Request for Judicial Notice in Support of Defendant City 02-05-15 (m130393)

8/9/2019 Request for Judicial Notice in Support of Defendant City 02-05-15 (m130393)

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1 Vincent P. Hurley 111215

Rachel Ostrander 291890

2 LAW OFFICES OF VINCENT P. HURLEY

A Professional Corporation

3 28 Seascape Village

Aptos, California 95003

4 Telephone: (831) 661-4800

Facsimile: (831) 661-4804

5

Attorneys for Defendant

6 CITY OF CARMEL BY THE SEA

7

8

9

10

12

13

14

15

16

17

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF MONTEREY

GERlT SAND; COBBLESTONE )

BAKERY, A SOLE PROPRIETORSHIP )

Plaintiff,

vs.

CITY OF CARMEL BY THE SEA;

DOES 1 THROUGH 20,

Defendant.

)

j

Case No. M130393

REQUEST FOR WDICIAL

NOTICE IN SUPPORT OF

DEENDANT CITY OF CARMEL

BY THE

SEA S

DEMURRER TO

COMPLAINT OF PLAINTIFF

Date: March 6 2015

Time: 9:00 a.m.

Dept.: 14

18 Pursuant to California Evidence Code section 452(c) and California Code

of

Civil

19 Procedure section 430.70, Defendant CITY OF CARMEL BY THE SEA requests that this Court

20 take judicial notice of the following items:

21

REQUEST

FOR

JUDICIAL NOTICE NO. 1:

22

Exhibit

A: The license Agreement between the City

of

Carmel by the Sea and West

23 Coast Farmers Market Association (WCFMA) entered into

on

May 29

,2013

.

24

REQUEST

FOR

JUDICIAL NOTICE NO.

1:

25 Exhibit B: Minutes of the City Council

of

Carmel by the Sea from July 1, 2014.

26 California Evidence Code sections 452(a), (b), (c), and

(h),

which allQw the court to take

27 judicial notice of (a) The decisional, constitutional, and statutory law of any state of he United

28 State's and the resolutions and private acts of the Congress of the United States and

of

he

RJN

ISO Ci

ty

' s Demurrer to Complaint Case No. M

l3

0393


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Legislature ofthis state; (b) Regulations and legislative enactments issued by or under the

authority

ofthe

United States or any public entity

in

the United States; (c) Official acts of the

legislative, executive, and judicial departments of the United States and ofany state

of

the

United

States; and (h) Facts and propositions that are not reasonably subject to dispute and are

capable

of

immediate and accurate determination

by

resort to sources

of

reasonably indisputable

accuracy. This includes licenses issued by a state agency. C R v Tenet Healthcare

Corp

169

Cal.4th 1094, 1102-1103 (2009).

California Evidence Code 452( d) allows the court

to

take judicial notice

of

records ofany

court

of

this state, and includes matters shown in

exhibits

attached to the complaint and

incorporated by reference.

Frantz

v

Blackwell

189 CA3d 91, 94 (1987).

Dated: February 5, 2015

R N

ISO City s

em

urrer to Complaint

LAW OFFICES OF VINCENT P. HURLEY

A Professional Corporation

RACHEL OSTRANDER

Attorneys for Defendant CITY OF CARMEL

2

Case No. M130393


3/39

EXHI IT


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LICENSE AGREEMENT

THIS LICENSE

AGREEMENT,

dated

f/f

liiJ

,

013,

between THE CITY

OF

CARMEL-BY- H E S E A ~ a municipal corporation ( Cit)r1faid WEST COAST FARMERS

MARKET ASSOCIATION ( WCFMA ) is made with reference to the following facts:

A City is the owner

of

a public parking lot generally located on

g h

between Mission and San

Carlos, commonly known as the North Lot (''the Lot ).

B. WCFMA desires to operate a farmers market at the Lot and the City is willing to grant a

revocable license to WCFMA to use and occupy the Lot for the purposes authorized by this

Agreement, subject to all of he terms and conditions hereinafter set forth.

NOW THEREFORE It

is agreed

as

follows:

I.

Grant of

License. City hereby grants to WCFMA a revocable license

to

use and occupy

a portion of he Lot for the purpose ofoperating a farmers market wherein participating

merchants will be engaged in the retail sale ofagricultural products and other items

customarily offered at a fanners m11rket for sale to the general public. WCFMA agrees to

adhere to the guidehnes regarding the composition ofvendors, products and aesthetic

requirements established by the City. The license granted herein shall authorize use and

occupancy of he Lot only by WCFMA and

its

authorized agents and participating

merchants who are engaged in p ~ t o n of the farmers market pursuant to an agreement

with WCFMA ( Participating Merchants ). The agreement between

WCFMA

and the

Participating Merchants

shall

require each Participating Merchant

to

comply with all

of

the applicable conditions and requirements set forth in this License Agreement

2

License .Area. The area of the Lot to be occupied by WCFMA shall be instde the Lot

parking lot generally located on 8th between Mission and San Carlos, commonly known

as the.North

Lot

{the License Area). Once established, the total number ofbooths shall

not be increased without prior written approval of the CityAdmimstrator or his/her

designee. WCFMA agrees to accommodate monthly parking permit holders

and

those

vehicles authorized by the City in an area designated by the City instde the Lot

3. Condition

of

i ~ e n s e

Area.

Use

of

h.e License Area is being granted to

WCFMA ijt

its

present condition and

C1ty

shall have no obligation to make any alterations or

improvements

to

the License Area to accommodate WCFMA ·s use. WCFMA

acknowledges that City has made no representations or warranties concerning the

condition of he License Area or its suitability for WCFMA's intended use

t

shall be the

sole responsibility ofWCFMA. to conduct such inspections of he License Area as it

deems necessary to satisfy itself hat the License Area can be used for the purposes

intended by WCFMA and its .Participating Merchants. WCFMA further acknowledges

that no water. electricity, or other utility service will be provided byC1ty to the License


5/39

Area; however, at the request ofWCFMA, City will provide electrical service through

the existing electrical outlets at the Lot,

at

the same cost as nonnally

h r g ~

by City to

persons using electricity in connection with the conduct of an event at the Lot. All

electrical installations and connections shall be subject to approval by the Directorof

Public Services or her designated representative.

4.

Time ofOperation. It is anticipated that the farmers market will be operated by

WCFMA on Thursday afternoons between the hours of10A.M. and 2 P.M., with set to

begin at SA.M. and tear down

to run

from 2P M. to 4P M. from June 20, 2013

to

June 25,

2014, 2013. The market will continue to operate during these established hours during

any granted extension period unless modified by the direction of he City Administrator.

5. Term ofLicense. The initial

tenn

of his license shall be for a period of welve

12)

months, commencing on June 20, 2013 and ending on June 24, 2014. WCFMA may

request extensions ofth.e tenn for additional periods of welve

12)

months each by

submitting a written request for extension to the City Administrator prior to expiration of

the current tenn. Nothing herein shall obligate

City

to grant

an

extension

of

he imtial

term or any renewal term, and the grantingofone or more extensions shall not prevent

Ctty from refusmg to grant any later extension.

6. Termination

of

License

Prior

to Expiration ofCurrent Term WCFMA may

terminate the license at any time during the initial

or

any extended

term

by giving written

notice

to

the City Administrator t t i n g the effective date of ermination. City reserves the

right to terminate the license prior to expiration of he initial term or any renewal tenn,

with

respect to all or any portion of he License

Area,

upon fifteen 15) days prior written

notice

to

WCFMA, in the event City requires use of he License Area for any public

purpose and such use cannot reasonablybe conducted at an alternative location, or

if

the

Director

of

Public Smvices determines that

the

operation

of

the

fanners

market

is

causing

daxnage

to

the Lot, or creates a

o r

health or safety hazard

ity

may also tenninate

the license in the eventof

any

default by WCFMA in the perfonnance of ts obligations

under this Agreement and such default is not cured within ten (10) days after

written

nonce thereof to WCFMA, or such other pertod oftime as may be specified tn the notice.

