Date: April 5, 2011
Prepared by: Laura Dadiw, Interim Finance Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution adopting revisions to the fiscal year 2010/11 General Fund budget.
Description: Based on analysis of the year-to-date revenues and expenditures, staff recommends increases to the fiscal year 2010/11 General Fund budget in the amount of $56,041 per the attached Exhibit “A”.
Staff Recommendation: Approve the FY 2010/11 General Fund budget adjustments. The City’s budget should be adjusted for increased Hostelry Tax revenues, as well as decreased Business License Tax revenues, cost savings in Salaries and Benefits and Materials and Supplies expenditures, and adjustments to Capital Projects. Due to the additional capital
projects proposed, it is recommended that the $56,041 increase be funded by a transfer from the Capital Projects Reserve Account #01-48013.
Important Considerations: City Council approval is required for budget adjustments.
Decision Record: Resolution 2010-45 dated June 16, 2010 approved the Annual Budget for Fiscal Year 2010/11 of the 2010/11 through 2012/13 Triennial Budget.
Reviewed by:
______________________________ _________________
Dewey Evans, City Treasurer Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: LAURA DADIW, INERIM FINANCE MANAGER
DATE: APRIL 5, 2011
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING BUDGET ADJUSTMENTS TO THE FISCAL YEAR 2010/2011 GENERAL FUND BUDGET
RECOMMENDED MOTION
Adopt the Resolution making adjustments to the Fiscal Year 2010/2011 General Fund budget.
BACKGROUND
With the review of revenue data for the current fiscal year (July 1 through December 31,
2010), it appears the economy is slightly better than at this point last year. When the
Annual Budget was adopted by the City Council in June 2010, the financial picture was
that of a continuing downturn trend. The adopted City Budget for Fiscal Year 2010/2011
planned for a total expenditure of $13,927,864 with an emphasis on completing some
capital improvement projects to improve the City’s infrastructure.
The financial trend last year was sluggish for all three major revenue sources, i.e.,
hostelry tax, property tax and sales tax. Although the financial picture this year is far
from optimum, there appears to be a slight increase trend in Transient Occupancy Tax
revenues. It is hoped that Business License Tax revenues will recover somewhat during
the warmer weather in the second half of the fiscal year, as was the case last fiscal year.
The positive financial picture of years prior to the economic downturn allowed the City to
complete important capital improvement projects. The current sluggish economy is
allowing an excellent bid environment for improvement projects to be undertaken once
again. Several Proposition 1B and TAMC projects were budgeted for 2010/11 and were bid
with some of the construction anticipated to commence this month.
Economic indications continue to call for spending diligence with respect to materials
and supplies and payroll expenses, as recommended later in this report.
168
STAFF REVIEW
The chart below summarizes the $56,041 increase needed in the 2010/11 Annual Budget
as proposed by staff. The recommendations to add and defer capital improvement
projects and a decrease in Salary and Benefits expenses constitute the majority of the
adjustments. Staff’s primary goal with the proposed budget adjustments is to complete
the FY 2010/2011 approved projects in the current fiscal year to take advantage of cost
savings due to the slow economy.
FISCAL YEAR 2010/2011 EXHIBIT A
PROPOSED BUDGET REVISIONS
Original YTD % Revised Revised
2010/2011 2010/2011 of 2010/11 2010/11
Budget Actual YTD Budget Incr/(Decr) Budget
REVENUES
Hostelry Tax $ 4,004,000 $ 2,267,299 56.63% $ 80,000 $ 4,084,000
Property Tax 4,147,055 2,364,225 57.01% ‐ 4,147,055
Sales Tax 1,750,000 983,085 56.18% ‐ 1,750,000
Other 2,603,471 1,170,429 44.96% (128,000) 2,475,471
Grant (see Offset below) 634,760 2,545 0.40% (46,001) 588,759
Transfers from/(to)
Reserves 788,578 797,161 101.09% 98,326 886,904
TOTALS $ 13,927,864 7,584,744 54.46% $ 4,325 $ 13,932,189
EXPENDITURES
Personnel Costs $ 8,075,890 $ 3,813,811 47.22% $ (150,535) $ 7,925,355
Materials & Supplies 4,756,070 2,617,101 55.03% (60,024) 4,696,046
Capital Outlays 179,156 100,472 56.08% (1,000) 178,156
Capital Improvements 390,988 264,681 67.70% 317,926 708,914
Grant Offset 525,760 31,995 6.09% (46,001) 479,759
TOTALS $ 13,927,864 $ 6,828,060 49.02% $ 60,366 $ 13,988,230
Total Surplus/(Deficit) ‐ $ 756,684 $ (56,041) $ (56,041)
169
Revenues
An $80,000 budget increase is proposed for Transient Occupancy Tax (“TOT”), one of
the “Big Three” revenues. At 56.63% of budget, TOT revenue is currently 2% ahead at
the six month point of the current budget of $4,004,000 as compared to 54.85% at the
same point last fiscal year.
The largest revenue budget adjustment recommended is for Business License Tax, a
reduction of $128,000. Current receipts are $438,916 as compared to $489,087 for the
same period last fiscal year. (Approximately $60,000 in Business License Tax was
received after December during the 2009/10 fiscal year for a total of $550,666.)
Capital Outlay grant revenues are anticipated for the Police Department 911 Upgrade
Project ($29,000). The TAMC $50,000 grant funded San Carlos Street repaving project
was deferred and the Dolores Street repaving project was completed instead for a total of
$74,097, resulting in a net upward budget adjustment of $24,097 for grant funding
between the two projects. The Dolores Street project was one of the Proposition 1B
programs that had been funded in advance in the amount of $400,000 to the City in 2008.
Thankfully, the “use it or lose it” deadline of June 30, 2011 for expending Proposition 1B
funds has been extended to June 30, 2012. This allows time to consider undertaking the
Prop 1B Del Mar Parking Lot Repaving Project after the Del Mar Underground Water
Storage Tank Project, if approved in the proposed budget adjustments, is completed.
Expenditures
The majority of the adjustments to expenditures come from staff retirement or other
employment termination from certain positions that were in the original budget. These
adjustments decrease the Salaries and Wages budget by $150,535. Positions vacated
include:
• Fire/Police Chief
• Forest, Parks and Beach Tree Care Specialist
• Human Resources
• Payroll
The Materials and Supplies proposed adjustments (decrease of $60,024) are a result of
various cost savings over all the City departments.
170
Capital Outlays and Capital Improvements
Capital budget adjustments are proposed for one project already completed and two
others bid in February. Adjustments also include an increase for the San Antonio
Pedestrian Path project previously approved by Council Resolution. Pebble Beach
Company will be sending an invoice for approximately $80,000 for the balance due from
the City on the cost-share project. That amount is accounted for in the adjustments.
Capital Outlays & Improvements
Fiscal Year 2010/2011
Original Proposed Revised
2010/2011 2010/2011 2010/2011
Budget Incr/(Decr) Budget
Capital Outlays
Finance Software/Operating System $ 30,000 $ (30,000) $ ‐
Lease Obligations 149,156 ‐ 149,156
Capital Outlays (not part of approved budget)
PD 911 Upgrade (State Dept of Gen Svcs. Funds) $ ‐ 29,000 29,000
Total Outlays $ 179,156 $ (1,000) $ 178,156
Capital Improvements
PD/CYC Generator (Design) $ 40,000 $ (15,000) $ 25,000
Carmel Beach Sand Replenishment 26,000 (6,000) 20,000
Carmel Beach Seawalls Repairs 100,000 (50,000) 50,000
Pedestrian Path‐San Antonio bet 2nd & 4th 60,000 118,326 178,326
Dry Weather Diversion ($125,000 City match) 125,000 (95,000) 30,000
Repave Junipero bet Ocean & 8th, streetscape
(TAMC Funded) 462,760 (99,098) 363,662
Repave San Carlos (TAMC Funded) 50,000 (50,000) ‐
Street/Road Projects based on Nichols Eng Rpt 39,988 ‐ 39,988
Install Bike Racks (TAMC Funded) 13,000 ‐ 13,000
Capital Outlays (not part of approved budget)
Dolores St Repaving (Prop 1B Funding) ‐ 74,097 74,097
PD/Youth Center Generator (Construction) ‐ 165,000 165,000
Del Mar U.G. Tank ‐ 229,600 229,600
Total Improvements $ 916,748 $ 271,925 $ 1,188,673
Total Outlays and Improvements $ 1,095,904 $ 270,925 $ 1,366,829
Grant Offset (525,760) 46,001 (479,759)
Grand Total 2010/11 Revised Capital Expenses $ 570,144 $ 887,070
The net budget increase to all capital budget items not including grant offsets is $270,925.
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Page 5 of 5
SUMMARY OF IMMEDIATE RECOMMENDED ACTIONS
1. Operate at current staffing levels for the remainder of FY 2010/11.
2. Continue to aggressively seek and use grant funding for capital projects.
3. Limit spending on materials and supplies as much as feasible.
172
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2011 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
ADOPTING REVISIONS TO FISCAL YEAR 2010/11 GENERAL FUND BUDGET
WHEREAS, the City Council approved the Budget for Fiscal Years 2010/11 of the
Triennial Budget 2011/12 through 2012/13 by Resolution 2010-45 dated June 16, 2010; and
WHEREAS, adjustments are needed for the Fiscal Year 2010/11 General Fund budget
based on budget review; and
WHEREAS, the 2010/11 General Fund budget adjustments include increases totaling
$56,041 per the attached schedule, Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve adjustments to the Fiscal Year 2010/11 General Fund budget, per the
attached schedule Exhibit “A”.
2. Approve transfer of $56,041 from the Capital Projects Reserve to the General Fund.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 5th day of April, 2011, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
ATTEST, SUE McCLOUD, MAYOR
_______________________________
Heidi Burch, City Clerk
173
EXHIBIT A
Original YTD % Revised Revised
2010/2011 2010/2011 of 2010/11 2010/11
Budget Actuals YTD Budget Incr/(Decr) Budget
REVENUES
Hostelry Tax $ 4,004,000 $ 2,267,299 56.63% $ 8 0,000 $ 4,084,000
Property Tax 4,147,055 2,364,225 57.01% ‐ 4,147,055
Sales Tax 1,750,000 983,085 56.18% ‐ 1,750,000
Other 2,603,471 1,170,429 44.96% (128,000) 2,475,471
Grant (see Grant Offset below) 6 34,760 2,545 0.40% ( 46,001) 588,759
Transfers from/(to) Reserves 7 88,578 797,161 101.09% 98,326 886,904
TOTALS $ 1 3,927,864 7,584,744 54.46% $ 4 ,325 $ 13,932,189
EXPENDITURES
Personnel Costs $ 8,075,890 $ 3,813,811 47.22% $ (150,535) $ 7,925,355
Materials & Supplies 4,756,070 2,617,101 55.03% ( 60,024) 4,696,046
Capital Outlays 1 79,156 100,472 56.08% ( 1,000) 178,156
Capital Improvements 3 90,988 264,681 67.70% 3 17,926 708,914
Grant Offset 5 25,760 31,995 6.09% ( 46,001) 479,759
TOTALS $ 1 3,927,864 $ 6,828,060 49.02% $ 60,366 $ 13,988,230
Total Surplus/(Deficit) ‐ $ 756,684 $ (56,041) $ (56,041)
Saturday, April 2, 2011
CITY COUNCIL: Resolution Awarding Bid to Collins Electric Company for Police Department/Public Works Emergency Generator & Fuel Systems Modification Project
Meeting Date: April 5, 2011
Prepared by: Bernard Martino
City Council
Agenda Item Summary
Name: Consideration of a Resolution awarding a bid to Collins Electric Company for the Police Department/Public Works Emergency Generator and Fuel Systems Modification Project for a total project cost of $272,160.
Description: Council has placed high priority on the installation of a new emergency generator, underground diesel fuel system and storage tank (UST) and containment sump appurtenances at the Police Department/Public Works/Youth Center facility. Besides this, relocating the existing Healy Clean Air Recovery Tank is needed to comply with current Environmental Health Department regulations and the Clean Air Act.
Overall Cost:
City Funds: $272,160
Construction Bid: $243,000
Project Contingency: $24,300
Project Engineering and inspection: $4,860
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: The emergency generator at the Police/Public Works complex is 45 years old and in failing condition. It provides electrical power to approximately 60% of the Police/Public Works facility but no power to the Youth Center. The City Council has often deemed this a high-priority concern as it is critical to have a working generator to
power the Police Department, Emergency Operations Center, Public Works facility and the City’s fuel pumps in the event of an emergency. The new generator also would provide power to the Carmel Youth Center, which has been designated to serve as an emergency shelter, if needed. The Healy Clean Air Recovery Tank does not comply with current Environmental Health
Department regulations, subjecting the City to possible citations or fines.
Decision Record: $40,000 was budgeted for the Police Department/Youth Center Generator design in the FY 2010-2011 Budget.
