established by the Community Activities & Cultural Commission.

IV. Approval of minutes for the meeting of January 12, 2010.

V. Orders of Business
A. Goals of Commissioners for 2010 (Continued from January 12, 2010 meeting)

B. Further presentation from Sue Rose for Poodle Day, October 2, 2010

C. Further presentation from Susan Bradley for an Easter Parade April 3, 2010

VI. Announcements from the Chair and/or Commissioners

VII. Announcements from the Assistant City Administrator – Receive and Discuss Reports, provide direction as necessary.
• Special Event Permits
 14th Annual Breakfast with the Bunny in Bunnyland: Sat., Apr. 3, 2010, 8:30 a.m.
 17th Annual Carmel Art Festival, May 13-17, 2010
 30th Annual Surf-About Contest, TBD
 Memorial Day Ceremony, Mon., May 31, 2010, 11:00 a.m., Devendorf Park
 4th of July Celebration, Sun., July 4, 2010, Devendorf Park 12:00 Noon
 3rd Annual Carmel-by-the-Sea Concours on the Avenue, Tues., Aug. 10, 2010, 11:30 a.m.
 Concours d’Elegance Vintage Car Parade & Display, Thurs., Aug. 12, 2010, 11:30 a.m.
 PG Auto Rally, Fri., Aug. 13, 2010
 49th Annual Sandcastle Contest, TBD
 Carmel High Homecoming Parade, TBD
 2nd Annual Carmel Art & Film Festival, October 6-10, 2010
 94th City Birthday Party & Halloween Parade, Oct. 30, 2010, 11:00 AM/12 Noon Lunch
 Veteran’s Day Ceremony, Thurs., Nov. 11, 2010, 11:00 a.m., Devendorf Park

Future Agenda Items
A.

IX. Adjournment

The next regular meeting of the Community Activities & Cultural Commission Is Tuesday, March 9, 2010 at 9:30 AM

Any writings or documents provided to a majority of the Community Activities & Cultural Commission regarding any item on this agenda will be made available for public inspection by calling the Community Services Department at 831/620.2020.

AMENDED

MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA

FEBRUARY 9, 2010


I. CALL TO ORDER AND ROLL CALL PRESENT: Commission Members Rachel, Dixon, Jett
ABSENT: Clyde Klaumann, Conrad Kohrs
STAFF PRESENT: Heidi Burch, Assistant City Administrator Cindi Lopez-Frincke, Community Services Assistant

II. PLEDGE OF ALLEGIANCE

Members of the audience joined Commission Members in the pledge of allegiance.

III. APPEARANCES

None.

IV. APPROVAL OF MINUTES

Commissioner DIXON moved ratification of the minutes from the January 12, 2010, meeting seconded by Commissioner RACHEL and carried by the following roll call vote:

AYES: DIXON, JETT, RACHEL
NOES: NONE
ABSENT: KLAUMANN, KOHRS
ABSTAIN: NONE

V. ORDERS OF BUSINESS

A. Goals of Commissioners for 2010 (Continued to March 9, 2010 Meeting)

B. Presentation by Sue Rose for a Poodle Day event in October of 2010.

Susan Rose presented to the Commission that she will begin her parade at The Crossroads parking lot, will move the group to the beach for a day of activities, photography then walk up to the Cypress Inn for an evening cocktail party. The Commission approved this event; Ms. Rose has provided a completed Special Event Permit and a certificate of liability insurance is to follow.

B. Further Presentation by EastMinster Animal Welfare Alliance

Susan Bradley, event coordinator for this event advised the Commission that she has rented the parking lots at Sunset Center for her parade and scheduled events. Ms. Bradley was invited by the Commissioners to return after her event and present the Commission with an after-action report. Based on those findings Ms. Bradley will approach the Commission for permission to hold a larger event.

VI. ANNOUNCEMENTS FROM THE CHAIR AND/OR COMMISSIONERS

None.
VII. ANNOUNCEMENTS FROM THE ASSISTANT CITY ADMINISTRATOR-RECEIVE AND DISCUSS REPORTS, PROVIDE DIRECTION AS NECESSARY.

None.