7. Permitted Uses. The License Area shall be used and occupied by WCFMA solely for the

pw:pose

of

operating a farmers market and related activities; such as entertainment for

shoppers, and for no other purpose without the prior written approval ofCity. Amplified

sound may be utilized by the market manager, however, no amplified

sound

of

any

kind

shall be used

by

vendors. All Participating Merchants shall

be

instructed

by

WC FMA to

park their vehicles in spaces designated by the

City

.

City shall have no responsibility for

provtding security service for the Ucense reaor operation of he farmers market

therein, other than normal police patrols that are routinely conducted within central

Carmel

8. CompHantewith Legal Requirements. WCFMA and its Participating Merchants shall

stnctly comply wtth all applicable federal, state and local laws

and

regulations

concerning transportation, handling, storage; and sale of food and other products offered


6/39

for sale by the Participating Merchants

at

the

farmers

market.

WCFMA shaH

strictly

comply with all applicable laws, ordinances

and

regulations pertainingto the operation

of

a fanners market. Prior

to

commencement of the first market day,

WCFMA

shall obtain

and require each vendor

to

obtain a City

of

Carmel-by-the-Sea Business License and

WCFMA

shall keep and maintain such licenses

n

full

force

and

effect

at

all times during

the

tenn of

his License Agreement.

9.

aean up

on Market Days. Upon the conclusion ofeach market day,

WCFMA

and its

Participating Merchants shall thoroughly clean the License r e ~ remove all trash, waste,

and debris to the available trash receptacles provided bythe City,

and

restore the

i ~ s e

Area to substantially the same condition as

ex1sted

before the conductof he event,

including the repair ofany damage to City property resultingfrom the market activities.

Should the

trash,

waste and

debri S

exceed the capacityof the trash receptacles currently

available, WCFMA will provide additional receptacles. No storage ofmatenals will be

allowed on site. ·

10.1ndem.nity.

WCFMA agrees to indemnify, defend,

and

hold City,

and

its officers,

officials, boards. corrunisstons, employees,

and

agents, harmless

from

and against any

and

ll

claims, demands, causes

of

action,

l i b i l i t i e s ~

costs

or

expenses, including

attorney's fees, occasion by

or

in any way connected with the condition, use

or

misuse of

the License Area

or

the operation

of

a farmers market thereon, or occasioned by any

negligent act

or

omission ofWCFMA

or

its Participating Merchants, or arising from any

breach

of

his License Agreement by WCFMA or any

of ts

Participating Merchants. The

indemnity obligations ofWCFMA set forth hereinshall survive

and

o n t i n u ~ beyond the

tenn of

his License Agreement.

11 , Liability Insurance. During the term of his License Agreement,

WCFMA

shall procure

and

maintain in full force

and

effect at

WCFMA

•s

e-xpense

: (i) comprehensive general

liability insurance with

an

aggregate limit

of

not less than One Million Dollars

( 1,000,000.00) per occurrence. insuring against

all

hability ofWCFMA and City for

bodily injury and property damage arisingo.ut ofor

in ~ n n e t i o n

with

WCFMA

s, use

and occupancyof he License Area and lso insuring performance by WCFMA)

of

he

indemnity

proVIsions

set for n Section

12

ofthts License Agreement. The amountof

such general liability insurance shall not limit WCFMA'

s

liability nor relieve

WCFMA

ofany

obligations under this License Agreement. The general liability insurance policy

shall name City, and its officers, officials, boards. commissions, employees,

agents, and

volunteers as insured parties there under, and shall be endorsed

to

provide that ;

(i)

the

insurance coverage there under shall be primary wtth respect to

City; and (ii)

no

cancellation

or

reduction in coverage

w ll

bt; made without ten

(10)

days prior written

notice to

City by

the carrier.

12.

Notices.

ny

notice required or permitted to be given hereunder shall be

in

writing

and

shall be

mailed or

personally delivered to the other party at the following address:

CityofCarmel-by-the-Sea

City Administrator


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POBoxCC

Carmel-by-the-Sea, CA 93921

West Coast Fanners Market Association

Attn: Jerry Lami

209 Yatborough

Lane

Redwood C1ty. CA

94061

13. Cost ofSuit. n the event legal action between city and WCFA shall become necessary

in order

to

enforce or intetpret this License Agreement. or any provision contained

herein, the prevailing party shall be entitled to recover all costs and expenses that may be

incurred in connection therewith, including reasonable attorney s fees.

14

. No Assignment. This License is personal

to

WCFMA and may not ~ assigned

or

transferred

to

any other party without the prior written consent

of

City.

15. Successors

and

Assigns. SubJect to the restrictions against assignment

y

WCFMA, this

LicenSe Agreement shall be binding upon and inure to the benefit of he respective heirs,

executors, administrators, personal representatives,

successors

.and

assigns

of

the

partJ.es

hereto.

IN

WITNESS

1

HEREOF, the parties have executed this License Agreement the day and

year first above written.

CITY

OF

CARMEL-

BY

THE-SEA

By

:

J A S ~ W E L L

City Adlillnistrator

WEST COAST FARMERS

MARKE.

T

S S O C J A T ~

By: ~ - · T .

R J


8/39

West Coast Farmers Market Association

Carmel by the Sea

Certified Fan:o.ers Iv.larket

Rules and Regulations 2013

- -


9/39

able

of Contents

Cover

Page

Table of

Contents

Mission Statement

Rules and Regulations

Non-Compliance

and Penalties

Glossary

of

Tenns

Signature Page

Resale Enforcement Agreement

Sublease from

Cupertino

Oaks

Shopping Center

Page

1

Page2

Page

Page4 10

Page

10

Page

10 11

Page 12

Page 13

Page 14 15 16 17

-----2

·r-

b------------·------·- ------·------ -------------


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Mission Statement

To establish create and operate a weekly year-round food event encompassing

Certified

a r m e r s ~ Market

local restaurants and

wine tasting

shops local merchants and

regional

food

producers. The

CFM w ll

specialize

n

local farmers

and

ranchers which

exemplify

central

California agriculture.

The

surrounding marketplace will showcase

local restaurants sampling prepared

foods

produced with local seasonal

ftesh

produce

and locally

grown

and produced

wines

sampled

y

.local wine shops and

wineries.


11/39

Rules

and

Regulations

I. EligibilityofSellers.

A

Certified

Producers and Producers.

1. Certified producers, producers, their

immediate

family

or

relatives

residing in the producer s household, and their

employees may

sell at the

market. An employee is

any

person

employed

by the producer t a regular

salary

or

wage;

it

does not include

a

person who is reselling

or

who

compensation is primary based on a commission of

sales.

B .

Food Vendor and

Artisans.

I . Following the producerMtoMconsumer traditions

of

he Certified Farmers

Market, food purveyors and

artisans must produce

the products they sell.

Resale

of

products is not allowed in the market

by

either

the

Food

Purveyor or his/her employees. Subcontracting s8les through

distributorships

is

not allowed. All foods must remain the property

of

he

Food Produceruntil the time ofsale to the final

consumer.

2. Food Vendors must a follow

all

state, county and local regulations

applicable

to

the production, and sale

of ood

products. All laws

and

regulations are taken in account upon application to WCFMA

and

before

entry into any marlcet operated by WCFMA.

C.

Guidelines

to

participate

as a

seller.

l

Fill out application. Renewing members must complete a yearly

applicationand send in their membership dues byFebruary 15 of he

current year (Not applicable to

2013)

. Prospective members

may

fill out

an application and send

in

the membership dues

at

any time. WCFMA

will review all applications and determine entry into markets annually.

a. Priority will be given to returning

members

over

prospective members.

b. Any prospective

or

renewing member not placed in a

market Will have the Membership Fee refunded.

c.

Membership application from a renewing member

Will be

given

first

consideration over non-members.

d. Criteria for admittance into Market:

i

Agricultural producers. Prioritywill be given

to

certified organic growers from Monterey, Santa

ruz

and

San Benito counties. COnsideration will

be

given

to

agricultural producers outside the three county region based

on product mix

and

quality

of

products regardless of

organic status.

ii Wineries. California taw allows California wineries

to sell their wines t Certified Farmers Markets under limited

circumstances. Apply to the market and upon receiptof

an


12/39

/

acceptance letter, obtain a Fanners Market Sales Permit

(Type 79)

.