Attachments: Tabulation of Bids
Reviewed by:
_______________
_________________ _____________________
Heidi Burch, Asst. City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AWARDING THE BID TO COLLINS ELECTRIC COMPANY FOR THE PUBLIC WORKS/POLICE FACILITY GENERATOR AND FUEL SYSTEMS MODIFICATION PROJECT FOR A TOTAL PROJECT COST OF $272,160
WHEREAS, the installation of the new generator will ensure continuous and full electrical power to the Police Department/Public Works facility, the Emergency Operations Center, and Youth Center during power outages; and
WHEREAS, the existing generator is 45 years old, supplies electrical power to only about onethird
of the buildings/facilities (none to the Youth Center), has been a priority on the Capital
Improvement list and must be replaced to protect the City during a cataclysmic event; and
WHEREAS, moving the Healy Clean Air Recovery Tank will bring the City into compliance
with Environmental Health regulations, CEQA, and the Clean Air Act; and
WHEREAS, the City advertised and three bids were received for the project on 17 February
2011 and the low bidder was Collins Electric Company for a bid price of $243,000.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
1. Award the bid for construction to Collins Electric Company in the amount of $243,000.
2. Approve $24,300 for project contingency, $4,860 for engineering and inspection
services during construction for a total project cost of $272,160.
3. Provide for sufficient funding to be available in the 2011/2012 budget to complete the
project.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE- SEA
this 5th day of April, 2011 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
ATTEST:
________________________
___________________ SUE McCLOUD, MAYOR
Heidi Burch, City Clerk
176
TABULATION OF BIDS - Public Works/Police Facility Generator and Fuel Systems Modification Project
Collins Electric Co. Central Coast Elec. Edward R. Bacon
Total Bid Price $ 243,000.00 $ 302,303.00 $ 248,500.00
Alternate Bid #1
All electrical, fuel supply & return lines related to the fuel management system $ 78,000.00 $ 145,267.00 No breakdown provided
All related piping to the existing in-ground diesel fuel tank including all
concrete cutting, trenching & replacement of concrete per plans
Alternate Bid #2
Using the open trench per concrete saw cutting as outlined in Bid #1; $ 7,000.00 $ 8,812.00 No breakdown provided
relocate the (E) Healy Clean Air Separator tank, its diesel and gasoline vent
piping, and all connections as outline in the plans and specifications
Alternative Bid #3
Purchase and install (N) generator $ 158,000.00 $ 148,224.00 No breakdown provided
Install all (N) electrical components, distribution panel, transfer switches &
conduit/wiring per plans and specifications.
Trenching to Carmel Youth Center building.
Disconnect old generator as per plans and specifications or as specified by
City Staff and place in a location as deemed appropriate by City Staff.
Prepared by: Bernard Martino
City Council
Agenda Item Summary
Name: Consideration of a Resolution awarding a bid to Collins Electric Company for the Police Department/Public Works Emergency Generator and Fuel Systems Modification Project for a total project cost of $272,160.
Description: Council has placed high priority on the installation of a new emergency generator, underground diesel fuel system and storage tank (UST) and containment sump appurtenances at the Police Department/Public Works/Youth Center facility. Besides this, relocating the existing Healy Clean Air Recovery Tank is needed to comply with current Environmental Health Department regulations and the Clean Air Act.
Overall Cost:
City Funds: $272,160
Construction Bid: $243,000
Project Contingency: $24,300
Project Engineering and inspection: $4,860
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: The emergency generator at the Police/Public Works complex is 45 years old and in failing condition. It provides electrical power to approximately 60% of the Police/Public Works facility but no power to the Youth Center. The City Council has often deemed this a high-priority concern as it is critical to have a working generator to
power the Police Department, Emergency Operations Center, Public Works facility and the City’s fuel pumps in the event of an emergency. The new generator also would provide power to the Carmel Youth Center, which has been designated to serve as an emergency shelter, if needed. The Healy Clean Air Recovery Tank does not comply with current Environmental Health
Department regulations, subjecting the City to possible citations or fines.
Decision Record: $40,000 was budgeted for the Police Department/Youth Center Generator design in the FY 2010-2011 Budget.
Attachments: Tabulation of Bids
Reviewed by:
_______________
_________________ _____________________
Heidi Burch, Asst. City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AWARDING THE BID TO COLLINS ELECTRIC COMPANY FOR THE PUBLIC WORKS/POLICE FACILITY GENERATOR AND FUEL SYSTEMS MODIFICATION PROJECT FOR A TOTAL PROJECT COST OF $272,160
WHEREAS, the installation of the new generator will ensure continuous and full electrical power to the Police Department/Public Works facility, the Emergency Operations Center, and Youth Center during power outages; and
WHEREAS, the existing generator is 45 years old, supplies electrical power to only about onethird
of the buildings/facilities (none to the Youth Center), has been a priority on the Capital
Improvement list and must be replaced to protect the City during a cataclysmic event; and
WHEREAS, moving the Healy Clean Air Recovery Tank will bring the City into compliance
with Environmental Health regulations, CEQA, and the Clean Air Act; and
WHEREAS, the City advertised and three bids were received for the project on 17 February
2011 and the low bidder was Collins Electric Company for a bid price of $243,000.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
1. Award the bid for construction to Collins Electric Company in the amount of $243,000.
2. Approve $24,300 for project contingency, $4,860 for engineering and inspection
services during construction for a total project cost of $272,160.
3. Provide for sufficient funding to be available in the 2011/2012 budget to complete the
project.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE- SEA
this 5th day of April, 2011 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
ATTEST:
________________________
___________________ SUE McCLOUD, MAYOR
Heidi Burch, City Clerk
176
TABULATION OF BIDS - Public Works/Police Facility Generator and Fuel Systems Modification Project
Collins Electric Co. Central Coast Elec. Edward R. Bacon
Total Bid Price $ 243,000.00 $ 302,303.00 $ 248,500.00
Alternate Bid #1
All electrical, fuel supply & return lines related to the fuel management system $ 78,000.00 $ 145,267.00 No breakdown provided
All related piping to the existing in-ground diesel fuel tank including all
concrete cutting, trenching & replacement of concrete per plans
Alternate Bid #2
Using the open trench per concrete saw cutting as outlined in Bid #1; $ 7,000.00 $ 8,812.00 No breakdown provided
relocate the (E) Healy Clean Air Separator tank, its diesel and gasoline vent
piping, and all connections as outline in the plans and specifications
Alternative Bid #3
Purchase and install (N) generator $ 158,000.00 $ 148,224.00 No breakdown provided
Install all (N) electrical components, distribution panel, transfer switches &
conduit/wiring per plans and specifications.
Trenching to Carmel Youth Center building.
Disconnect old generator as per plans and specifications or as specified by
City Staff and place in a location as deemed appropriate by City Staff.
CITY COUNCIL: Resolution to Lend 30 Edward Weston Photographs to Monterey Museum of Art for Exhibition 'Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes'
City Council
Agenda Item Summary
Name: Consideration of a Resolution to lend 30 Edward Weston photographs to
the Monterey Museum of Art from May 9 through October 14, 2011, for an
exhibition titled “Edward Weston, American Photographer: Landscapes,
Portraits, Still Lifes, Nudes”
Description: The Monterey Museum of Art has requested permission to borrow 30 Edward Weston photographs, stored in the Harrison Memorial Library Local History Department vault, for an exhibition that will run from June 18-October 2, 2011. The Museum has asked to borrow the photographs from May 9 through October 14, 2011, to allow time for assembly, disassembly, and transportation both ways.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution
Important Considerations: The photographs will be fully insured by the Museum for the entire loan period and will be handled and transported by trained, experienced staff. They will be hung, using archival/museum standards, in a climate-controlled, secure facility. The Harrison Memorial Library Board of Trustees approved the loan of the photographs at its March 23, 2011 regular meeting. All photographs displayed in the exhibit will be credited to “City of Carmel-by-the-Sea, Harrison Memorial Library”.
Decision Record: In 2010, the City loaned two Mary DeNeale Morgan paintings to the Hearst Art Gallery at St. Mary’s College of California. In 2000, a painting by Charles Rollo Peters was loaned to the Monterey Museum of Art for its “Paintings of Monterey Adobes: A Walking Tour” exhibit.
Reviewed by:
______________________________ _________________
Heidi Burch, Asst. City Administrator Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: CITY ADMINISTRATOR
FROM: JANET BOMBARD, LIBRARY DIRECTOR
DATE: MARCH 24, 2011
SUBJECT: CONSIDERATION OF A RESOLUTION TO LEND 30 EDWARD WESTON PHOTOGRAPHS TO THE MONTEREY MUSEUM OF ART FROM MAY 9 THROUGH OCTOBER 14, 2011, FOR AN EXHIBITION TITLED “EDWARD WESTON, AMERICAN PHOTOGRAPHER: LANDSCAPES, PORTRAITS, STILL LIFES, NUDES”
RECOMMENDED MOTION
Adopt a Resolution to lend 30 Edward Weston photographs to the Monterey Museum of
Art from May 9 through October 14, 2011.
BACKGROUND
The Monterey Peninsula Museum of Art has submitted a formal request to borrow 30
Edward Weston photographs, currently stored in the vault of the Harrison Memorial
Library Local History Department, for an exhibition at the Monterey Museum of Art – La
Mirada, titled “Edward Weston, American Photographer: Landscapes, Portraits, Still
Lifes, Nudes”.
The exhibit will run from June 18 through October 2, 2011. The Museum has asked to
borrow the photographs from May 9 through October 14, 2011. This time frame includes
40 days prior to the exhibition for transportation and framing of the photographs, and 12
days after the exhibit’s conclusion for disassembly and transportation back to the Library.
Important points with regard to consideration of the request:
• Environmental conditions will be maintained according to archival standards.
• The photographs will be mounted, framed, and hung following National Museum
Standards. The mounting and display process will not affect the condition of the
photographs.
179
• In addition to security personnel during hours of operation, the gallery space is
equipped with closed circuit TV cameras, magnetic contacts, passive infrared motion
detectors and an alarm system.
• The photographs will be fully insured, from the moment they leave Harrison
Memorial Library until the time they return to the vault, under the policies carried by
the Monterey Museum of Art.
• Transportation of the requested items will be done by Monterey Museum of Art staff
with experience in handling and moving artwork, under the supervision of E. Michael
Whittington, Executive Director of the Monterey Museum of Art.
• All photographs on display in this exhibit will be credited to “City of Carmel-by-the-
Sea, Harrison Memorial Library.”
The Harrison Memorial Library Board of Trustees approved the request at its March 23,
2011 meeting with the following stipulation: that the Museum provides proof of coverage
against mysterious disappearance, and coverage against employee dishonesty. Attached
is an email from E. Michael Whittington which satisfies those terms.
FISCAL IMPACT
None. The Monterey Museum of Art will be responsible for all costs, including
transportation and insurance.
SUMMARY
The loan from the City will comprise approximately one-fifth of the photographs that will
be displayed in the exhibit. It will be an opportunity to highlight a portion of the City’s
exceptional collection of Edward Weston photographs and advantageously publicize the
City of Carmel-by-the-Sea, the Harrison Memorial Library, and the Henry Meade
Williams Local History Department.
In the past, the City has loaned selected pieces for art exhibitions. Last year, the City lent
two Mary DeNeale Morgan paintings to the Hearst Art Gallery at St. Mary’s College of
California. In 2000, a painting by Charles Rollo Peters was loaned to the Monterey
Museum of Art for its “Paintings of Monterey Adobes: A Walking Tour” exhibit.
180
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA TO LEND 30 EDWARD WESTON PHOTOGRAPHS
TO THE MONTEREY MUSEUM OF ART FROM MAY 9 - OCTOBER 14, 2011,
FOR AN EXHIBITION TITLED “EDWARD WESTON,
AMERICAN PHOTOGRAPHER: LANDSCAPES, PORTRAITS,
STILL LIFES, NUDES”
WHEREAS, the Monterey Museum of Art has requested the temporary loan of 30
Edward Weston photographs owned by the City of Carmel-by-the-Sea to be included in the
exhibition “Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes”,
and;
WHEREAS, the Monterey Museum of Art has agreed to house and hang the paintings in
accordance with accepted archival and museum standards and environmental conditions, and
WHEREAS, the Museum’s gallery space is fully secure and the paintings will be fully
insured for the full loan period under policies carried by the Museum.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA DOES:
1. Agree to lend 30 of the City’s Edward Weston photographs to the Monterey Museum
of Art for the period of May 9-October 14, 2011.
2. Authorize E. Michael Whittington, Executive Director of the Monterey Museum of
Art, and trained museum staff to pack and transport the 30 photographs to the
Monterey Museum of Art on May 9, 2011.
3. Require that the 30 photographs be packed and transported by Mr. Whittington and
trained museum staff and returned by October 14, 2011, to the Harrison Memorial
Library Local History Department in the same condition as they were loaned.