VIII. FUTURE AGENDA ITEMS

A. Goals of Commissioners for 2010 (Continued from February 9, 2010 meeting)
B. Review of Fees for Special Event Permits
C. Tour of Vista Lobos Community Room

IX. ADJOURNMENT

There being no further business to come before the Co-Chair JETT adjourned the meeting at 10:44 a.m.

Respectfully submitted,


___________________________________________
Cindi Lopez-Frincke, Community Services Assistant

ATTEST:


_______________________________________
Donna Jett, Co-Chair of the Commission

PLANNING COMMISSION AGENDA & MINUTES February 2010

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION – MINUTES
FEBRUARY 10, 2010


I. CALL TO ORDER AND ROLL CALL

PRESENT: Commission Members: Beach, Paterson, Wilson, Hillyard, Reimers

ABSENT: Commission Members: None

STAFF PRESENT: Sean Conroy, Planning & Building Services Manager
Marc Wiener, Assistant Planner
Leslie Fenton, Administrative Coordinator

II. TOUR OF INSPECTION

The Planning Commission toured the following sites: Carmel Sands and Mayer.

III. ROLL CALL

IV. PLEDGE OF ALLEGIANCE

Members of the audience joined Commission Members in the pledge of allegiance.

V. ANNOUNCEMENTS FROM DIRECTOR OR CHAIR

Sean Conroy, Planning & Building Services Manager, made the following announcements:

1. Welcomed new Commissioner Keith Paterson.
2. Several City projects have been approved by the Coastal Commission.

VI. APPEARANCES

Barbara Livingston appeared before the Commission.

VII. ADMINISTRATION

1. Fiscal year 2009/10 goal. Discuss and take appropriate action.

Sean Conroy, Planning & Building Services Manager, presented the staff report. Chairwoman Reimers opened the public hearing at 4:07 p.m.. Barbara Livingston appeared before the Commission. There being no other appearances, the public hearing was closed at 4:07 p.m.

The Commission agreed on the following two goals:

1. Revise the Design Guidelines to be consistent with the City’s Green Building Ordinance and other policy changes (i.e. possibly window materials, roof materials, etc.)

2. Provide guidelines on installation of distributed energy generation systems (i.e. solar, wind, etc.)

VIII. CONSENT AGENDA

1. Consideration of Planning Commission minutes from January 13, 2010.

2. DS 10-1
Gilbert Neil
S/s Scenic S of 10th
Consideration of Design Study and Coastal Development Permit applications for the installation of a memorial bench on the beach bluff pathway along Scenic Drive.

3. DS 09-135
Brian Leidig
Scenic & 8th
Consideration of Design Study and Coastal Development Permit applications for the installation of a memorial bench on the beach bluff pathway along Scenic Drive.

4. DR 10-1
Dennis Levett
SE Cor. Ocean & Mt. View
Blk 79, Lots All
Consideration of a time extension for Design Review, Use Permit, Demolition and Coastal Development Permit approvals for the construction of four new condominium units and the creation of two low-income units in an existing historic structure for a site located in the Forest Cottages Specific Plan Area.

5. DS 10-5
Buildwell Construction
26026 Ridgewood Rd.
Block 2W, Lot(s) 16
Consideration of the Re-Issuance of Design Study, Demolition and Coastal Development Permit approvals for the demolition of an existing residence and the construction of a new residence in the R-1 and AS Districts.

6. DS 10-6
Tom Wilson
Santa Fe 3 SW 8th
Block 100, Lot(s) 7
Consideration of a design study application for a fence in excess of six feet in height on a site located in the Single Family Residential (R-1) District.

Commissioner HILLYARD moved to approve the Consent Agenda, seconded by WILSON and carried by the following roll call vote:

AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

VIX. CONSENT AGENDA (PULLED ITEMS)

None

X. PUBLIC HEARINGS

1. UP 08-2
Carmel Sands Lodge Partners
NE corner San Carlos & 5th
Block 50, Lot(s) 13-20
Consideration of Design Review, Demolition, Use and Coastal Development Permit applications and a Mitigated Negative Declaration for the demolition and reconstruction of the Carmel Sands Motel located in the Service Commercial (SC) District.

Sean Conroy, Planning & Building Services Manager, presented the staff report. Chairwoman Reimers opened the public hearing at 4:21 p.m. David How, Eric Miller, Adam Moniz, Olof Dahlstrand, Barbara Livingston, Roberta Miller, Carolyn Hardy, Catherine Compagno, Monte Miller, Steve Dallas and Matt Little appeared before the Commission. There being no other appearances, the public hearing was closed at 5:02 p.m.