All varieties

and

appellations must appear

on

a current CPC

regardless

of

crush or bottling year. For more information on

obtaining the proper sales permit, ntactthe nearest field office of

the California Alcoholic Beverage Commission. Please note a

Type 79 permit does NOT allow for sampling at market.

i i.

Wine

shops and wineries

ifsampling).

wine tasting.

e.

iv. Food purveyors- restaurants

and

non-agricultural

food producers. Priority to 3 counties first. Then consider

specialty producers outside the 3 county area. This category

includes pre-made

and

prepared on-site

foods

. All products must

be made by the applicant from base ingredients using the culinary

arts No resale ofany food products including sodas. AU

products must be juried by WCFMA before they rilay be sold at

market. Only those approved items on the

returned copy

.

of

he

application may be sold or sampled at market. Additional producU;

may be considered outside·of he application period but must be

submitted on writing

to WCFMA.

All food purveyors

must

have

health permit covering the kitchen at which their

prodm,-ts

are

produced and packaged as well as health permit from the county in

which they wish to sell their products. DO NOT BUY A PERMIT

TO SELL AT MARKET UNTIL YOU ARE ACCEPTED

INTO

MARKET

v. Food

purveyors - Local

merchants

.

CBTS

shops.

Priority will be given

to

food

p ~ r s

over resale regardless

of

local status. All food purveyors must submit a list

of

products

he she wishes to sell at market to WCFMA at the time of

application. Only those approved

items

on the returned copy

of

he

application .

are

permitted to be sold or sampled atmarket

Additional products may be considered outside of the application

~

~ o but must be submitted on writing to WCFMA. The market

.strives to focus on regional specialties as well

as

healthy foods

\ / N J ~ O . kJ l_2Jerefore confections willbe considered for holiday a l e ~ only.

\ ft.J · t L

WCFMA

strives to avoid products s u r f e i ~ (gluts)

\ ~ l - ) v i / V J ~ ~ . . . 1

of

any

product type

in

market.

h

l ii.

The Association strives

to

maintain a

balance between

~ ~ · 6 } )

farmers, food plll Veyors and local businesses .Spaces may

\j

vt

l · ·

be

reserved by the Market pending

future members

or until

· such time as sales warrant the addition ofmore stalls.

iii. Vendors· attendance record. Repeated no-shows and/or

late cancellations may result in removal

from market.

5


13/39

iv. Certified Producers' and

food

purveyors' history

of

compliancewith state, local

government and market

rules

and regulations are considered for placement in a market or

renewal

of

membership in subsequent years.

TI

Vendor documentation required to sell at the market.

A Required Documentation- In addition

to

a completed application and

Membership fee.

a.

Certified producers (fanners). Submit a current

copy of

he

Certified

Producers Certificate, State Organic Registration

if

selling as organic),

Third

Party Organic Certification

if

selling as

organic), copies ofprocessed

food

facility

permit i f

selling any

processed agricultural products such a ready-to-eat salad

shelled nuts. dried ftuits or raisins, jams, jellies, juices, or

salsas).

A

complete

listof

products proposed

to

sell

at m rket

including

non-certifiable agricultural products (such

as

cheese/dairy, meat or

other

animal

products) must

be

included

in

yearly application,

i

different

than

Certified Producer's Certificate.

Any changes to

this

list must

be

approved by

the

Association. Other permits or crop

inspection releases as determinedby

CDF

or local government

agency must

be included

in renewal application or when

such

permits

or crop releases are issued.

b. Restaurants and Food

Purveyors are required to submit a complete

list of

products proposed

to

sell at market

and

copies

of

heir

commercial kitchen license

with

WCFMA's annual application.

fter

acceptance

into

a market, copies

of

heir permits

to

sell at

markets must be

su.bnritted

to

the

Association. ·All

renewals of

permits must also be

submitted during

the year, i permits

expire

within the calendar year.

c. Non-food merchants are

required

to

submit a

copy of he

Franchise

Tax Board license

and copy

ofFBN application

i

selling using a

FBN.

B.

Insurance

a.

All sellers will provide general liability insurance

and will

additional )'

insure WCFMA

and

its

sponsors. The

listof

additionally

insured

includes

but is

not

limited to:

(

ADD/SlTBTRACT?)

Homeland

Management f'.ll'oup, Inc

.,

Modena

Investment, LP, Sunnyvale Holding, LLC

and

West

Coast

Farmers Market Association. Contact information for

WCFMA

Insurance

Company:

Daniel

Thomas

at

IABC

Insurance Agents

& Brokers

of

California, 650-292-5729.

NO EXCEPTIONS

b.

Failure to maintain general liability insurance or additionally

insuring

WCFM

or sponsors (as required

in

some locations)

jeopardizes the continued good relationships ofWCFMA and

its

sponsor(s) and jeopardizes the future existence

of

he

market. s

6- ,,__________________________________


14/39

such,

failure to

maintain

general liability insurance or additionally

insuring WCFMA

or sponsors (as required in some

locations)

will

result

in removal from market.

C. NotificationofAcceptance

a Upon review ofall documentation,

WCFMA

will contact the

prospective members. An acceptance letter including any

limitations or restrictions

on

products

will

be followed

up

in

writing. Upon receiving an acceptance letter, please contact the

Association

at

least one week prior to attending Market.

b.

The Association may accept an application but due to space

limitations, or

product

conflicts

or

gluts, may

not immediately

place a

member in market, that member will be

placed

on

a waiting

list,

and if

not placed

in

any WCFMA market,

the membership fee

will be refunded.

c. In the event any application

is

incomplete, the Association

will

reject

the application and refund

the

membership fee.

d. If he

Association

rejects

an application, the

producer

may

reapply

or

be

placed on

a

waiting list.

e. All decisions ofWCFMA management regarding acceptance and

membership are

final.

B.

Membership Time Basis.

a. Admission is on a year by year basis, with

the

year starting on

January t•t .

b.

WCFMA will re--evaluate

all

vendors each calendar yeat;

evaluation will be completed by December 15thofeach

year.

c. All vendors whose membership the Association will not renew will

be notified y January

15th

of

he new

calendaryear.

d.

Annual Membership and

Fees.

nnual memberships are renewed

in January and

expire on December

31st.

The annual

membership

fee

is

100

.00 and entitles the seller to a reduced stall fee.

C. Stall Fees.

a.

All Stall fees

are

due on the day ofmarket and must be paid before

the

close

ofmarket.

b.

WCFMA charges a flat fee per stall. All stalls

are

10, v.ide by I0

deep. Stalls exceeding 10 feet in width or depth are subject to

additional fees.

1.

Certified Producer

Fee

with membership 45.00,

without

membership 50.00.

H

Neighborhood (less t h n ~ acre)

grower

40.00

iii

Food Purveyor with membership

45

.

00,

without

membership 50.00.

iv. Hot Food Vendor

with

membership 45.00, without

membership 50.00.

v.

Artisan Fee with membership

45

.

00,

without

membership

50.00. -

-----,---------------------------------------------------


15/39

III. Approval and admittance ofVendors and Products.

A. Market Steering comm. Approval ofall vendor atld products. All products

offered for sale must have the prior approval of he market Steering comm. Or

market management?

B. Allowable products within the Certified Market.

a.

Only California-grown produce may be sold in the Certified

Farmers Market Area. All Certified Products must

be

listed on Certified

Producers Certificate.

b. All certified items must be produced by the producer on land that

the producer

fanns,

owns

rents, leases or sharecrops.

c. Within the Certified unprocessed agricultural products may

be

sold. This includes: fruits, shell nuts, vegetables, shell eggs apiary

products, cut-flowers and nursery stock can

be

sold. These products must

be

listed by crop

type

and variety name on the Certified Producers

certificate. Crops not listed or being sold outside the harvest dates as

listed on the certificate will

be

removed from sale.

d. Aquaculture products fish and mollusks)

raised

in California

waters controlled by the producers may be sold

in

the Certified Farmers

Market

Area.

e. Additional agricultural processed items allowed

to

be sold in the

Certified Area are;

i. Jams, preserves, flavored oils and vinegars

ii.