181
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 5th day of April 2011, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
______________________
Heidi Burch,City Clerk
From: Mike Whittington [mwhittington@montereyart.
org]
Sent: Wednesday, March 23, 2011 11:26 AM
To: Janet Bombard
Subject: insurance questions
Dear Janet:
Regarding the two questions on insurance from our insurance rep:
Coverage against mysterious disappearance
This is not a specific exclusion on our policy so it is covered
Coverage against employee dishonesty
This is not covered in our fine arts policy, but is part of the comprehensive liability
Many thanks for your assistance and support.
With best wishes,
Mike
E MICHAEL WHITTINGTON
executive director
p 831.372.5477 x 111
c 831.402.1412
f 831.372.5680
559 pacific street, monterey ca 93940
www.montereyart.org
Agenda Item Summary
Name: Consideration of a Resolution to lend 30 Edward Weston photographs to
the Monterey Museum of Art from May 9 through October 14, 2011, for an
exhibition titled “Edward Weston, American Photographer: Landscapes,
Portraits, Still Lifes, Nudes”
Description: The Monterey Museum of Art has requested permission to borrow 30 Edward Weston photographs, stored in the Harrison Memorial Library Local History Department vault, for an exhibition that will run from June 18-October 2, 2011. The Museum has asked to borrow the photographs from May 9 through October 14, 2011, to allow time for assembly, disassembly, and transportation both ways.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution
Important Considerations: The photographs will be fully insured by the Museum for the entire loan period and will be handled and transported by trained, experienced staff. They will be hung, using archival/museum standards, in a climate-controlled, secure facility. The Harrison Memorial Library Board of Trustees approved the loan of the photographs at its March 23, 2011 regular meeting. All photographs displayed in the exhibit will be credited to “City of Carmel-by-the-Sea, Harrison Memorial Library”.
Decision Record: In 2010, the City loaned two Mary DeNeale Morgan paintings to the Hearst Art Gallery at St. Mary’s College of California. In 2000, a painting by Charles Rollo Peters was loaned to the Monterey Museum of Art for its “Paintings of Monterey Adobes: A Walking Tour” exhibit.
Reviewed by:
______________________________ _________________
Heidi Burch, Asst. City Administrator Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: CITY ADMINISTRATOR
FROM: JANET BOMBARD, LIBRARY DIRECTOR
DATE: MARCH 24, 2011
SUBJECT: CONSIDERATION OF A RESOLUTION TO LEND 30 EDWARD WESTON PHOTOGRAPHS TO THE MONTEREY MUSEUM OF ART FROM MAY 9 THROUGH OCTOBER 14, 2011, FOR AN EXHIBITION TITLED “EDWARD WESTON, AMERICAN PHOTOGRAPHER: LANDSCAPES, PORTRAITS, STILL LIFES, NUDES”
RECOMMENDED MOTION
Adopt a Resolution to lend 30 Edward Weston photographs to the Monterey Museum of
Art from May 9 through October 14, 2011.
BACKGROUND
The Monterey Peninsula Museum of Art has submitted a formal request to borrow 30
Edward Weston photographs, currently stored in the vault of the Harrison Memorial
Library Local History Department, for an exhibition at the Monterey Museum of Art – La
Mirada, titled “Edward Weston, American Photographer: Landscapes, Portraits, Still
Lifes, Nudes”.
The exhibit will run from June 18 through October 2, 2011. The Museum has asked to
borrow the photographs from May 9 through October 14, 2011. This time frame includes
40 days prior to the exhibition for transportation and framing of the photographs, and 12
days after the exhibit’s conclusion for disassembly and transportation back to the Library.
Important points with regard to consideration of the request:
• Environmental conditions will be maintained according to archival standards.
• The photographs will be mounted, framed, and hung following National Museum
Standards. The mounting and display process will not affect the condition of the
photographs.
179
• In addition to security personnel during hours of operation, the gallery space is
equipped with closed circuit TV cameras, magnetic contacts, passive infrared motion
detectors and an alarm system.
• The photographs will be fully insured, from the moment they leave Harrison
Memorial Library until the time they return to the vault, under the policies carried by
the Monterey Museum of Art.
• Transportation of the requested items will be done by Monterey Museum of Art staff
with experience in handling and moving artwork, under the supervision of E. Michael
Whittington, Executive Director of the Monterey Museum of Art.
• All photographs on display in this exhibit will be credited to “City of Carmel-by-the-
Sea, Harrison Memorial Library.”
The Harrison Memorial Library Board of Trustees approved the request at its March 23,
2011 meeting with the following stipulation: that the Museum provides proof of coverage
against mysterious disappearance, and coverage against employee dishonesty. Attached
is an email from E. Michael Whittington which satisfies those terms.
FISCAL IMPACT
None. The Monterey Museum of Art will be responsible for all costs, including
transportation and insurance.
SUMMARY
The loan from the City will comprise approximately one-fifth of the photographs that will
be displayed in the exhibit. It will be an opportunity to highlight a portion of the City’s
exceptional collection of Edward Weston photographs and advantageously publicize the
City of Carmel-by-the-Sea, the Harrison Memorial Library, and the Henry Meade
Williams Local History Department.
In the past, the City has loaned selected pieces for art exhibitions. Last year, the City lent
two Mary DeNeale Morgan paintings to the Hearst Art Gallery at St. Mary’s College of
California. In 2000, a painting by Charles Rollo Peters was loaned to the Monterey
Museum of Art for its “Paintings of Monterey Adobes: A Walking Tour” exhibit.
180
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA TO LEND 30 EDWARD WESTON PHOTOGRAPHS
TO THE MONTEREY MUSEUM OF ART FROM MAY 9 - OCTOBER 14, 2011,
FOR AN EXHIBITION TITLED “EDWARD WESTON,
AMERICAN PHOTOGRAPHER: LANDSCAPES, PORTRAITS,
STILL LIFES, NUDES”
WHEREAS, the Monterey Museum of Art has requested the temporary loan of 30
Edward Weston photographs owned by the City of Carmel-by-the-Sea to be included in the
exhibition “Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes”,
and;
WHEREAS, the Monterey Museum of Art has agreed to house and hang the paintings in
accordance with accepted archival and museum standards and environmental conditions, and
WHEREAS, the Museum’s gallery space is fully secure and the paintings will be fully
insured for the full loan period under policies carried by the Museum.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA DOES:
1. Agree to lend 30 of the City’s Edward Weston photographs to the Monterey Museum
of Art for the period of May 9-October 14, 2011.
2. Authorize E. Michael Whittington, Executive Director of the Monterey Museum of
Art, and trained museum staff to pack and transport the 30 photographs to the
Monterey Museum of Art on May 9, 2011.
3. Require that the 30 photographs be packed and transported by Mr. Whittington and
trained museum staff and returned by October 14, 2011, to the Harrison Memorial
Library Local History Department in the same condition as they were loaned.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-
THE-SEA this 5th day of April 2011, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
______________________
Heidi Burch,City Clerk
From: Mike Whittington [mwhittington@montereyart.
org]
Sent: Wednesday, March 23, 2011 11:26 AM
To: Janet Bombard
Subject: insurance questions
Dear Janet:
Regarding the two questions on insurance from our insurance rep:
Coverage against mysterious disappearance
This is not a specific exclusion on our policy so it is covered
Coverage against employee dishonesty
This is not covered in our fine arts policy, but is part of the comprehensive liability
Many thanks for your assistance and support.
With best wishes,
Mike
E MICHAEL WHITTINGTON
executive director
p 831.372.5477 x 111
c 831.402.1412
f 831.372.5680
559 pacific street, monterey ca 93940
www.montereyart.org
CITY COUNCIL: Resolution Approving Pass-Through Disposal Rate Increase & Annual Cost-of-Living Adjustment
City Council
Agenda Item Summary
Name: Consideration of a Resolution approving a pass-through disposal rate
increase of 0.29% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 0.57%
for a total increase of 0.86%.
Description: Waste Management (WM), Inc. is the City’s trash and recycle collector. It has an exclusive Franchise Agreement with the City. This agreement allows WM to request an annual rate adjustment, which includes whenever the Monterey Regional Waste Management District (MRWMD) Board of Directors authorizes a rate increase. MRWMD approved increases effective on January 1, 2011.
WM notified the City of the proposed fee increase on March 4, 2011. This notice conforms with the exclusive Franchise Agreement requiring WM to notify the City at least 60 days in advance. The total adjustment is comprised of a pass-through disposal rate increase of 0.29% and an annual cost-of-living adjustment of 0.57%.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Provide policy direction on whether to approve the requested 0.29% fee adjustment and the 0.57% cost-of-living adjustment, or an alternate fee adjustment.
Important Considerations: The WM request conforms to Section 6, Collection Rates, as written in the City’s exclusive Franchise Agreement.
Decision Record: At its March 2, 2010, meeting Council approved a pass-through fee adjustment of 0.54% and a cost-of-living increase of 2.48% (Resolution 2010-20). This resolution was subsequently rescinded on April 6, 2010 and only the 0.54% passthrough fee adjustment was approved (Resolution 2010-33). Prior to that, Council approved a Waste Management fee increase of 11.7% in April 2008 and 5.93% increase in January 2006.
Reviewed by:
_________________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING AN ANNUAL PASS-THROUGH RATE INCREASE OF 0.29% FOR WASTE MANAGEMENT SERVICES AND A 0.57% COST-OF-LIVING ADJUSTMENT FOR A TOTAL INCREASE OF 0.86%
WHEREAS, Waste Management is the City’s trash and recyclable goods
collector; and
WHEREAS, the Monterey Regional Waste Management District increased the
disposal fees to take effect on January 1, 2011; and
WHEREAS, Waste Management is requesting a 0.57% cost-of-living adjustment
in addition to the requested 0.29% pass-through disposal cost; and
WHEREAS, Waste Management submitted a formal written request 60 days prior
to the effective date as required in its exclusive Franchise Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve an annual rate adjustment of 0.29% for residential and commercial
customers to cover cost increases to disposal fees, as requested by the
Monterey Regional Waste Management District.
2. Approve a cost-of-living adjustment increase of 0.57% for 2011.
3. Authorize the effective date of January 1, 2011 for the above annual rate
adjustment.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 5th day of April 2011, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
_________________
Heidi Burch, City Clerk
Agenda Item Summary
Name: Consideration of a Resolution approving a pass-through disposal rate
increase of 0.29% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 0.57%
for a total increase of 0.86%.
Description: Waste Management (WM), Inc. is the City’s trash and recycle collector. It has an exclusive Franchise Agreement with the City. This agreement allows WM to request an annual rate adjustment, which includes whenever the Monterey Regional Waste Management District (MRWMD) Board of Directors authorizes a rate increase. MRWMD approved increases effective on January 1, 2011.
WM notified the City of the proposed fee increase on March 4, 2011. This notice conforms with the exclusive Franchise Agreement requiring WM to notify the City at least 60 days in advance. The total adjustment is comprised of a pass-through disposal rate increase of 0.29% and an annual cost-of-living adjustment of 0.57%.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Provide policy direction on whether to approve the requested 0.29% fee adjustment and the 0.57% cost-of-living adjustment, or an alternate fee adjustment.
Important Considerations: The WM request conforms to Section 6, Collection Rates, as written in the City’s exclusive Franchise Agreement.
Decision Record: At its March 2, 2010, meeting Council approved a pass-through fee adjustment of 0.54% and a cost-of-living increase of 2.48% (Resolution 2010-20). This resolution was subsequently rescinded on April 6, 2010 and only the 0.54% passthrough fee adjustment was approved (Resolution 2010-33). Prior to that, Council approved a Waste Management fee increase of 11.7% in April 2008 and 5.93% increase in January 2006.
Reviewed by:
_________________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING AN ANNUAL PASS-THROUGH RATE INCREASE OF 0.29% FOR WASTE MANAGEMENT SERVICES AND A 0.57% COST-OF-LIVING ADJUSTMENT FOR A TOTAL INCREASE OF 0.86%
WHEREAS, Waste Management is the City’s trash and recyclable goods
collector; and
WHEREAS, the Monterey Regional Waste Management District increased the
disposal fees to take effect on January 1, 2011; and
WHEREAS, Waste Management is requesting a 0.57% cost-of-living adjustment
in addition to the requested 0.29% pass-through disposal cost; and
WHEREAS, Waste Management submitted a formal written request 60 days prior
to the effective date as required in its exclusive Franchise Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve an annual rate adjustment of 0.29% for residential and commercial
customers to cover cost increases to disposal fees, as requested by the
Monterey Regional Waste Management District.
2. Approve a cost-of-living adjustment increase of 0.57% for 2011.
3. Authorize the effective date of January 1, 2011 for the above annual rate
adjustment.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 5th day of April 2011, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
_________________
Heidi Burch, City Clerk
CITY COUNCIL: Approve Amendments to City's Revised Harassment Prevention Policy
Meeting Date: April 5, 2011
Prepared by: Molly Laughlin
City Council
Agenda Item Summary
Name: Approve amendments to the City’s revised Harassment Prevention Policy.