Commissioner HILLYARD moved that at this point in time there is not substantial evidence coupled with a fair argument to support the requirement for an EIR, seconded by WILSON and carried by the following roll call vote:

AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard,
NOES: COMMISSION MEMBERS: Reimers
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

Commissioner WILSON moved to continue the application, seconded by BEACH and carried by the following roll call vote:

AYES: COMMISSION MEMBERS: Beach, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: Paterson
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

2. MP 10-1
City of Carmel
City-wide
Consideration of amendments to the Zoning Ordinance/Local Coastal Implementation Program banning Medical Marijuana Dispensaries in the City.

Sean Conroy, Planning & Building Services Manager, presented the staff report. Chairwoman Reimers opened the public hearing at 6:02 p.m. Barbara Livingston appeared before the Commission. There being no other appearances, the public hearing was closed at 6:04 p.m.

Commissioner WILSON moved to recommend that the City Council adopt the attached revisions to the Zoning Ordinance/Local Coastal Implementation Program, seconded by PATERSON and carried by the following roll call vote:

AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

3. DS 09-136
Jernstedt Trust
W/s Monte Verde bt. 2nd & 3rd
Block II, Lot(s) 31
Consideration of a Design Study application for the installation of a metal roof on an existing residence located in the Single Family Residential (R-1) and Archaeological Significance Overlay (AS) Districts.

Sean Conroy, Planning & Building Services Manager, presented the staff report. Chairwoman Reimers opened the public hearing at 6:09 p.m. Rob Nicely appeared before the Commission. There being no other appearances, the public hearing was closed at 6:15 p.m.

Commissioner BEACH moved to approve the application with the special condition that the roof be a natural material but not a coated material and any other sample presented other than the painted one is acceptable, seconded by HILLYARD and failed by the following roll call vote:

AYES: COMMISSION MEMBERS: Beach, Hillyard,
NOES: COMMISSION MEMBERS: Paterson, Wilson, Reimers
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

Commissioner HILLYARD moved to approve the application for a metal roof made out of Corten

Commissioner Hillyard withdrew his motion.

Commissioner BEACH moved to deny the application for the weathered copper painted finish roof material, seconded by HILLYARD and failed by the following roll call vote:

AYES: COMMISSION MEMBERS: Beach, Hillyard,
NOES: COMMISSION MEMBERS: Paterson, Wilson, Reimers
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

Commissioner PATERSON moved to approve the application with the roof material as submitted, seconded by WILSON and carried by the following roll call vote:

AYES: COMMISSION MEMBERS: Paterson, Wilson, Reimers
NOES: COMMISSION MEMBERS: Beach, Hillyard
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

4. DS 08-37
Stephen & Patty Mayer
Junipero 3 NW 12th
Block 129, Lot(s) 13 & 15
Consideration of Design Study (Concept & Final) and Coastal Development Permit applications for the substantial alteration of an historic residence located in the Single Family Residential (R-1) and Archaeological Significance Overlay (AS) Districts, a waiver of certain zoning requirements, and a Mitigated Negative Declaration.

Sean Conroy, Planning & Building Services Manager, presented the staff report. Chairwoman Reimers opened the public hearing at 6:32 p.m. Claudio Oritz, Scott Grant, Brian Congleton, John Bridges and Steve Mayer appeared before the Commission. There being no other appearances, the public hearing was closed at 7:12 p.m.

Commissioner BEACH moved to approve the application with staff’s Special Conditions, seconded by WILSON and carried by the following roll call vote:

AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT: COMMISSION MEMBERS: None
ABSTAIN: COMMISSION MEMBERS: None

XI. ADJOURNMENT

There being no further business to come before the Commission, the meeting was adjourned at 7:16 p.m.


___________________________________
Leslie Fenton, Administrative Coordinator

ATTEST:


____________________________________
Janet Reimers, Chairwoman

HISTORIC RESOURCES BOARD AGENDA & MINUTES February 2010

HARRISON MEMORIAL LIBRARY BOARD OF TRUSTEES AGENDA & MINUTES February 2010

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