Meat and Dairy products

iii. W r e a t h s ~ flower arrangements and nursery items

iY.

Freshjuices

v. Dried herbs and spices

vi

Shelled nuts including those which are flavored salted and

roasted

vii.

Dried

beans

grains.

ftuits,

nuts

and

vegetables.

VIn.

ProceRsed agricultural products. The

raw agricultural

products from which these processed

items

derive must

be

listed on the

r o d u c e r ~

s certificate.

tx Pre--packaged foods. All closed-consumer containers whether

knotted,

tied,

taped,

w i s t t i ~

stapled, or snapped-closed must

have the containers labeled with the farm name address,

ingredient

list

and net weight.

The

seller must

also

be able

to

show location and capability ofprocessing.

In

the event the

processing was accomplished

by

a

second

party, the seller must

be able to show that the product

returned

to the sellerw n

fact

the same. This must

be

accomplished by receipts, volume

data.; and letters verifying the methods

used.

C.

Other non-agricultural products allowed outside the Certified are area:

x.

Processed foods

produced

by the Food Purveyor.

8 .

xi. Flights ofwine by approved and permitted

wine

tasting shops.

xii. Prepared foods by local restaurants.

xili

Approved market-related goods.


16/39

xiv. Local merchants featuring locally-made goods.

xv. Approved original artisan goods

xvi. Ocean flsh and shell fish.

D. Product

acceptance.

The

Association s objective

to

offer the highest quality

products

that

relate

to

central coast agricultural and Carmel-by-the-Sea. The

Association monitors the market offerings for signs

of

a glut

and

in

the

event

of

a

glut,

reserves the right

to

control

amount

of

any

commodity brought

to

market.

E.

Agricultural Producers

wishing to

sell for a second producer. Sales

of

second

certificate produce must

be

approved by the Market Steering Committee before

any sales commence. Second Certification

may

be granted after a written request

is submitted. Limitations include:

b. The selling producer

is

limited

to two

additional producers

within

a

12-month period.

c. An additional fee of$1 per additional approved certificate may be

applied to the regular stall fee.

d.

Second-certificate products

are

labeled and separated

from

the first

certificateproducts.

e. The agricultural products from

the

firstproducer consist

of

more

than

SO of

he weight or value at

the beginningof

market.

f All r o d ~ name and certificate must be properly cross listed on

the Certified Producers Certificates.

g. No second certificate sales for products which have a first producer

already selling

in market

will

be

approved.

h. No second certificate sales ofnon-certifiable agricultural products are

allowed under CDFA regulations.

IV

General Rules

and

Regulations of

he

Market.

A. Tablecloths must be on all tables within theMarket NOEXCEPTIONS

B.

All

vendors must display a banner or sign

identifying

their

name

or business

name

and

the city/town where prodw..1ion occws.

C.

White canopies are required

and

must cover all food or goods offered to the

publi\}. Frames must be sturdy, and

n

good repair. In addition, allowable

canopies

must

be ofa standard size of lO xlO , lO xlS , or

10 x20 .

Canopies

which

are

broken,

flimsy,

not

ofstandard

size w ll not

be

allowed at market.

Canopies

of

a different color may

be

allowed by approval

of

he Market

Steering committee. Market umbrellas are allowed but

must

cover food or

goods offered to the public

and

may notintrude upon

the

public space.

D. Check n

with

Market Manager upon entering

the

market

to

verify your space

before set-up.

The

market fluctuates with vendors on a weekly basis. Please

make no assumpticm

that

your space

will

be

in

exactly the same space a

weekly basis. Market Management tries to ensure continuityofspaces but as

farmers

return to

and drop-out

of

markets

it

may

be

necessary to

adjust

the

exact location ofyour stall. DroJH>ffs should check with Market Management

on a weekly basis before downloading.

E.

Certificates and

permits

must

be

posted conspicuously before sales commence

for the day. Your stall should be completely set-up and rearly to sell prior to


17/39

the opening time and you must be able to

seiJ

until closing. Early closing and

departure from the market

by

manager approval only.

F.

No

vehicles should be parked inside the Market. Please check with market

management as to parking your vehicle. All market vehicles must

be

outside

of

he market hour before the start

of

market. And must remain outside the

market area until deemed safe for entry

by

the market management. Only

Market Personnel can move cones between hour before the startofmarket

and 15 minutes after the close ofmarket. Vendors are not allowed to drive

inside the market prior to 15 minutes after the close ofmarket or until the

market manager deems it safe to move vehicles in the market aisle

G.

All

products must have prices clearly visible

to

the public. Please note prices

may

not be reduced until the last 30 minutes before closing of he market.

(This is for your own protection as reducing prices earlier can1riggera chain

reaction

within

the market which hurts

everyone }

All packaged items need

to

be

clearly labeled and prices marked. The label must contain product

e n t i t y ~

net weight; and producer's name, address and phone number. fmore

than

one

ingredient is

used

the label must contain a listing

of

ingredients in descending

order by weight. f he product

was

treated

with

any preservative, irradiation

or pasteurization, this must 8lso be disclosed on the label

H

All producers selling agricultural products are required to fill out a load list

of

all products and amounts sold. This will be collected at the end ofmarket

This is required by CDFA regulation; your cooperation with this request is

necessary and appreciated.

I

All food purveyors must have current permits from the Environmental Health

Department for the county in which the market is located. Please make sure

your Market Manager

has

a copy. This will prevent denying you a space at

marketor an ordered closure

of

your stall in the event the original pennit is

not at

market f

you are unsure about regulations, please

ask

your market

manager.

J All fanners and food vendors must complywith applicable state and county

regulations

in

regards

to

sales of ood and sampling. All foods must

be

displayed :under a covering such as a canopy

or

umbrella. Unpackaged ready-

to eat

foods must

be

displayed in a closed bulk dispensing container. Samples

must be protected from conswner handling and r o s s ~ c o n t a m i n a t i o n

K All food vendors must start with five gallons

of

potable water and all o n ~

potable

(waste) water

must

be

carried

AWAY

by vendorand not disposed

of

at market.

L

Your stall area and immediate surroundings must

be

cleaned swept.

The

market needs your help in this matter as leaving a

dirty

market site jeopardizes

the continued

existence

of

he market and everyone's livelihood. All garbage

must behau ed

away

y you. Your market manager bas a broom to lend

M.

The Market hours are posted, please ask your customers to

come

within these

hours. Sales must stop at the posted closing time. This allows the last

customers

to

check out and clearthe

area

before vehicles enter the

market to

begin loading. Please be packed up

and

your

site

cleanedby 1 z hours after

•


18/39

closing. Please remember

we

are a guest ofour sponsor

and we

need

to

be

respectful of

he

other merchants and the property.

Non-Compliance

nd

Penalties:

Any seller may

be

suspended or removed from any market and have selling

privileges.within the market o n d i t i o n ~ modified or limited

by

the market manager for

failure to obey or conform to all st te or local government regulations or market rules and

regulations.

A

seller is responsible for the actions of

his

representatives, and employees.

The severity

of

any penalty or discipline

shall be directly

related

to

the seriousness of he

violation. fat all possible, the market manager will give adequate warning artd notice of

possible disciplinary action prior to actually taking action. Certain severe violationsof

the rules may lead

to

immediate disciplinary action. For repeated lesser infractions, a

letter detailing the infraction will

be

sent

to the

business owner. West Coast Fanners

Market

Association, market management staff and The Carmel

Market

Steering

Committee will enforce all rules and

regulatiClns

pertaining to the operation

of

he

Market, in a

fair

and equitable

manner.

WCFMA and Cannel Market Disciplinary Procedures: First violation: warning (verbal

and

written).

Second violation: review by arketManagement and Steering committee,

a letter ofdetermination ·and fine. Third violation: review by Market Management

and

Steering committee, suspensionofselling privileges and/or

fine

, Suspension ofselling

privileges shall be for a minimum

of

wo weeks.