Description: Jon Giffen of the law firm, Kennedy, Archer & Harray has prepared a draft of the City’s new Harassment Prevention Policy. The draft was circulated to the three employee unions and the at-will employees for their comments in mid-March.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Approve the amended Harassment Prevention Policy.
Important Considerations: None.
Decision Record: None
Reviewed by:
________________________________ _____________________
Heidi Burch, Asst. City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY POLICY NO. __________
HARASSMENT PREVENTION POLICY
DRAFT NO. 3
TABLE OF CONTENTS
I.PURPOSE....1
II.POLICY....1
III. APPLICATION OF POLICY....2
IV. TYPES OF HARASSMENT PROHIBITED....2
1) Verbal Behaviors....2
2) Physical Behaviors....2
3) Visual Behaviors....2
4) Unwanted Sexual Behaviors....2
V. RETALIATION PROHIBITED....3
VI. COMPLAINT PROCEDURE....4
1) Employee’s Responsibility When Subjected to Harassment....4
2) Supervisor Responsibilities....5
3) Investigating Officer’s Responsibilities....5
A) Investigating Officer’s Responsibilities to Complainant....6
B) Investigating Officer’s Responsibilities to Alleged Harasser....7
C) General Investigation Guidelines....7
4) Administrative Leave....9
5) Penalties....9
VII. MISCELLANEOUS GUIDELINES....9
1) Complaints Against Volunteers or City Council Appointees.....9
2) Complaints Against Elected Officials.....10
3) Complaints Against Outside Parties (Non-Employees)....10
4) Duty of Cooperation....11
5) State and Federal Compliance Agencies....11
City of Carmel-by-the-Sea
City Policy No. _______
Harassment Prevention Policy
(DRAFT NO. 3)
I. PURPOSE
The policy of the City of Carmel-by-the-Sea is that harassment in any form in the workplace is
unacceptable and will not be condoned or tolerated. The purpose of this policy is to provide
working conditions free of any form of harassment; to establish a procedure by which
individuals who feel they have been harassed in any manner can bring their complaint(s) to an
appropriate authority without fear of retaliation; to establish a procedure by which complaints of
harassment are promptly, thoroughly and fairly investigated; and to ensure that individuals who
are found to have violated this policy will be subjected to disciplinary action that is
commensurate with the severity of the offense.
II. POLICY
The City of Carmel-by-the-Sea prohibits any form of harassment and will not tolerate, condone
or trivialize such actions by any employee, regardless of employment status. Employees,
applicants for employment, and others are to be free from harassment on the basis of race,
religion, color, national origin, ancestry, handicap, physical or mental disability, medical
condition, marital status, registered domestic partner status, sexual orientation, sex, pregnancy,
childbirth or related medical conditions, age (40 or older), or for asserting family care leave
rights, or for any other basis protected by law. Employees are also protected if they associate
with a person who is, or is perceived to be, in one of those classifications. Any and all such
harassment is unlawful.
All employees who initiate or participate in the investigation of a complaint are protected from
retaliation from any employee. Retaliation will be considered a serious act of misconduct.
The City will take disciplinary action, up to and including termination, against any employee
who violates this policy.
Employees committing harassment as defined in this policy are deemed by the City to be acting
outside the scope of their employment.
196
III. APPLICATION OF POLICY
This policy applies to all officers and employees of the City of Carmel-by-the-Sea, including, but
not limited to, full-time and part-time employees, permanent and temporary employees,
employees covered or otherwise exempted from personnel rules or regulations, and employees
working under contract for the City. For the purpose of this policy, Aemployee@ is defined as
each of the above.
This policy also applies to elected officials, their appointees and volunteers.
IV. TYPES OF HARASSMENT PROHIBITED
The City’s policy prohibits harassment on the basis of race, color, national origin, sexual
orientation, religion, physical or mental disability, age, military veteran status, or any other
characteristic protected by applicable law. The City will not tolerate an employee engaging in
any of the following behaviors:
1) Verbal Behaviors - For example: suggestive, insulting or derogatory comments,
epithets, innuendos, terms of endearment, sounds, jokes, teasing or slurs based on any of the
above categories, and sexual propositions or threats.
2) Physical Behaviors - For example: assault, impeding or blocking movement, or any
unwanted physical contact or interference with normal work or movement, including touching,
pinching, brushing with the body, impeding or blocking movement, contact or assault when
directed at an individual because of any of the above categories.
3) Visual Behaviors - For example: derogatory posters, pictures, photographs, emails,
suggestive objects, notices, bulletins, cartoons, letters, drawings or gestures; also such actions as
leering, whistling or obscene gestures based on any of the above categories.
4) Unwanted Sexual Behaviors - any unwanted sexual advances; threats or demands to
submit to sexual requests, or visual, verbal or physical conduct of a sexual nature when:
Χ submission to such conduct is made a term or condition of employment; or
Χ submission to or rejection of such conduct is used as a basis for employment
decisions affecting such individual; or
Χ such conduct has the purpose or effect of unnecessarily interfering with an
employee’s work performance or creating an intimidating, hostile or offensive
working environment because of the persistent, severe or pervasive nature of the
conduct.
197
In order to ensure that the behaviors prohibited by the City’s policy do not rise to the level of
behavior which is illegal, the City has a zero-tolerance policy toward even a single instance of
any such behavior which by itself or when repeated would constitute harassment. An employee
engaging in such behavior will be subject to appropriate disciplinary action, up to and including
termination of employment, regardless of whether the employee engages in the prohibited
behavior only once or multiple times. In addition, any employee who engages in any
inappropriate conduct based on or directed at a person’s gender will be subject to appropriate
disciplinary action, up to and including termination of employment.
Sexual harassment can occur between employees of the same sex. The City’s policy prohibits
males from sexually harassing females or other males, and females from sexually harassing
males or other females.
The victim of harassment need not be just the employee who is the target of harassment. Other
employees who observe or learn about the harassment can also be the victims of that harassment
and can report the harassing behavior. Anyone who is affected by the harassing behavior can
complain of harassment.
There is a clear line in most cases between mutual attraction and a consensual exchange on the
one hand, and unwelcome behavior or pressure for an intimate relationship on the other hand. A
friendly interaction between two persons who are receptive to one another is not considered
unwelcome or harassing behavior. Employees are free to form social relationships of their own
choosing. However, when one employee pursues or forces a relationship upon another who does
not like or want it, regardless of friendly intentions, the behavior is unwelcome sexual behavior.
An employee confronted with these actions by a co-employee should inform the harasser that
such behavior is unwelcome and tell the harasser to stop. An employee should assume that
sexual comments are unwelcome unless the employee has clear, unequivocal indications to the
contrary. In other words, one employee does not have to tell the other employee to stop for that
conduct to constitute harassment. If one employee advises another employee that certain
behavior is offensive, the offending employee must immediately stop the behavior, regardless of
whether the offending employee agrees with the victim’s perceptions of the offending
employee’s intentions.
V. RETALIATION PROHIBITED
All employees are assured that they may make reports of harassment and participate in any
subsequent investigation without fear of retaliation by the City, department management, their
immediate supervisor, or any other employee. Retaliation will be considered a serious act of
misconduct. Anyone found to have committed any act(s) of retaliation will be subject to the
applicable disciplinary process, up to and including termination. Examples of retaliation may, in
accord with state and federal law, include, but are not limited to, the following examples:
Χ Transferring the employment position of the complainant or witness against his or
her will;
198
Χ Ignoring or shunning the complainant or witness;
Χ Spreading rumors and innuendos about the complainant or witness;
Χ Changing work assignments of the complainant or witness without a valid workrelated
rationale;
Χ Sabotaging the tools, materials or work of the complainant or witness; and
Χ Withholding work-related information from the complainant or witness.
This policy does not in any way alter or affect the right of any person to make a charge of
discrimination with any state or federal agency with jurisdiction over such claims, file a
grievance under a collective bargaining agreement, or consult a private attorney.
VI. COMPLAINT PROCEDURE
The City of Carmel-by-the-Sea has established a convenient, confidential and reliable
mechanism for reporting incidents of harassment and/or retaliation. Employees are encouraged
and have an obligation to promptly report what they believe to be harassing or retaliatory
behavior.
1) Employee’s Responsibility When Subjected to Harassment
Any employee who believes he or she has been subjected to harassment prohibited by this policy
is encouraged to immediately tell the harasser to stop his/her unwanted behavior. The purpose of
immediately communicating to a harasser that the behavior is unwelcome is to stop the
harassment before it becomes more serious. The communication to stop the harassing behavior
will also support a claim that the harassment did occur. Failure to notify the harasser that
behavior is unwelcome does not prevent the employee from otherwise reporting the harassment,
and the employee is encouraged to report the harassment regardless of whether or not they
communicate to the harasser that the behavior is unwelcome.
Any employee who believes he or she has been subjected to harassment prohibited by this policy
is required to immediately report that behavior to any one of the following individuals: his or
her supervisor; the City’s Human Resources Personnel Officer (“Personnel Officer”); the City
Administrator; or the Mayor or Vice Mayor. An employee is not required to complain first to his
or her supervisor if that supervisor is the individual engaging in the unwanted behavior.
Immediately reporting the harassing behavior is important because the sooner the allegations can
be investigated, the sooner appropriate steps can be taken to end the harassment. ALL
EMPLOYEES AND APPLICANTS ARE ASSURED THAT THEY MAY MAKE SUCH
REPORTS WITHOUT FEAR OF RETALIATION BY THE CITY, DEPARTMENT
MANAGEMENT, THEIR IMMEDIATE SUPERVISOR OR ANY OTHER EMPLOYEE.
2) Supervisor Responsibilities
199
Supervisors are responsible for enforcing the City’s Harassment Prevention Policy and must
ensure that all employees are aware of the City’s policy through open discussions of the policy at
staff meetings and by posting the policy in a conspicuous location accessible to all staff
members. Supervisors should be cognizant of employees’ behavior and must not permit any
employee under his/her authority to be subject to, or to engage in any conduct prohibited by the
City’s policy. Supervisors who receive complaints or who observe conduct prohibited by this
policy must immediately inform the offending employee to cease the conduct and further advise
the Personnel Officer of the incident. The City will take disciplinary action, up to and including
termination, against any supervisor who fails in his or her responsibility to take immediate action
in response to an employee’s complaint of harassment, or to stop harassing conduct committed in
his or her presence, or to stop harassing conduct about which the supervisor has knowledge.
Supervisors have a mandatory obligation to document in writing any harassing behavior that
they observe or are made aware of, and to promptly provide that report to the Personnel Officer.
A supervisor must report to the Personnel Officer within 48 hours of receiving notice of the
harassing behavior. Upon receiving a report, the Personnel Officer must discuss the nature of
the complaint with the complainant as soon as reasonably possible and in no event later than 48
hours from receipt of the report. The Personnel Officer will meet with the complainant to verify
the nature of the complaint and to inform the complainant as to how the complaint is being
handled, including providing the complainant with a copy of this Harassment Prevention Policy.
If for any reason the Personnel Officer is implicated in the alleged harassment or is otherwise
unavailable to respond to the complaint, then the supervisor must report the harassing behavior
to either the City Administrator, the Mayor or the Vice Mayor instead of the Personnel Officer.
In those instances, either the City Administrator, Mayor or Vice Mayor will be responsible for
meeting with the complainant as specified in the preceding paragraph. They will also cause the
City Council to be notified and to be convened as soon as reasonably possible to determine who
will investigate and respond to the complaint of harassment. The person designated by the City
Council to investigate and respond to the complaint of harassment will have all the
responsibilities that the Personnel Officer would otherwise have for investigating and responding
to the complaint of harassment.
3) Investigating Officer’s Responsibilities
All complaints of harassment will be investigated immediately and will commence no later than
ten (10) days from the date an incident is reported. The “Investigating Officer” will either be the
Personnel Officer or, in the event the Personnel Officer is implicated in any way in the
allegations of harassment, a person designated by the City Council to investigate and respond to
the complaint of harassment. The Personnel Officer also has at his or her discretion the right to
designate an independent third party to be the Investigating Officer. The Investigating Officer
will discuss the nature of the complaint with the complainant as soon as reasonably possible and
in no event longer than three weeks from the date the complaint is made. The Investigating
Officer will have the duty to immediately bring all harassment and/or retaliation complaints to
the confidential attention of the City Administrator, the Mayor or Vice Mayor.
200
Only those who have an immediate right to know, including the Investigating Officer, the
alleged target of harassment and/or retaliation, witnesses to the harassing behavior, and the
alleged harasser will or may find out the identity of the complainant. All individuals contacted in
the course of the investigation will be advised that all retaliation or reprisal will constitute a
separate actionable offense for which penalties may be implemented under this policy. All
investigations will be handled with discretion, sensitivity and due concern for the dignity of
those involved. All persons contacted or interviewed during the investigation will be instructed
not to discuss the subject matter of the investigation in order to protect the privacy of all those
participating in the investigation.
The investigation will be as extensive as required, based upon the nature of the allegations. All
persons named as potential witnesses by the complainant will be contacted during the course of
the investigation, and those witnesses who have information relevant to the issues of the
complaint will be interviewed. The individual who is alleged to have committed acts of
harassment will be contacted during the investigation. That individual will be informed of the
allegations being made against him or her and be given the opportunity to respond to the
allegations including the opportunity to identify witnesses. Any accused employee has the option
to be represented during investigation by a support person of his or her choice.
The complainant may expect a timely resolution of the complaint. The complainant will be kept
apprised of the status of the complaint on a regular basis by the Investigating Officer.
A) Investigating Officer’s Responsibilities to Complainant
The Investigating Officer has the following responsibilities to the complainant:
1. Meet with the complainant as soon as mutually convenient and ideally no more than
two weeks from the date the report is received;
2. Inform the complainant about the City’s Harassment Prevention Policy and inform the
complainant that he or she is guaranteed to be safe from retaliation. Inform the complainant that
he or she is required to immediately report any retaliation, purported retaliation, or ongoing
harassment he or she may experience. Review with the complainant the City’s complaint
procedures and answer any questions that the complainant may have regarding the City’s
Harassment Prevention Policy;
3. Inform the complainant about the other available legal options, including but not
limited to filing a written complaint with state and federal compliance agencies;
4. Inform the complainant that while every reasonable effort will be made to protect the
confidentiality and privacy of the individuals involved, the conduct of the investigation requires
that the alleged harasser be informed of the allegations, and that witnesses be interviewed;
5. Ask the complainant to tell the entire story in his or her own words. Listen to the
complainant’s allegations and document the relevant facts such as dates, times, situations,
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witnesses and any other relevant facts. Discuss the actions complained of with discretion,
sensitivity and due concern for the dignity of everyone involved;
6. Ask the complainant what remedies he/she feels will resolve the complaint;
7. Advise the complainant that the meeting will be documented in writing and filed in
the Harassment Complaint File under the security of the Personnel Officer or appropriate
personnel.
B) Investigating Officer’s Responsibilities to Alleged Harasser
The Investigating Officer has the following responsibilities to the alleged harasser:
1. Inform him or her of the basis of the complaint and the right to be represented by an
individual of his or her choice throughout the process;
2. Give him or her an opportunity to respond to the complaint, and afford him or her the
same listening and respectful approach that was accorded the person who filed the complaint and
the other witnesses.
3. Caution him or her that no retaliation is permitted, regardless of the outcome of the
investigation and that he or she may not in any way treat the employee who filed the complaint
differently than any other employee.
C) General Investigation Guidelines
The following general Investigation Guidelines apply to all investigations:
1. Investigations will be timely and as extensive as required, based on the nature of the
allegations. All persons named as potential witnesses and those who may have information
relevant to the issues of the complaint will be contacted and interviewed during the course of the
investigation. Every reasonable effort must be made to complete the investigation and take
remedial action as soon as reasonably possible following the initial report of harassing behavior.
2. The Investigating Officer may involve an outside facilitator such as legal counsel or
an independent investigator to assist in the investigation procedure, including conducting
interviews with employees who may be more comfortable speaking candidly to an objective
outsider.
3. All investigations must be documented in writing and will be handled with discretion,
sensitivity and due concern for the dignity of those involved. Every reasonable effort will be
made to restrict information on the specifics of the complaint to those who are participating in
the investigation: the complainant, the alleged harasser, witnesses, and department management.
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4. All persons contacted or interviewed during the investigation will be requested not to
discuss the subject matter of the investigation in order to protect the privacy of all those
participating in the investigation.
5. If during the course of the investigation, the alleged harassment is reported to be
continuing, the Investigating Officer must notify the City Administrator, the Mayor or Vice
Mayor who will take such emergency or immediate action as may be necessary or appropriate
under the circumstances.
a. It is the policy of the City of Carmel-by-the-Sea that if the alleged
harasser is the complainant’s supervisor, the complainant must be
removed from direct supervision of that employee and that supervisor
must not participate in performance reviews of the employee pending the
outcome of the investigation. This action will not be considered a punitive
measure, but will be considered a protective measure for all involved.
6. At the conclusion of the investigation, the Investigating Officer must prepare a written
report of his/her findings as soon as reasonably possible but in no event later than 30 days from
completion of the investigation. If, at the conclusion of the investigation, it is found that
harassment has occurred, the Investigating Officer must forward his or her written findings,
along with any recommendations to the City Administrator, Mayor or Vice Mayor for
implementation of the disciplinary process, if any.
a. The type of disciplinary action recommended will be commensurate with
the severity of the offense and in accordance with the City’s approved
disciplinary action procedures, and must result in prompt and effective
remedial action.
b. Disciplinary action is subject to the applicable appeals process.
7. At the conclusion of the investigation, the Personnel Officer will advise the
complainant of the findings of the investigation. If the findings reveal that harassment has
occurred, the Personnel Officer will notify the complainant of the following:
a. Steps taken to correct the harassment. However, the specific manner of
discipline imposed may not be communicated to the complainant.
b. Action the complainant should take if the harassing behavior recurs.
8. Supervisory and management personnel must conduct follow-up inquiries with the
involved employee to determine if the alleged conduct has stopped or has resumed. These
inquiries must be documented in writing.
4) Administrative Leave
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Department management may place an employee on administrative leave with or without
pay to provide time to investigate and evaluate the circumstances regarding a complaint of
harassment. The department must consult with Human Resources prior to any administrative
leave action and obtain express approval from the City Administrator. In the event any
employee is placed on administrative leave in response to a complaint, the investigation should
be conducted immediately and a decision rendered within twenty-one (21) calendar days. If an
extension is necessary, the department must consult with Human Resources and the employee
must be notified of the extension. The City also reserves the right to sever its employment
relationship with an employee during the period of administrative leave.
5) Penalties
In determining the penalty in cases of harassment, the nature and severity of the claimed
misconduct, along with any other relevant factors, will be reviewed by management. City
management has the discretion to enact a more severe penalty against an accused harasser than
as set forth below.
If the investigation leads to a determination that the allegations of harassment are true, then the
City of Carmel-by-the-Sea will apply the following disciplinary consequences:
1. An employee may be immediately discharged for any act in which conduct is proven
or otherwise demonstrated to the satisfaction of the Investigative Officer and/or management.
2. Acts of harassment which are proven to be non-pervasive (limited in scope and
nature) will generally result in a warning and/or suspension upon the first offense and discharge
upon the second offense.
VII. MISCELLANEOUS GUIDELINES
1) Complaints Against Volunteers or City Council Appointees
This policy applies equally to volunteers, appointees of the City Council, and others, including
members of Boards, Commissions and Committees, the City Administrator, the City Attorney,
the City Engineer, and the City Treasurer.
Employees who believe they have been harassed by any of the above must follow the complaint
procedure previously specified including immediately reporting that behavior to any one of the
following individuals: his or her supervisor; the City’s Human Resources Personnel Officer; the
City Administrator; or the Mayor.
An investigation will then be undertaken by the Personnel Officer as previously specified. In
addition to those procedures, the completed investigation report will be distributed as follows:
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1. If the alleged harasser is a volunteer: the report must be forwarded to the
appropriate management employee in charge of supervising the volunteer who
must take appropriate action.
2. If the alleged harasser is a member of a Board, Commission, or Committee, or is
the City Attorney, the City Engineer, or City Treasurer: the report must be given
to the Mayor, the Vice Mayor and the City Administrator. The Mayor or Vice
Mayor will oversee implementation of appropriate disciplinary action.
3. If the alleged harasser is the City Administrator: the report must be given to the
Mayor or Vice Mayor. The Mayor or Vice Mayor must review the findings and
make recommendations accordingly to the entire City Council.
2) Complaints Against Elected Officials
This policy applies equally to the Mayor, the Vice Mayor and members of the City Council.
Employees who believe they have been harassed by an elected official must follow the complaint
procedure previously specified including immediately reporting that behavior to any one of the
following individuals: his or her supervisor; the Personnel Officer; the City Administrator; or
the Mayor or Vice Mayor.
An investigation will then be undertaken by the Personnel Officer as previously specified.
Any employee who files a complaint against an elected official is assured of protection against
retaliation by that official under City policies, as well as by state and federal regulations.
If it becomes clear that an allegation against an elected official has substance and an internal
resolution is not possible, the complainant will be notified and referred to the state and federal
compliance agencies set forth below. This referral will be made because the City has no
administrative control over elected officials. Consequently, if remedial action is found to be
appropriate, the City would be unable to provide an effective remedy to the complainant.
3) Complaints Against Outside Parties (Non-Employees)
If the complaint is against an outside party or other non-employee not previously addressed in
this policy, then the complainant must follow the complaint procedure previously specified
including immediately reporting that behavior to any one of the following individuals: his or her
supervisor; the Personnel Officer; the City Administrator; or the Mayor or Vice Mayor.
An investigation will then be undertaken by the Personnel Officer as previously specified. The
extent of the City’s control and any other legal responsibility which the City may have with
respect to the conduct of the non-employee will be considered.
If the investigation finds the harassment occurred during the course and scope of work of the
non-employee, this information must be forwarded to his or her employer for corrective action.
If the non-employee has no employer affiliation, such as a private citizen, appropriate action will
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be taken to prevent a recurrence. Such action may include modification of assignments to ensure
no future contact, provide or add security, and the like.
Each case for non-employees must be handled on an individual basis to determine the most
effective remedy to stop the harassment.
4) Duty of Cooperation
An effective harassment policy requires support of all of the City of Carmel-by-the-Sea’s
personnel. Anyone who engages in harassment and/or retaliation or who fails to cooperate with
any City of Carmel-by-the-Sea sponsored investigation may be disciplined by suspension or
termination from employment. Any City of Carmel-by-the-Sea official who refuses to
implement remedial measures, who obstructs remedial efforts, or who retaliates against
complainants, witnesses or the alleged harasser may be disciplined by suspension or termination
from employment.
5) State and Federal Compliance Agencies
Nothing in this policy will be interpreted so as to deny the right of any employee who believes
he or she has been harassed to file a complaint with the state and or federal compliance agency
and/or bring suit in state or federal court. However, time limits for filing complaints with
compliance agencies vary and employees should check directly with those agencies for specific
information.
The state and federal compliance agencies may be contacted at the following addresses:
(State) Department of Fair Employment and Housing
111 North Market Street, #810
San Jose, CA 95113-1102
(408) 227-1264
(Federal) Equal Employment Opportunity Commission
901 Market Street, Suite 500
San Francisco, CA 94103
(415) 744-6500 or
1-800-669-3362
VIII. EFFECTIVE DATE
Passed and adopted by resolutions of the City Council on ____________________ (date).
Prepared by: Molly Laughlin
City Council
Agenda Item Summary
Name: Approve amendments to the City’s revised Harassment Prevention Policy.
Description: Jon Giffen of the law firm, Kennedy, Archer & Harray has prepared a draft of the City’s new Harassment Prevention Policy. The draft was circulated to the three employee unions and the at-will employees for their comments in mid-March.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Approve the amended Harassment Prevention Policy.
Important Considerations: None.
Decision Record: None
Reviewed by:
________________________________ _____________________
Heidi Burch, Asst. City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY POLICY NO. __________
HARASSMENT PREVENTION POLICY
DRAFT NO. 3
TABLE OF CONTENTS
I.PURPOSE....1
II.POLICY....1
III. APPLICATION OF POLICY....2
IV. TYPES OF HARASSMENT PROHIBITED....2
1) Verbal Behaviors....2
2) Physical Behaviors....2
3) Visual Behaviors....2
4) Unwanted Sexual Behaviors....2
V. RETALIATION PROHIBITED....3
VI. COMPLAINT PROCEDURE....4
1) Employee’s Responsibility When Subjected to Harassment....4
2) Supervisor Responsibilities....5
3) Investigating Officer’s Responsibilities....5
A) Investigating Officer’s Responsibilities to Complainant....6
B) Investigating Officer’s Responsibilities to Alleged Harasser....7
C) General Investigation Guidelines....7
4) Administrative Leave....9
5) Penalties....9
VII. MISCELLANEOUS GUIDELINES....9
1) Complaints Against Volunteers or City Council Appointees.....9
2) Complaints Against Elected Officials.....10
3) Complaints Against Outside Parties (Non-Employees)....10
4) Duty of Cooperation....11
5) State and Federal Compliance Agencies....11
City of Carmel-by-the-Sea
City Policy No. _______
Harassment Prevention Policy
(DRAFT NO. 3)
I. PURPOSE
The policy of the City of Carmel-by-the-Sea is that harassment in any form in the workplace is
unacceptable and will not be condoned or tolerated. The purpose of this policy is to provide
working conditions free of any form of harassment; to establish a procedure by which
individuals who feel they have been harassed in any manner can bring their complaint(s) to an
appropriate authority without fear of retaliation; to establish a procedure by which complaints of
harassment are promptly, thoroughly and fairly investigated; and to ensure that individuals who
are found to have violated this policy will be subjected to disciplinary action that is
commensurate with the severity of the offense.