If

warranted, the term may be longer as

determined by arketManagement nd the Market Steering Committee. A fourth

violation within a 12 month period will result in removal from

the

market. All violations

and actions may

be

appealed

in

writing

to

the Director

of

Market Openttions

and

i f

desired, to

WCFMA

Executive Director and Market SteeringCommittee. All decisions o

the Executive Director and the Market Steering Committee are final.

Gl

os§

I Yof Terms:

A Producer

1. A person

or

entity who

prOduces

agricultural products y the practice

of

he

agricultural arts upon the land or waters which the person or entity controls. These

products may include, but are not limited to: Fresh fruits and vegetables, cut l o w ~

nursery

stock,

shell

nuts

,

shell eggs,

apiary

products, poultry and meat products,

aquaculture products, viticulture products, dried fruits and vegetables, juices, jams, or

other agricultural prodlicts. ·

2. A person or

entity

who catches pelagic fish or

shel11ish

from boats which the

person or entity controls.

B.

Certified Producer

11


19/39

I.

A

person or entity

authorized by

the county agricultural commissioner

to sell

fresh fruits, vegetables, shell nuts, shell eggs, apiaty products, cut

flowers

and nursery

products directly to the public at a certified fanners market. ~ d u t s must

be

produced

upon land controlled by the certified producer.

C. Organic production.

I. Relating yielding, dealing in, or involving the use of

food

produced with the

use of

eed

or

fertilizer

of

plant or

animal

origin without employment

of

chemically

formulated fertilizers, growth stimulants, antibiotics. or pesticides. All vendors selling

as

organic must submit copies ofState Registration and Certification to WCFMA

D.

Food Putveyor

I.

A

person or entity that controls the production

ofprepared,

packaged

foods for

take

home

or on site consmnption.

E. Hot Food Vendor not included above,. why need?)

I. A person or

e_ntity who

prepares

food

products; warnt

heated, steamed

and

barbequed

for

on-site consumption

i.e.

hot dogs,

tamales,

kettle corn; baked potatoes,

com,

and chicken.

F. Artisan

OMIT?)

1.

A person

or

entity that

designs

and is involved in all

aspects

of production of

their art ot craft.

G.

Restaurateur. Licensed or opt rate storefront v.ithin

CBTS

?). Approved

to

operate a

stall

with

the

Market.

H. Wine Tasting shop. Licensed or operate storefront within CBTS

(?).

Approve d to

operate a stall

with

the Market.

I. Local

merchant. Operates a storefront within

CBTS.

J. Seller or Vendor.

1. Collectively all categories pertaining to sales.

I Potable Water***

I. Water pme enough to

be

consumed or used with low risk with immediate or

long

tenn

harm

J.

Non·Potable

Water***

I

Water that

has been

used

2. Water

that has

not been properly treated

3. Water not approved by appropriate authorities


20/39

Pleasenote ll food vendors must start with five gallons ofpotable water and all non-

potable must e

c rried

AWAY by vendor» and not disposed

of

at the market

Signa

tur

e Page:

The

undersigned agrees

to

abide by the rules and regulations

of

West

Coast

Farmers

Market Association pursuant to the interpretation ofMarket Management.

The

participant agrees

t

indemnify and hold harmless the West Coast Farmers Market

Association,

its Board ofDirectors

agents,

servants

and employees

from any damage,

injury or loss to any person or persons including but not limited to persons to whom the

participant may

e

liable

Wlder

any Workers Compensation law and the participant

13


21/39

him/herself and

from

any loss, damages, cause

of

action, claims, or suits for damages,

including, but not limited

to

loss

of

property, goods or merchandise,

c used

by, arising

out

of

in any way connected with participants use

of he

privileges herein granted.

WCFMA shall not

be

liable for losses or any other liabilities whatsoever, for the failure

to operate a market due to holidays, destruction by fire or other calamity, or by act

of

God,

strikes, statues, ordinances or any other legal authority or any other cause beyond

the West Coast Farmers Market Association.

In case

of

lawsuit, arbitration should

always

be sought out first.

The

vendor agrees

to

pay

WCFMA

attorney fees and the venue will

be

San Mateo County.

Signature:

Date

Participant s Name (Please Print):

Business Name;

Street Address:

City:

State: Zip :

Area

Code

-

Telephone

Re aleEnforcement Agreement

I understand th t

it

is strictly forbidden for any producer, as defined in the West Coast

Farmers

arket

Association Rules

and

Regulations

to

resell product whether they are

certified or not,

at

any

Certified

Farmers Market

which

WCFMA operates.

I am also aware that State law forbids the producer to

re-sale of

tesh fruits, nuts,

vegetables, shell g g s ~ apiaryproducts, flowers, and nursery stock within the Certified

Area ofa Farmers Market


22/39

I realize that

WCFMA

will

suspend

any

owner,

producer, employer or representative

associated with the

business

which violates this important

rule/law.

A suspension applies

to

all markets managed by

WCFMA.

Upon frrst violation, WCFMA will fine

and

suspend

the

owner s),

producer(s),

employee(s), or other representatives associated

with

the business

for

a minimum

of

one

(1)

year and will withdraw

all

seniority for same.

A fine

of

500.00 will

be due.

Conditions

for

re-entry will include the costsof wo (2) visits to the fann or other

locations

where products are produced, processed or held.

Upon

second

violation, there will e permanent disqualification.

In

the event the suspended party legally

contest

a decisionof he Board of

i r e c t o r ~ and

the legal matter results in decisions favorable to WCFMA, the suspended or disqualified

party shall be liable

for

payment of he necessary

and

reasonable attorney's

fees

of

WCFMA.

Owner Signature:

Date:

Print Full Name:

Farm/Business Name:

Street

Address:

City:

State

Zip:

rea Code-

Telephone:

ts l


23/39

EXHI IT


24/39

CERTIFICATE

OF

CITY CLERK

CITY OF CARMEL-BY-THE-SEA

ITY OF CARMEL-BY-THE-SEA

OUNTY OFMONTEREY ss

STATE OF CALIFORNIA

I,

Lee Price, the undersigned Interim City Clerk

of

the City

of

Cannel-by

the-Sea, do hereby certify that the attached Minutes

of

the Regular City Council

meeting

of

July 1 2014 is a true and correct copy

of

the original Minutes

maintained in th City s official records.

DATED this

4th

day

of

February, 2015.

r/)J

\ \

t v _ ~

f - l A - - - : . . _ :

Lee Price, MMC •

Interim City Clerk


25/39

CALL TO ORDER

MINUTES

REGULAR

CITY

COUNCIL MEmNG

CITY OF

CARMEL BY THE SEA

East Side

of onte

Verde Street

Between Ocean

and

Seventh Avenues

Carmel-by-the-Sea

CA

93921

JULY1

2 14

ayor Burnett

called

the

meeting

to

order at

4:37 p.m.

ROLL

CALL

Present:

Staff Present:

Council Members Dallas Talmage Theis; Vice Mayor Beach;

ayor

Burnett

Jason

Stilwell CityAdministrator

Don

Freeman City Attorney

Catherine Raynor City Clerk

Janet Bombard Library and Community Activities Director

Sharon Friedrichsen Public Services Director

ike

Calhoun Public Safety Director

Rob Mullane Community Planning and Building Director

PLEDGE

OF ALLEGIANCE

City Clerk Raynor led

the

Council and audience In

the

Pledge ofAllegiance.

EXTRAORDINARY

BUSINESS

1. Community Recognition: Eduardo Ochoa President

of

California State

University onterey Bay CSUMB) and CSUMB

Faculty and Student Trails Mapping Team

Action:

Mayor

Burnett presented cert/fkates to the CSUM President, stfl/f, and

students.

VIce Mayor

each stressed the Importance ofprojects like this

as

it strengthens relationships between the university and local agencies,

resulting

in

significant accomplishments.

Action:

Mayor umett

presented a certificate

to

Treasurer

Jim

Emery

for

his

service

to the ty ojCarmel-by-the-Sea.