II. POLICY
The City of Carmel-by-the-Sea prohibits any form of harassment and will not tolerate, condone
or trivialize such actions by any employee, regardless of employment status. Employees,
applicants for employment, and others are to be free from harassment on the basis of race,
religion, color, national origin, ancestry, handicap, physical or mental disability, medical
condition, marital status, registered domestic partner status, sexual orientation, sex, pregnancy,
childbirth or related medical conditions, age (40 or older), or for asserting family care leave
rights, or for any other basis protected by law. Employees are also protected if they associate
with a person who is, or is perceived to be, in one of those classifications. Any and all such
harassment is unlawful.
All employees who initiate or participate in the investigation of a complaint are protected from
retaliation from any employee. Retaliation will be considered a serious act of misconduct.
The City will take disciplinary action, up to and including termination, against any employee
who violates this policy.
Employees committing harassment as defined in this policy are deemed by the City to be acting
outside the scope of their employment.
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III. APPLICATION OF POLICY
This policy applies to all officers and employees of the City of Carmel-by-the-Sea, including, but
not limited to, full-time and part-time employees, permanent and temporary employees,
employees covered or otherwise exempted from personnel rules or regulations, and employees
working under contract for the City. For the purpose of this policy, Aemployee@ is defined as
each of the above.
This policy also applies to elected officials, their appointees and volunteers.
IV. TYPES OF HARASSMENT PROHIBITED
The City’s policy prohibits harassment on the basis of race, color, national origin, sexual
orientation, religion, physical or mental disability, age, military veteran status, or any other
characteristic protected by applicable law. The City will not tolerate an employee engaging in
any of the following behaviors:
1) Verbal Behaviors - For example: suggestive, insulting or derogatory comments,
epithets, innuendos, terms of endearment, sounds, jokes, teasing or slurs based on any of the
above categories, and sexual propositions or threats.
2) Physical Behaviors - For example: assault, impeding or blocking movement, or any
unwanted physical contact or interference with normal work or movement, including touching,
pinching, brushing with the body, impeding or blocking movement, contact or assault when
directed at an individual because of any of the above categories.
3) Visual Behaviors - For example: derogatory posters, pictures, photographs, emails,
suggestive objects, notices, bulletins, cartoons, letters, drawings or gestures; also such actions as
leering, whistling or obscene gestures based on any of the above categories.
4) Unwanted Sexual Behaviors - any unwanted sexual advances; threats or demands to
submit to sexual requests, or visual, verbal or physical conduct of a sexual nature when:
Χ submission to such conduct is made a term or condition of employment; or
Χ submission to or rejection of such conduct is used as a basis for employment
decisions affecting such individual; or
Χ such conduct has the purpose or effect of unnecessarily interfering with an
employee’s work performance or creating an intimidating, hostile or offensive
working environment because of the persistent, severe or pervasive nature of the
conduct.
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In order to ensure that the behaviors prohibited by the City’s policy do not rise to the level of
behavior which is illegal, the City has a zero-tolerance policy toward even a single instance of
any such behavior which by itself or when repeated would constitute harassment. An employee
engaging in such behavior will be subject to appropriate disciplinary action, up to and including
termination of employment, regardless of whether the employee engages in the prohibited
behavior only once or multiple times. In addition, any employee who engages in any
inappropriate conduct based on or directed at a person’s gender will be subject to appropriate
disciplinary action, up to and including termination of employment.
Sexual harassment can occur between employees of the same sex. The City’s policy prohibits
males from sexually harassing females or other males, and females from sexually harassing
males or other females.
The victim of harassment need not be just the employee who is the target of harassment. Other
employees who observe or learn about the harassment can also be the victims of that harassment
and can report the harassing behavior. Anyone who is affected by the harassing behavior can
complain of harassment.
There is a clear line in most cases between mutual attraction and a consensual exchange on the
one hand, and unwelcome behavior or pressure for an intimate relationship on the other hand. A
friendly interaction between two persons who are receptive to one another is not considered
unwelcome or harassing behavior. Employees are free to form social relationships of their own
choosing. However, when one employee pursues or forces a relationship upon another who does
not like or want it, regardless of friendly intentions, the behavior is unwelcome sexual behavior.
An employee confronted with these actions by a co-employee should inform the harasser that
such behavior is unwelcome and tell the harasser to stop. An employee should assume that
sexual comments are unwelcome unless the employee has clear, unequivocal indications to the
contrary. In other words, one employee does not have to tell the other employee to stop for that
conduct to constitute harassment. If one employee advises another employee that certain
behavior is offensive, the offending employee must immediately stop the behavior, regardless of
whether the offending employee agrees with the victim’s perceptions of the offending
employee’s intentions.
V. RETALIATION PROHIBITED
All employees are assured that they may make reports of harassment and participate in any
subsequent investigation without fear of retaliation by the City, department management, their
immediate supervisor, or any other employee. Retaliation will be considered a serious act of
misconduct. Anyone found to have committed any act(s) of retaliation will be subject to the
applicable disciplinary process, up to and including termination. Examples of retaliation may, in
accord with state and federal law, include, but are not limited to, the following examples:
Χ Transferring the employment position of the complainant or witness against his or
her will;
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Χ Ignoring or shunning the complainant or witness;
Χ Spreading rumors and innuendos about the complainant or witness;
Χ Changing work assignments of the complainant or witness without a valid workrelated
rationale;
Χ Sabotaging the tools, materials or work of the complainant or witness; and
Χ Withholding work-related information from the complainant or witness.
This policy does not in any way alter or affect the right of any person to make a charge of
discrimination with any state or federal agency with jurisdiction over such claims, file a
grievance under a collective bargaining agreement, or consult a private attorney.
VI. COMPLAINT PROCEDURE
The City of Carmel-by-the-Sea has established a convenient, confidential and reliable
mechanism for reporting incidents of harassment and/or retaliation. Employees are encouraged
and have an obligation to promptly report what they believe to be harassing or retaliatory
behavior.
1) Employee’s Responsibility When Subjected to Harassment
Any employee who believes he or she has been subjected to harassment prohibited by this policy
is encouraged to immediately tell the harasser to stop his/her unwanted behavior. The purpose of
immediately communicating to a harasser that the behavior is unwelcome is to stop the
harassment before it becomes more serious. The communication to stop the harassing behavior
will also support a claim that the harassment did occur. Failure to notify the harasser that
behavior is unwelcome does not prevent the employee from otherwise reporting the harassment,
and the employee is encouraged to report the harassment regardless of whether or not they
communicate to the harasser that the behavior is unwelcome.
Any employee who believes he or she has been subjected to harassment prohibited by this policy
is required to immediately report that behavior to any one of the following individuals: his or
her supervisor; the City’s Human Resources Personnel Officer (“Personnel Officer”); the City
Administrator; or the Mayor or Vice Mayor. An employee is not required to complain first to his
or her supervisor if that supervisor is the individual engaging in the unwanted behavior.
Immediately reporting the harassing behavior is important because the sooner the allegations can
be investigated, the sooner appropriate steps can be taken to end the harassment. ALL
EMPLOYEES AND APPLICANTS ARE ASSURED THAT THEY MAY MAKE SUCH
REPORTS WITHOUT FEAR OF RETALIATION BY THE CITY, DEPARTMENT
MANAGEMENT, THEIR IMMEDIATE SUPERVISOR OR ANY OTHER EMPLOYEE.
2) Supervisor Responsibilities
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Supervisors are responsible for enforcing the City’s Harassment Prevention Policy and must
ensure that all employees are aware of the City’s policy through open discussions of the policy at
staff meetings and by posting the policy in a conspicuous location accessible to all staff
members. Supervisors should be cognizant of employees’ behavior and must not permit any
employee under his/her authority to be subject to, or to engage in any conduct prohibited by the
City’s policy. Supervisors who receive complaints or who observe conduct prohibited by this
policy must immediately inform the offending employee to cease the conduct and further advise
the Personnel Officer of the incident. The City will take disciplinary action, up to and including
termination, against any supervisor who fails in his or her responsibility to take immediate action
in response to an employee’s complaint of harassment, or to stop harassing conduct committed in
his or her presence, or to stop harassing conduct about which the supervisor has knowledge.
Supervisors have a mandatory obligation to document in writing any harassing behavior that
they observe or are made aware of, and to promptly provide that report to the Personnel Officer.
A supervisor must report to the Personnel Officer within 48 hours of receiving notice of the
harassing behavior. Upon receiving a report, the Personnel Officer must discuss the nature of
the complaint with the complainant as soon as reasonably possible and in no event later than 48
hours from receipt of the report. The Personnel Officer will meet with the complainant to verify
the nature of the complaint and to inform the complainant as to how the complaint is being
handled, including providing the complainant with a copy of this Harassment Prevention Policy.
If for any reason the Personnel Officer is implicated in the alleged harassment or is otherwise
unavailable to respond to the complaint, then the supervisor must report the harassing behavior
to either the City Administrator, the Mayor or the Vice Mayor instead of the Personnel Officer.
In those instances, either the City Administrator, Mayor or Vice Mayor will be responsible for
meeting with the complainant as specified in the preceding paragraph. They will also cause the
City Council to be notified and to be convened as soon as reasonably possible to determine who
will investigate and respond to the complaint of harassment. The person designated by the City
Council to investigate and respond to the complaint of harassment will have all the
responsibilities that the Personnel Officer would otherwise have for investigating and responding
to the complaint of harassment.
3) Investigating Officer’s Responsibilities
All complaints of harassment will be investigated immediately and will commence no later than
ten (10) days from the date an incident is reported. The “Investigating Officer” will either be the
Personnel Officer or, in the event the Personnel Officer is implicated in any way in the
allegations of harassment, a person designated by the City Council to investigate and respond to
the complaint of harassment. The Personnel Officer also has at his or her discretion the right to
designate an independent third party to be the Investigating Officer. The Investigating Officer
will discuss the nature of the complaint with the complainant as soon as reasonably possible and
in no event longer than three weeks from the date the complaint is made. The Investigating
Officer will have the duty to immediately bring all harassment and/or retaliation complaints to
the confidential attention of the City Administrator, the Mayor or Vice Mayor.
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Only those who have an immediate right to know, including the Investigating Officer, the
alleged target of harassment and/or retaliation, witnesses to the harassing behavior, and the
alleged harasser will or may find out the identity of the complainant. All individuals contacted in
the course of the investigation will be advised that all retaliation or reprisal will constitute a
separate actionable offense for which penalties may be implemented under this policy. All
investigations will be handled with discretion, sensitivity and due concern for the dignity of
those involved. All persons contacted or interviewed during the investigation will be instructed
not to discuss the subject matter of the investigation in order to protect the privacy of all those
participating in the investigation.
The investigation will be as extensive as required, based upon the nature of the allegations. All
persons named as potential witnesses by the complainant will be contacted during the course of
the investigation, and those witnesses who have information relevant to the issues of the
complaint will be interviewed. The individual who is alleged to have committed acts of
harassment will be contacted during the investigation. That individual will be informed of the
allegations being made against him or her and be given the opportunity to respond to the
allegations including the opportunity to identify witnesses. Any accused employee has the option
to be represented during investigation by a support person of his or her choice.
The complainant may expect a timely resolution of the complaint. The complainant will be kept
apprised of the status of the complaint on a regular basis by the Investigating Officer.
A) Investigating Officer’s Responsibilities to Complainant
The Investigating Officer has the following responsibilities to the complainant:
1. Meet with the complainant as soon as mutually convenient and ideally no more than
two weeks from the date the report is received;
2. Inform the complainant about the City’s Harassment Prevention Policy and inform the
complainant that he or she is guaranteed to be safe from retaliation. Inform the complainant that
he or she is required to immediately report any retaliation, purported retaliation, or ongoing
harassment he or she may experience. Review with the complainant the City’s complaint
procedures and answer any questions that the complainant may have regarding the City’s
Harassment Prevention Policy;
3. Inform the complainant about the other available legal options, including but not
limited to filing a written complaint with state and federal compliance agencies;
4. Inform the complainant that while every reasonable effort will be made to protect the
confidentiality and privacy of the individuals involved, the conduct of the investigation requires
that the alleged harasser be informed of the allegations, and that witnesses be interviewed;
5. Ask the complainant to tell the entire story in his or her own words. Listen to the
complainant’s allegations and document the relevant facts such as dates, times, situations,
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witnesses and any other relevant facts. Discuss the actions complained of with discretion,
sensitivity and due concern for the dignity of everyone involved;
6. Ask the complainant what remedies he/she feels will resolve the complaint;
7. Advise the complainant that the meeting will be documented in writing and filed in
the Harassment Complaint File under the security of the Personnel Officer or appropriate
personnel.
B) Investigating Officer’s Responsibilities to Alleged Harasser
The Investigating Officer has the following responsibilities to the alleged harasser:
1. Inform him or her of the basis of the complaint and the right to be represented by an
individual of his or her choice throughout the process;
2. Give him or her an opportunity to respond to the complaint, and afford him or her the
same listening and respectful approach that was accorded the person who filed the complaint and
the other witnesses.
3. Caution him or her that no retaliation is permitted, regardless of the outcome of the
investigation and that he or she may not in any way treat the employee who filed the complaint
differently than any other employee.
C) General Investigation Guidelines
The following general Investigation Guidelines apply to all investigations:
1. Investigations will be timely and as extensive as required, based on the nature of the
allegations. All persons named as potential witnesses and those who may have information
relevant to the issues of the complaint will be contacted and interviewed during the course of the
investigation. Every reasonable effort must be made to complete the investigation and take
remedial action as soon as reasonably possible following the initial report of harassing behavior.
2. The Investigating Officer may involve an outside facilitator such as legal counsel or
an independent investigator to assist in the investigation procedure, including conducting
interviews with employees who may be more comfortable speaking candidly to an objective
outsider.
3. All investigations must be documented in writing and will be handled with discretion,
sensitivity and due concern for the dignity of those involved. Every reasonable effort will be
made to restrict information on the specifics of the complaint to those who are participating in
the investigation: the complainant, the alleged harasser, witnesses, and department management.
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4. All persons contacted or interviewed during the investigation will be requested not to
discuss the subject matter of the investigation in order to protect the privacy of all those
participating in the investigation.
5. If during the course of the investigation, the alleged harassment is reported to be
continuing, the Investigating Officer must notify the City Administrator, the Mayor or Vice
Mayor who will take such emergency or immediate action as may be necessary or appropriate
under the circumstances.
a. It is the policy of the City of Carmel-by-the-Sea that if the alleged
harasser is the complainant’s supervisor, the complainant must be
removed from direct supervision of that employee and that supervisor
must not participate in performance reviews of the employee pending the
outcome of the investigation. This action will not be considered a punitive
measure, but will be considered a protective measure for all involved.
6. At the conclusion of the investigation, the Investigating Officer must prepare a written
report of his/her findings as soon as reasonably possible but in no event later than 30 days from
completion of the investigation. If, at the conclusion of the investigation, it is found that
harassment has occurred, the Investigating Officer must forward his or her written findings,
along with any recommendations to the City Administrator, Mayor or Vice Mayor for
implementation of the disciplinary process, if any.
a. The type of disciplinary action recommended will be commensurate with
the severity of the offense and in accordance with the City’s approved
disciplinary action procedures, and must result in prompt and effective
remedial action.
b. Disciplinary action is subject to the applicable appeals process.
7. At the conclusion of the investigation, the Personnel Officer will advise the
complainant of the findings of the investigation. If the findings reveal that harassment has
occurred, the Personnel Officer will notify the complainant of the following:
a. Steps taken to correct the harassment. However, the specific manner of
discipline imposed may not be communicated to the complainant.
b. Action the complainant should take if the harassing behavior recurs.
8. Supervisory and management personnel must conduct follow-up inquiries with the
involved employee to determine if the alleged conduct has stopped or has resumed. These
inquiries must be documented in writing.
4) Administrative Leave
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Department management may place an employee on administrative leave with or without
pay to provide time to investigate and evaluate the circumstances regarding a complaint of
harassment. The department must consult with Human Resources prior to any administrative
leave action and obtain express approval from the City Administrator. In the event any
employee is placed on administrative leave in response to a complaint, the investigation should
be conducted immediately and a decision rendered within twenty-one (21) calendar days. If an
extension is necessary, the department must consult with Human Resources and the employee
must be notified of the extension. The City also reserves the right to sever its employment
relationship with an employee during the period of administrative leave.
5) Penalties
In determining the penalty in cases of harassment, the nature and severity of the claimed
misconduct, along with any other relevant factors, will be reviewed by management. City
management has the discretion to enact a more severe penalty against an accused harasser than
as set forth below.
If the investigation leads to a determination that the allegations of harassment are true, then the
City of Carmel-by-the-Sea will apply the following disciplinary consequences:
1. An employee may be immediately discharged for any act in which conduct is proven
or otherwise demonstrated to the satisfaction of the Investigative Officer and/or management.
2. Acts of harassment which are proven to be non-pervasive (limited in scope and
nature) will generally result in a warning and/or suspension upon the first offense and discharge
upon the second offense.
VII. MISCELLANEOUS GUIDELINES
1) Complaints Against Volunteers or City Council Appointees
This policy applies equally to volunteers, appointees of the City Council, and others, including
members of Boards, Commissions and Committees, the City Administrator, the City Attorney,
the City Engineer, and the City Treasurer.
Employees who believe they have been harassed by any of the above must follow the complaint
procedure previously specified including immediately reporting that behavior to any one of the
following individuals: his or her supervisor; the City’s Human Resources Personnel Officer; the
City Administrator; or the Mayor.
An investigation will then be undertaken by the Personnel Officer as previously specified. In
addition to those procedures, the completed investigation report will be distributed as follows:
204
1. If the alleged harasser is a volunteer: the report must be forwarded to the
appropriate management employee in charge of supervising the volunteer who
must take appropriate action.
2. If the alleged harasser is a member of a Board, Commission, or Committee, or is
the City Attorney, the City Engineer, or City Treasurer: the report must be given
to the Mayor, the Vice Mayor and the City Administrator. The Mayor or Vice
Mayor will oversee implementation of appropriate disciplinary action.
3. If the alleged harasser is the City Administrator: the report must be given to the
Mayor or Vice Mayor. The Mayor or Vice Mayor must review the findings and
make recommendations accordingly to the entire City Council.
2) Complaints Against Elected Officials
This policy applies equally to the Mayor, the Vice Mayor and members of the City Council.
Employees who believe they have been harassed by an elected official must follow the complaint
procedure previously specified including immediately reporting that behavior to any one of the
following individuals: his or her supervisor; the Personnel Officer; the City Administrator; or
the Mayor or Vice Mayor.
An investigation will then be undertaken by the Personnel Officer as previously specified.
Any employee who files a complaint against an elected official is assured of protection against
retaliation by that official under City policies, as well as by state and federal regulations.
If it becomes clear that an allegation against an elected official has substance and an internal
resolution is not possible, the complainant will be notified and referred to the state and federal
compliance agencies set forth below. This referral will be made because the City has no
administrative control over elected officials. Consequently, if remedial action is found to be
appropriate, the City would be unable to provide an effective remedy to the complainant.
3) Complaints Against Outside Parties (Non-Employees)
If the complaint is against an outside party or other non-employee not previously addressed in
this policy, then the complainant must follow the complaint procedure previously specified
including immediately reporting that behavior to any one of the following individuals: his or her
supervisor; the Personnel Officer; the City Administrator; or the Mayor or Vice Mayor.
An investigation will then be undertaken by the Personnel Officer as previously specified. The
extent of the City’s control and any other legal responsibility which the City may have with
respect to the conduct of the non-employee will be considered.
If the investigation finds the harassment occurred during the course and scope of work of the
non-employee, this information must be forwarded to his or her employer for corrective action.
If the non-employee has no employer affiliation, such as a private citizen, appropriate action will
205
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be taken to prevent a recurrence. Such action may include modification of assignments to ensure
no future contact, provide or add security, and the like.
Each case for non-employees must be handled on an individual basis to determine the most
effective remedy to stop the harassment.
4) Duty of Cooperation
An effective harassment policy requires support of all of the City of Carmel-by-the-Sea’s
personnel. Anyone who engages in harassment and/or retaliation or who fails to cooperate with
any City of Carmel-by-the-Sea sponsored investigation may be disciplined by suspension or
termination from employment. Any City of Carmel-by-the-Sea official who refuses to
implement remedial measures, who obstructs remedial efforts, or who retaliates against
complainants, witnesses or the alleged harasser may be disciplined by suspension or termination
from employment.
5) State and Federal Compliance Agencies
Nothing in this policy will be interpreted so as to deny the right of any employee who believes
he or she has been harassed to file a complaint with the state and or federal compliance agency
and/or bring suit in state or federal court. However, time limits for filing complaints with
compliance agencies vary and employees should check directly with those agencies for specific
information.
The state and federal compliance agencies may be contacted at the following addresses:
(State) Department of Fair Employment and Housing
111 North Market Street, #810
San Jose, CA 95113-1102
(408) 227-1264
(Federal) Equal Employment Opportunity Commission
901 Market Street, Suite 500
San Francisco, CA 94103
(415) 744-6500 or
1-800-669-3362
VIII. EFFECTIVE DATE
Passed and adopted by resolutions of the City Council on ____________________ (date).
FOREST AND BEACH COMMISSION AGENDA & MINUTES April 2011
CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
REGULAR MEETING AGENDA
Thursday, 7 April 2011
Regular Meeting – 1:30 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: TOM LEVERONE, CHAIRPERSON
LESLIE KADIS
TODD HORNIK
JOE FORD
LISA BOARDMAN
II. PLEDGE OF ALLEGIANCE
III. 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.
IV. CONSENT AGENDA
1. Consideration of the minutes for the 3 March 2011 regular meeting and the 9 March 2011 special meeting.
V. ORDERS OF BUSINESS
1. Receive a presentation from volunteers working in Mission Trail Nature Preserve on their efforts and their goal for city support.
2. Provide the Planning Commission a recommendation on potential new bench locations along the Scenic Road pathway
3. Determine what information to provide in monthly Foresters report.
VI. REPORTS FROM STAFF AND COMMISSION
1. Receive verbal report from the Ad Hoc Beach Committee.
2. Forester’s reports:
a. Trees planted
b. Trees removed.
c. Storm damage report
VII. 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:
5 May 2011
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.
CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
MEETING MINUTES
7 April 2011 Thursday 1:30 a.m.
I. CALL TO ORDER AND ROLL CALL
The regular meeting of the Forest and Beach Commission of the City of Carmel-by-the-Sea, California was held on the above date at the hour of 1:30 p.m. Chairperson Leverone called the meeting to order.
PRESENT: Joe Ford
Lisa Boardman
Tom Leverone - Chairperson
Todd Hornik
Les Kadis
ABSENT: None
STAFF PRESENT: Mike Branson, City Forester
Margi Perotti, Secretary
II. PLEDGE OF ALLEGANCE
Members of the audience joined the Commission in the Pledge of Allegiance.
III. CONSENT AGENDA
1. Consideration of the minutes for the 3 March 2011 regular meeting and the 9 March 2011 special meeting.
Commissioner HORNIK moved to approve the consent calendar, seconded by LEVERONE and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: BOARDMAN, FORD, HORNIK, KADIS,LEVERONE
NOES: COMMISSION MEMBERS: NONE
ABSTAINED: COMMISSION MEMBERS: NONE
ABSENT: COMMISSION MEMBERS: NONE
IV. ORDERS OF BUSINESS
1. Receive a presentation from volunteers working in Mission Trail Preserve on their efforts and their goal for City Support.
Karen Ferlito introduced the members that have been working on the invasive removal program and gave her presentation.
Gary Girard discussed the outreach efforts of this group.
Greg D’Ambrosio discussed the draft document that outlines the goals and mission of the Friends of the Mission Trail Park Nature Preserve support group and the benefits of maintaining this Natural resource.
Joyce Stevens discussed the history of Mission Trail Nature Preserve, including the natural environment, special status species, flora and fauna, geology (6 different habitat areas), the Arboretum, Native American presence in the park, Carmel Mission influence, artists in the canyon and the Flanders Mansion.
Randall Bishop talked about volunteerism and the need of getting younger people more involved.
Bill Doolittle also stated his father purchased and donated a large part of the park to the city .
Marge Adams backbone of the arboretum was introduced.
Commissioner KADIS moved Commissioner HORNIK seconded to send a recommendation to the City Council to approve/endorse the Friends of Mission Trail Park Nature Preserve support group. The motion carried by the following roll call vote:
AYES: COMMISSION MEMBERS: BOARDMAN, FORD, HORNIK, KADIS, LEVERONE
NOES: COMMISSION MEMBERS: NONE
ABSTAINED: COMMISSION MEMBERS: NONE
ABSENT: COMMISSION MEMBERS: NONE
2. Provide the Planning Commission a recommendation on potential new bench locations along the Scenic Road Pathway.
Mike Branson, City Forester presented his presentation.
Chairperson Leverone opened and closed the public hearing – no appearances.
Chairperson Leverone asked that everyone turn in there map and recommendations. Leverone directed staff to construct an overlay of the new benches and present it at the next regular meeting.
No further action taken.
3. Determine what information to provide in the monthly Foresters report.
Chairperson Leverone opened the public hearing. Steve Brooks appeared before the Commission. There being no further appearances the public hearing was closed.