2. Employee Recognition: Michelle Cumming Ambulance

Action: City Administrator Stilwell presented Michelle Cumming wit a certificate

joT heT

pmfesslonallsm

and

service to the

City.

Minutes of July 1 2014

CC

Meeting


26/39

ANNOUNCEMENTS

FROM

CLOSED

SESSION FROM OTV COUNCIL MEMBERS AND THE

CITY ADMINISTRATOR

3. Announcements from Closed Session

At 4:55 p.m. pursuant to Government

Code

Section 5 956 et

seq.

of the State of

California

City

Attorney Freeman stated

th t

in regards

to

the

labor negotiations closed

session

item there were no announcements. In regards

to the

Flanders Mansion real

property negotiations he announced th t the City received and discussed two

unsolicited proposals for the property. City Attorney Freeman announced th t the

proposal submitted by Ms. English did not meet CouncWs criteria for a single family

residence and on a motion by

Vice

Mayor Beach

and

seconded by Council Member

Theis

the City Council denied

th t

proposal on a unanimous roll call vote. He stated

for

the

second proposal there is no announcement. In regards to th t proposal,

it

is continued

In order for staff

to

work with the applicant

to

clarify some points of the proposal. City

Attorney Freeman closed, announcing

th t for

the two existing litigation closed

session

items and the treasurer closed

session

Item there were no announcements.

4. Announcements from City Council members (Council members may ask a

question for clarification, make

an

announcement or report on his or her

activities)

Council Member Talmage described the document approval process the Association of

Monterey Bay Area Governments (AMBAG)

goes

through every 4 years covering the

counties of Santa Cruz, San Benito, and Monterey for highway transportation planning

and stated th t aU 4 documents were.recently approved, but stressed th t funding for

highway projects is stil l uncertain.

Vice Mayor Beach spoke about the Council s new electronic packet. She spoke about

Monterey Salinas Transit s senior taxi voucher program and

how

the City

is

augmenting

the program to the end of the calendar year. Vice Mayor Beach urged the public to

attend the Fort Ord Reuse Authority Colloquium to hear Rick Burnhardt speak about his

successful base reuse in Florida.

Mayor Burnett noted th t PG E and tile City identified deficiencies In the Exponent 3rd

party report and th t PG E will submit a dr ft of those items to Chief Calhoun and the

City Administrator, with Council

to

receive the report at

an

upcoming regular meeting.

In

regards

to

future highway funding, Mayor Burnett provided examples of why funding

sources have dried up and

discussed

alternative funding mechanisms under

investigation. Mayor Burnett recognized th t June 3oth

was

the close out of the fiscal

year and listed City accomplishments over the last year.

s. Announcements from City Administrator

a. Update on Forest Theater


27/39

City Administrator Stilwell shared with Council and the public 2 documents

that

demonstrate the progress that

has

been made thus far for Forest Theater: the Health

and Safety Punch list and a Request for Qualifications RFQ)

for

an architect to provide

solutions for the punch list items, noting the responses

to

the

RFQ

are due July sth

Mayor Burnett added that

the

Council allocated additional funds

for

Forest Theater in

the

budget, stressing

that

funding

is

not an impediment. Vice Mayor Beach clarified the

difference between a true punch list and the list of health and safety items that forced

closure

ofthe

theater.

b.

Forecast Agenda

City Administrator Stilwell shared that in August the Council

is

projected to receive

quarterly reports, hear the Forest Theater archttect

RFQ

proposals, and conduct a

joint

workshop with the Sunset Center to

discuss

mutual items.

He

noted

that

In September

Council is forecast

to

host a

joint

workshop with the Carmel Area Wastewater District.

City Administrator Stilwell closed by providing a l ist

of

4th

of

July weekend activities and

City services scheduled

to

support

the

increased influx

of

visitors, stressing that

fireworks are prohibited.

David Fink provided a slide show and video about Gourmet Fest held in Carmel-by-the.

Sea in March, noting that next year s event wi ll be held March 5-8 2014.

PUBUC

PPE R NCES

At

5:26 p.m. Mayor Burnett opened public comment

on

items

not on

the agenda.

Barbara Uvingston thanked City Administrator Stilwell

for 4th of

July report.

She

voiced

concerns over the painting

of

redwood walls wi thin the Burde Bank Building, asking staf f

to

investigate and see

if

anything can

be

done.

John Sapp provided a personal testimonial

to

the professionalism

of

Michelle Cumming

based on his personal experience using 9-1-1.

Sue

McCloud stated Council is

the

approval authority for what can be within the right

of

way. In regards to the Forest Theater, she stated a

lot

of work has been done and

suggested staff doing some of the work earmarked for the RFQ architect.

Skip

llovd

suggested that with the influx In visitors for the 4th of July observing the

damage

to

the beach afterwards would be worthwhile pursuit.

Mike Brown asked about the closed session on Flanders Mansion. Mr. Brown thanked

the City Administrator

for

ensuring agendas are posted at the Post Office.

Stephen Moorer,

from

Pacific Reparatory,

asked

that

an

indoor bathroom for students

1 and ADA stage

access

are included on the list.


28/39

Todd Tice spoke in support

of

recent Improvements

and

asked Council

to

not make any

decisions that wi ll affect the City in an adverse way.

Carolyn Hardv spoke

in

support

of

the Forest Theater architect finding ways

to

fix the

existing theater and not do a redesign encouraging the City to

use

local people.

She

stated

if

Council does not

have

a policy

to

hire local people first then Council should

adopt one.

At 5:52 p.m. seeing no requests

to

speak Mayor Burnett closed public comment. City

Attorney Freeman repeated his earlier Flanders Mansion property negotiations

announcements from closed session . Mayor Burnett encouraged the public to review

the Forest Theater list

and

provide suggested additions and deletions to staff.

CONSENT CALENDAR

Sue

McCloud asked Item 19

be

pulled for comment.

Council Member Talmage moved and it was seconded by

Vice

Beach to approve

Consent items 6 through 18

and

the motion passed

by

the following vote:

AYES: 5

COUNCIL MEMBERS: Beach

Dallas

Talm age Theis

Burnett

NOES: 0 COUNCIL

MEMBERS:

None

ABSENT: 0 COUNCIL MEMBERS:

None

6.

Summary of Council Workshop June 2 2014 on 2014 Key Initiatives Mid-Year

Update

Art on:

Recei ed

Report

7. Ratify the Minutes for the Regular Meeting

of

June

3

2014

Action: pprowd

8. Ratify the Minutes oft

he

Special Meeting of

June

10 2014

Action: Appro ed

9. Ratify the Minutes of he Special Meeting

ofJune

17 2014

Action: Approved

10. Ratify Bills

Paid

for

the Period

of

April 1

April

30

2014

Action: Ratified

11. Ratify Bills Paid for the Period ofMay 1 - May 31 2014

Action: Ratified

12.

Receive Monthly

Fire

and

Ambulance Reports

Attlon

Updated ond

Retei ed


29/39

13. Receive Monthly Code Compliance Report

Action: Received

14. Receive Public Record Act and Media Request log

Actions: Received

15.

Consideration of

a

Resolution designating Council Member Steve Dallas as the

voting delegate and Mayor Jason Burnett

as

the voting delegate alternate at the

2014 League

of

California Cities Conference September 5

1

2014

Actions: Adopted Resolution

0 1 . 4 0 4 8 ~

appointing Council Member Dallas as Voting

Delegate and

Mayor

Burnett as Voting Delegate Alternate

16. Consideration of a Resolution Approving the

Use

of One

of

the City s Five Free

use

Days

of the Sunset Center Theater

by

Youth Music Monterey County on

November

9

2014

Action:

dopted

Resolution 1014 049

17.

Consideration of a Resolution Approving a Special Event Permit for the Carmel

by-the-Glass Event at Devendorf Park on S a t u r d a y ~ September 13

1

2014

Action: Adopted Resolution 201.4 050

18.

Adopt a Resolution Amending City Council Policy C12-02, Event

Fee

Waivers

Actions: Adopted Resolution 201.4 051.