Following discussion it was moved by Commissioner Hornik to let the City Forester provide the information in a format that the City Forester feels is appropriate, seconded by Commissioner Kadis. The motion carried by the by the following roll call vote:
AYES: COMMISSION MEMBERS: BOARDMAN, FORD, HORNIK, KADIS, LEVERONE
NOES: COMMISSION MEMBERS: NONE
ABSTAINED: COMMISSION MEMBERS: NONE
ABSENT: COMMISSION MEMBERS: NONE
V. REPORTS FROM STAFF AND COMMISSION
1. Receive verbal report from the Ad Hoc Beach Committee
Commissioner Hornik reported a rusted jagged metal pipe at the 12th street stairs, on the north side of the wall. Commissioner Boardman reported the beach looked clean and great.
2. Forester’s report
Mike Branson, City Forester presented his report.
V. ADJOURNMENT
There being no further business, Chairperson LEVERONE adjourned the meeting at 4:15 p.m.
Approved, Respectfully submitted,
___________________________ ____________________________
Tom Leverone Margi Perotti, Secretary to the Commission
Chairman
FOREST AND BEACH COMMISSION
REGULAR MEETING AGENDA
Thursday, 7 April 2011
Regular Meeting – 1:30 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: TOM LEVERONE, CHAIRPERSON
LESLIE KADIS
TODD HORNIK
JOE FORD
LISA BOARDMAN
II. PLEDGE OF ALLEGIANCE
III. 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.
IV. CONSENT AGENDA
1. Consideration of the minutes for the 3 March 2011 regular meeting and the 9 March 2011 special meeting.
V. ORDERS OF BUSINESS
1. Receive a presentation from volunteers working in Mission Trail Nature Preserve on their efforts and their goal for city support.
2. Provide the Planning Commission a recommendation on potential new bench locations along the Scenic Road pathway
3. Determine what information to provide in monthly Foresters report.
VI. REPORTS FROM STAFF AND COMMISSION
1. Receive verbal report from the Ad Hoc Beach Committee.
2. Forester’s reports:
a. Trees planted
b. Trees removed.
c. Storm damage report
VII. 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:
5 May 2011
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.
CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
MEETING MINUTES
7 April 2011 Thursday 1:30 a.m.
I. CALL TO ORDER AND ROLL CALL
The regular meeting of the Forest and Beach Commission of the City of Carmel-by-the-Sea, California was held on the above date at the hour of 1:30 p.m. Chairperson Leverone called the meeting to order.
PRESENT: Joe Ford
Lisa Boardman
Tom Leverone - Chairperson
Todd Hornik
Les Kadis
ABSENT: None
STAFF PRESENT: Mike Branson, City Forester
Margi Perotti, Secretary
II. PLEDGE OF ALLEGANCE
Members of the audience joined the Commission in the Pledge of Allegiance.
III. CONSENT AGENDA
1. Consideration of the minutes for the 3 March 2011 regular meeting and the 9 March 2011 special meeting.
Commissioner HORNIK moved to approve the consent calendar, seconded by LEVERONE and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: BOARDMAN, FORD, HORNIK, KADIS,LEVERONE
NOES: COMMISSION MEMBERS: NONE
ABSTAINED: COMMISSION MEMBERS: NONE
ABSENT: COMMISSION MEMBERS: NONE
IV. ORDERS OF BUSINESS
1. Receive a presentation from volunteers working in Mission Trail Preserve on their efforts and their goal for City Support.
Karen Ferlito introduced the members that have been working on the invasive removal program and gave her presentation.
Gary Girard discussed the outreach efforts of this group.
Greg D’Ambrosio discussed the draft document that outlines the goals and mission of the Friends of the Mission Trail Park Nature Preserve support group and the benefits of maintaining this Natural resource.
Joyce Stevens discussed the history of Mission Trail Nature Preserve, including the natural environment, special status species, flora and fauna, geology (6 different habitat areas), the Arboretum, Native American presence in the park, Carmel Mission influence, artists in the canyon and the Flanders Mansion.
Randall Bishop talked about volunteerism and the need of getting younger people more involved.
Bill Doolittle also stated his father purchased and donated a large part of the park to the city .
Marge Adams backbone of the arboretum was introduced.
Commissioner KADIS moved Commissioner HORNIK seconded to send a recommendation to the City Council to approve/endorse the Friends of Mission Trail Park Nature Preserve support group. The motion carried by the following roll call vote:
AYES: COMMISSION MEMBERS: BOARDMAN, FORD, HORNIK, KADIS, LEVERONE
NOES: COMMISSION MEMBERS: NONE
ABSTAINED: COMMISSION MEMBERS: NONE
ABSENT: COMMISSION MEMBERS: NONE
2. Provide the Planning Commission a recommendation on potential new bench locations along the Scenic Road Pathway.
Mike Branson, City Forester presented his presentation.
Chairperson Leverone opened and closed the public hearing – no appearances.
Chairperson Leverone asked that everyone turn in there map and recommendations. Leverone directed staff to construct an overlay of the new benches and present it at the next regular meeting.
No further action taken.
3. Determine what information to provide in the monthly Foresters report.
Chairperson Leverone opened the public hearing. Steve Brooks appeared before the Commission. There being no further appearances the public hearing was closed.
Following discussion it was moved by Commissioner Hornik to let the City Forester provide the information in a format that the City Forester feels is appropriate, seconded by Commissioner Kadis. The motion carried by the by the following roll call vote:
AYES: COMMISSION MEMBERS: BOARDMAN, FORD, HORNIK, KADIS, LEVERONE
NOES: COMMISSION MEMBERS: NONE
ABSTAINED: COMMISSION MEMBERS: NONE
ABSENT: COMMISSION MEMBERS: NONE
V. REPORTS FROM STAFF AND COMMISSION
1. Receive verbal report from the Ad Hoc Beach Committee
Commissioner Hornik reported a rusted jagged metal pipe at the 12th street stairs, on the north side of the wall. Commissioner Boardman reported the beach looked clean and great.
2. Forester’s report
Mike Branson, City Forester presented his report.
V. ADJOURNMENT
There being no further business, Chairperson LEVERONE adjourned the meeting at 4:15 p.m.
Approved, Respectfully submitted,
___________________________ ____________________________
Tom Leverone Margi Perotti, Secretary to the Commission
Chairman
COMMUNITY ACTIVITIES & CULTURAL COMMISSION AGENDA & MINUTES April 2011
CITY OF CARMEL-BY-THE-SEA
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
AGENDA
Regular Meeting
Tuesday April 12, 2011 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 special meeting of March 8, 2011.
V. Orders of Business
A. Consideration of Jeff Burghardt, “Carmel Uncorked” Event, Sept. 24, 2011
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
15th Annual Breakfast with the Bunny & Bunnyland: Sat., Apr. 23, 2011, 8:30 a.m.
18th Annual Carmel Art Festival, May 12-15, 2011
31st Annual Surf-About Contest, Fri/Sat, May 28-29, 2011
Memorial Day Ceremony, Mon., May 31, 2011, 11:00 a.m.
4th of July Celebration, Mon., July 4, 2011, Devendorf Park 12:00 Noon
4th Annual Carmel-by-the-Sea Concours on the Avenue, Aug. 16, 2011,
Concours d’Elegance Vintage Car Parade & Display, Thurs., Aug. 18, 2010, 11:30 a.m.
PG Auto Rally, Fri., Aug. 19, 2010, 6:00 p.m.
51st Annual Sandcastle Contest, TBD
Carmel High Homecoming Parade, Fri., Sept. 30, 2011, 3:00 PM/Ocean Ave.
3rd Annual Carmel Art & Film Festival, Oct. 6-9, 2011, Various locations
95th City Birthday Party & Halloween Parade, Oct. 29, 2011, 11:00 AM/12 Noon Lunch
Veteran’s Day Ceremony, Fri., Nov. 11, 2011, 11:00 a.m., Devendorf Park
41st Annual Homecrafters’ Marketplace, Sat., Nov. 19, 2011, Sunset Center
Holiday Tree Lighting, Fri., Dec. 2, 2011, 4:30 p.m.
Future Agenda Items
IX. Adjournment
The next regular meeting of the Community Activities & Cultural Commission Is Tuesday, May 10, 2011 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.
MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA
APRIL 12, 2011
I. CALL TO ORDER AND ROLL CALL
PRESENT: Commission Members Klaumann, Jett, Dixon, Rachel, Kohrs
ABSENT: NONE
STAFF PRESENT: Heidi Burch, Assistant City Administrator
Cindi Lopez-Frincke, Community Services Assistant
Sarah Gunter, 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 March 8, 2011 meeting seconded by Commissioner RACHEL and carried by the following roll call vote:
AYES: KLAUMANN, JETT, RACHEL, DIXON, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
V. ORDERS OF BUSINESS
A. Consideration of Jeff Burghardt, “Carmel Uncorked” Event, Spet
Jeff Burghardt presented the Commission his proposal to hold a wine-walk on Saturday, September 10, 2011, 1 p.m. to 5 p.m., sponsored by the City. A motion was made by KORHS and seconded by JETT recommending that Jeff Burghardt appear before the City Council. The motion passed unanimously.
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. Consideration from Tom Burns, Carmel Art & Film Festival Requesting A Waiver of all Fees For His Event on October 12-16, 2011.
B. Consideration from Ben Beesley and Monta Potter to hold a “Beer Garden” on San Carlos between 6th & Ocean on Thursday, August 18, 2011.
IX. ADJOURNMENT
There being no further business to come before the Commission, Chair Klaumann adjourned the meeting at 10:14 a.m.
Respectfully submitted,
___________________________________________
Cindi Lopez-Frincke, Community Services Assistant
ATTEST:
_______________________________________
Clyde Klaumann, Chair of the Commission
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
AGENDA
Regular Meeting
Tuesday April 12, 2011 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 special meeting of March 8, 2011.
V. Orders of Business
A. Consideration of Jeff Burghardt, “Carmel Uncorked” Event, Sept. 24, 2011
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
15th Annual Breakfast with the Bunny & Bunnyland: Sat., Apr. 23, 2011, 8:30 a.m.
18th Annual Carmel Art Festival, May 12-15, 2011
31st Annual Surf-About Contest, Fri/Sat, May 28-29, 2011
Memorial Day Ceremony, Mon., May 31, 2011, 11:00 a.m.
4th of July Celebration, Mon., July 4, 2011, Devendorf Park 12:00 Noon
4th Annual Carmel-by-the-Sea Concours on the Avenue, Aug. 16, 2011,
Concours d’Elegance Vintage Car Parade & Display, Thurs., Aug. 18, 2010, 11:30 a.m.
PG Auto Rally, Fri., Aug. 19, 2010, 6:00 p.m.
51st Annual Sandcastle Contest, TBD
Carmel High Homecoming Parade, Fri., Sept. 30, 2011, 3:00 PM/Ocean Ave.
3rd Annual Carmel Art & Film Festival, Oct. 6-9, 2011, Various locations
95th City Birthday Party & Halloween Parade, Oct. 29, 2011, 11:00 AM/12 Noon Lunch
Veteran’s Day Ceremony, Fri., Nov. 11, 2011, 11:00 a.m., Devendorf Park
41st Annual Homecrafters’ Marketplace, Sat., Nov. 19, 2011, Sunset Center
Holiday Tree Lighting, Fri., Dec. 2, 2011, 4:30 p.m.
Future Agenda Items
IX. Adjournment
The next regular meeting of the Community Activities & Cultural Commission Is Tuesday, May 10, 2011 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.
MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA
APRIL 12, 2011
I. CALL TO ORDER AND ROLL CALL
PRESENT: Commission Members Klaumann, Jett, Dixon, Rachel, Kohrs
ABSENT: NONE
STAFF PRESENT: Heidi Burch, Assistant City Administrator
Cindi Lopez-Frincke, Community Services Assistant
Sarah Gunter, 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 March 8, 2011 meeting seconded by Commissioner RACHEL and carried by the following roll call vote:
AYES: KLAUMANN, JETT, RACHEL, DIXON, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
V. ORDERS OF BUSINESS
A. Consideration of Jeff Burghardt, “Carmel Uncorked” Event, Spet
Jeff Burghardt presented the Commission his proposal to hold a wine-walk on Saturday, September 10, 2011, 1 p.m. to 5 p.m., sponsored by the City. A motion was made by KORHS and seconded by JETT recommending that Jeff Burghardt appear before the City Council. The motion passed unanimously.
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. Consideration from Tom Burns, Carmel Art & Film Festival Requesting A Waiver of all Fees For His Event on October 12-16, 2011.
B. Consideration from Ben Beesley and Monta Potter to hold a “Beer Garden” on San Carlos between 6th & Ocean on Thursday, August 18, 2011.
IX. ADJOURNMENT
There being no further business to come before the Commission, Chair Klaumann adjourned the meeting at 10:14 a.m.
Respectfully submitted,
___________________________________________
Cindi Lopez-Frincke, Community Services Assistant
ATTEST:
_______________________________________
Clyde Klaumann, Chair of the Commission
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