19. Consideration of a Professional Services Agreement with Monterey Bay Planning

Services in an Amount not to Exceed

of 35,000

for Entitlement Work

for the

Rio

Park

I

Larson Field Pedestrian

and

Bicycle Trail Project

Actions: Pulled

rom

Consent;

Discussed

after

Item 21; Adopted Resolution

20144J52

At

8:58p.m. City Administrator Stilwell presented the agenda report. He stated the site

has many jurisdictional issues and he recommends awarding the contract to overcome

these challenges to construction. Mayor Burnett opened public comment on the item at

9:00p.m. and seeing

no

requests

to speak

closed public comment.

Vice Mavor Beach moved, and It was seconded by Council Member Theis. to approve

Consent Item

19

and the motion carried by the following vote, adopting Resolution

2014-052:

AYES: 5

COUNCIL

MEMBERS: Beach D a l l a s ~

Talmage, Theis, Burnett

NOES: 0 COUNCIL

MEMBERS:

None

ABSENT: 0

COUNCIL

MEMBERS:

None

OR ERS OF

COUNCIL

20. Update on the Water Replacement Project (Oral

report

and Provide Direction


30/39

Actions: Mayor Burnett provided t n update on projects in

the p o r t o l i o ~

key

milestones

over

the

course

of the next 6 m o n t h s ~

/intJnclng opportunities,

nd the

indus/on

of

100

of he

community's voice as projects proceed

At 6:08p.m. Mayor Burnett opened public comment on the water update and seeing no

requests

to

speak closed public comment.

21.

Receive

Update

from

the Farmers Market Ad Hoc Committee on

an

Agreement

with West Coast Farmers Market Association to Operate the ca·rmel-by-the-Sea

Artisan Food Experience and Farmers Market, Provide Staff direction which may

include a Possible Street Closure

Actions: Extended

the

Contruct 120 doys allowing the d Hoc Committee time

t

complete

its work

Including

9

requirements

Mayor Burnett introduced the item indicating that Council Members Theis and Dallas

are the Ad Hoc Committee working on this item. CounciJ Member Theis thanked those

who

attended the June

30th

Ad Hoc Meeting.

She

displayed

the

Ad Hoc Committee s

recommendations; the Committee s recommendations which included extending the

market in

its current location, later moving

it

to

the Children s Library Parking Lot

for

a

pilot, changing the start and end times, and changes in

the

total number of booths.

Council Member Dallas asked i anyone present would like

to

sign up

to

be a member of

the Ad Hoc committee and a sheet was passed around

for

sign up.

Mayor Burnett and Vice Mayor Beach read into

the

record comments they received

about the market. Council Member Theis stressed

that

the

Ad Hoc

Committee

recommendations take into consideration both written feedback as well as feedback

received at the June

30th

meeting.

At

6:

4p

.m. Mayor Burnett opened public comments, allott ing each speaker 2 minutes.

Carolyn Hardy asked about the composition

of

the committee.

Barbara Livingston. President

of

the

Carmel

Residents Association

CRA),

and

Jfm

Miller,

from the Carmel Business Alliance CBA) stated they were joining together and

presented a proposal

for

Council consideration, stressing they want only tri-county

vendors, only organic items, all prepared food

is

from Carmel-by-the-Sea businesses,

and requested a prohibition for selling craft items and merchandise.

Laura Eckhardt spoke in support of the market with

the

community collaborating on

the

final solution and against sprayed items and for banning single use plastic bags.

Anne Thall, a small business owner, spoke in support

of

the market, adding that

although she makes high end collectible items she does

not

sell them at the market and

instead uses the market

as

a business promotion opportunity.


31/39

Bonnie Hotz asked for hard data, spoke in support

of

a more green direction, and

stressed the access into and out of the park with the new proposed hours of operation

could be quite difficult.

Ms. Mira a coffee shop owner, asked for the market

to

be moved to a different location

as

it

currently

has

a significant negative impact on

her

shop s revenues.

Jim Emery stated using the Children s library Parking

lot

does not solve any problems

and is much less attractive.

lma Kessler spoke in support of he market.

Cindy Wahara, a business owner, spoke in support

of

organic food and all the fresh

produce;

she spoke against arts and crafts

that

directly compete with City stores.

lynnette

Zimmerman spoke in support

of

the

current location.

Roberta Mil ler expressed concerns that the market impedes the City s emergency

access

route and proposed tear down time is insufficient.

Tom Corker spoke

in

support

of

the Ad

oc

Committee recommendations.

Jim Ockert spoke in support of the market at Sunset Center and against street closures if

the

market

remains downtown; he requested the center

of

the park open be lef t open.

Mr. Rodriguez spoke in support of the market staying in the park.

Usa

Rehm asked Council to clarify goals first and then decide what

is

best for the

community

as

a whole. She asked for a solution that compliments and does not

compete

with

local business owners.

Rich Pepe asked Council

to

give the market event coordinator

the

right tools and to

allow him

to

succeed.

At

6:57 p.m. Hugo Ferlito stated he was gratified

to

hear

the

spirit

of

cooperation and

asked

for

a compromise on hours and location

that

best serves the community.

Robert Knight stated the Children s Library

lot

is not the best location, asking the Council

to relook use of

the

plaza at Sunset Center.

Chervl Merritt suggested Sunset Center be the alternate location.


32/39

Karen Ferlito asked for the market to remain downtown, stating there are parking issues

downtown, but business owners need

to

ensure their employees do not park

downtown.

At 7:03 p.m. Richard

Shey

stated the key is providing a good product and good

promotion

of

he

product.

Dixie Dixon spoke against

the

market in the Children s Library lot and asked that

members

ofthe

committee be experienced.

Todd

l ice

asked Council

to

prohibit crafts

if the

market

is

supposed to be

an

Artisan

Food Experience.

Danica Alvarado, Tricycle Pizza stressed that markets brings in a fan base

to

the city that

would otherwise not be here.

Judy Profeta, resident

and

business owner, spoke in favor

of

the market at

the

plaza at

Sunset Center. She asked Council

to

support a wonderful artlsanal food experience

and

marry the needs of all, but not give preferential treatmentto one business.

Jerrv

La

mi. Executive Director of the West Coast Farmers Market Association thanked

the

Ad Hoc

Committee

for

their hard work, noting he

has

submitted 386 residential

surveys on

the

market in the park and that unlike Suns

et

Center the park lends itself

for

a well.attended market.

At 7:16 p.m. Stephen Moorer spoke in support

of

changing the hours

of

operation,

suggesting avoiding the lunch hour solves many issues.

Jan

Taylor, Director

of

Market Operations, stated markets have significant contributions

and provided information on the composition

of

current market vendors. At 7:20p.m.

Mayor Burnett closed public comments.

Council discussed public appearance comments including composition

of the Ad

Hoc

committee, pedestrian safety, vehicle

access

and the need for

an

alternate location.

At 7:26 p.m.

ayor

Burnett called a recess and reconvened the meeting at 7:40 p.m.

where all Council Members were present

and

Council continued its deliberation

of

the

market Item.

Council Member

Th

eis explained that the agreement expired June 30th stating one

option was

to

discontinue the market.

She

stressed

the Ad

Hoc Committee wants to

continue the test and recommends

an

extension

of the

agreement.


33/39

Council discussed the number of booths, the number of vendors that could take part

If

Council l imited vendors

to

within the tri·county area and went over the list submitted by

Barbara Livingston and Jim Miller.

In

regards

to the

term non-sprayed organic produce City Attorney Freeman stated

vendors could be required

to

sign a declaration under penalty

of

perjury

that

their

produce has not been sprayed. Barbara Uvingston clarified in her proposal that all

prepared food must come from Carmel-by-the-Sea retail businesses and should not be

limited to '

retail stores only. She stated the association did not vote on the hours of

operation. She indicated she and Jim Miller personally wondered

if

the plaza at Sunset

Center could

be

used.

At 8:11 p.m.

VIce

Mayor Beach asked for clarification on parking constraints and ratio of

farm food vendors

to

nearby parking spots.

Council Member Talmage spoke against using the Children's library lot and in favor of

Devendorf Park and the plaza a Sunset Center

as

an

alternate location.

He

stated a

preference towards tri county vendors, with a market that opens early and that sells

local high quality produce with a limited the number of vendors. Council Member

Talmage suggested

that the

best use of the Children's library lot would be

to

act as a

loading

and

unloading

area

before

and

after

the

market

closes.

Mayor Burnett moved, and it was seconded by Vice Mayor Beach, that Council accept

the

Ad

Hoc Committee's recommendations with the following modifications and i t

passed

by the following vote:

• Allow the ad hoc committee time to complete its work

• Direct staff

to

extend the current license agreement for 120 days

•

Close

Mission Street

for

2 weeks

• Commencing July l ih or a trial confine market just to within Devendorf

Park

• Consider moving to other locations

• Work to incorporate artisan food experience guidelines and CRNCBA

suggestions including: .

o Limit vendors to within tri-county area Santa Cruz, San Benito, and

Monterey

Counties)

o Food and produce mostly organic

o All prepared foods must come for a r m e l b y ~ t h e S e a businesses

o Prohibit the sale of crafts and merchandise

• Approve hours

of

market from 8:30a.m.

to

12:30 p.m.

as

recommended

y

Ad

Hoc Committee

• Limit the number of booths in Devendorf Park

to an

attractive layout of the

interior perimeter without closing

off

access to

the

park

AYES: 5 COUNCIL

MEMBERS:

Beach, Dallas, Talmage, Theis, Burnett

NOES: 0 COUNCIL

MEMBERS:

None

ABSENT: 0 COUNCIL

MEMBERS:

None


34/39

22. Consideration

of

an Encroachment Permit

EN

1254-02 Tsern) for Construction

of

a Stairway

and

Masonry Retaining Wall in a Portion

of

the City Right-of-Way

ROW)

and Retention

of

an Existing Stacked Stone Retaining Wall in the City

ROW along Camino

Real

4 Properties Northeast of th Avenue in

the

Single

Family Residential

R-1)

District

Actions: Approved retaining w ll request 5-0}; denied stal tway request 4a1;

Talmage voting No}; authorized

ty

Administrator

to Issue permit 5-D)

Mayor Burnett introduced this item stating Council went on a tour

of

inspection to all 3

encroachment permit locations to be heard by Council June 30, 2014.

Community Planning and Building Director Mullane presented the agenda report,

describing the

ROW

standards and the criteria that must be met to approve an

encroachment permit within the ROW. He stressed these standards are applicable to all

3 encroachment permits before Council. Director Mullane stated that the existing

retaining wall

or

a portion of It may meet City standards in order to protect the pine

tree, but stated the stairwell request does not. He clarified that it is possible to redesign

the stairwell such that

it

s fully on the property and

out of

the

ROW.

Council discussed the

use of

decomposed granite, width

of

the current driveway and

street, the

use of

pavers in the driveway, and how the site compared

to

other properties

along the street in regards

to ROW.

At

9:17 p.m. Mayor Burnett opened the item

to

applicant,

Eli Tsern

. Mr.

Tsern asked

Council to approve his requests, indicating the stairwell improvements were designed to

provide a

safe

entrance

for

his children and others to his home and provide additional

parking.

Matt

Hanner, Carmel Building and

Design,

stated he consulted

with

the City Forester

and the tree within the retaining

wallis

in good health and removing the retaining wall

could have a negative impact on the roots and health

of

the tree.

At

9:26 p.m. Mayor Burnett opened public comment on

the

item. Barbara Livingston

urged the Council to take

back

the ROW. Roberta Miller asked the Council to uphold the

design guidelines, deny the requests, and return the ROW to the normal footprint.

Seeing no more requests to speak Mayor Burnett closed public comment at 9:29p.m.

Director Mullane provided clarification

that

pathways paved only with decomposed

granite are permissible. Council

discussed

the findings that allow Council

to

protect the

tree within the

ROW

.

Vice Mayor Beach moved. and It was seconded y Council Member

Talmage,

that

Council approve the encroachment permit request regarding the rock wall

to

the North

that surrounds a pine tree allowing the wall t remain within the

ROW

in order

to

preserve the health

of

the pine tree.

The

motion

passed

bv the following vote:


35/39

AYES: 5

COUNCIL MEMBERS: e a c h ~

Dallas, Talmage, Theis, Burnett

NOES: 0 COUNCIL MEMBERS: None

ABSENT: 0

COUNCIL MEMBERS: None

Council discussed the partially built wall, stairwell, and the landing, with Council

Member Dallas speaking against the addition of no new stairs on public property within

the ROW.

Vice Mayor Beach moved, and it was seconded by Council Member Dallas. that Council

deny the staircase and landing aspect

of the

encroachment permit and

the

motion

passed y the following vote:

AYES: 4 COUNCIL

MEMBERS:

Beach, Dallas, Theis, Burnett

NOES:

1 COUNCIL MEMBERS: Talmage

ABSENT:

0

COUNCIL MEMBERS:

None

Vir;e

Mayor Beach moved. and it was seconded by Council Member Talmage,

to

authorize

the

City Administrator

to Issue tbe

encroachment permit for

the

retaining wall

aspect

ofthe

request. The motion passed by

the

following vote:

AYES: S COUNCIL MEMBERS: Beach, Dallas, Theis, Talmage, Burnett

NOES: 0 COUNCIL MEMBERS: None

ABSENT : 0 COUNCIL MEMBERS: None

23. Consideration

of

an Encroachment Permit

EN

13-01 Anthony)

for

Retention

of

an

Existing Stone Pathway in the City ROW

at the

Northwest Corner

of 12th

Avenue and Camino Reallocated in the Single-Family Residential R-1) District

Actions: Approved request contingent on applicant resetting the Carmel stone In

sand

with

a maximum width

o

the sidewalk to match the width

o

the

pathway Inside the gate and authorized City Adminlstrrl tor to

ssue

permit

3-2; Talmage and

Theis

voting No}

Community Planning and Building Director Mullane presented the agenda report and

Council discussed

the

request.

At

10:00 p.m.

Mayor

Burnett opened

the

item to

the

applicant .

Matt

Hanner,

representing the applicant, stated the applicant requests to keep the Carmel stone

walkway and noted

that the

curb in front

of the

walkway was installed by the City.

At

1 :03 p.m. Mayor Burnett opened public comment and seeing no requests

to

speak

, closed pu bile comment.


36/39

Council Member Talmage noted that this property is a Murphy house,

t

is historic, and

the

pathway Inside

the

property and behind

the

gate matches

the

walkway in

the ROW

suggesting Council approve

the

request.

Mayor Burnett expressed concerns over the curb, corner, and drainage to

the

side

of

the

property. Vice Mayor Beach stated a preference

for

setting the stone In sand instead

of mortar.

Vice Mayor Beach moved, and

it

was seconded by Council Member Dallas,

that

Council

grant

an

encroachment permit for a path in the public ROW that continues the existing

path to the curb and is made

of sand

set Carmel stone with

the

width matching the

width of the path inside

the

property. Vice Mayor Beach amended her motion

to

add

findings that given

the f ct

that there is an adjacent water flow Issue this action

provides a usable type

of

hardscape to the front

of the

propertv and authorized the City

Administrator

to

issue

the

encroachment permit. Council Member Dallas seconded

these amendments and

the

motion

passed

bv

the

following vote:

AYES: 3 COUNCIL MEMBERS: Beach Dallas, Burnett

NOES:

2 COUNCIL MEMBERS: Talmage Theis

ABSENT:

0 COUNCIL MEMBERS: None

Z.4.

Consideration

of

an Encroachment Permit EN 14-03 Hayward) for Retention

of

an

Existing Stone Masonry Wall and a Brick Planter in the

ROW

Installation

of

Drainpipes, and Installation of a 21-ft Wide Paver Driveway in the City ROW at

the

Southeast Corner

of

Carmelo Street and Ocean Avenue in the Single-Family

Residential R-1) District

Actions: Approved the brick planter

Ivy

and

Documents

Request for Judicial Notice in Support of Defendant City 02-05-15 (m130393)