WELCOME to A Government Archive for the Citizens of Carmel-by-the-Sea

WELCOME to A Government Archive for the Citizens of Carmel-by-the-Sea, “of the people, by the people, for the people” of Carmel-by-the-Sea, a blog to complement The Carmel-by-the-Sea WATCHDOG!

As stated in The Carmel-by-the-Sea WATCHDOG! Post “ANNOUNCEMENT: A Blog to Complement The Carmel-by-the-Sea WATCHDOG! entitled A Government Archive for the Citizens of Carmel-by-the-Sea" (Sunday, December 7, 2008), the purpose of A Government Archive for the Citizens of Carmel-by-the-Sea is two-fold;

• Provide fast, efficient access to the City of Carmel-by-the-Sea’s Agendas and Minutes, Staff Reports, Resolutions, Ordinances, Agenda Item Summaries, et cetera, of the City Council and Agendas and Minutes of the Commissions and Boards. (Click on a label in the left column or type a keyword in the SEARCH box for all applicable posts )

• Provide full text city documents referenced in The Carmel-by-the-Sea WATCHDOG!

With only the most recent City Council Agenda Packets loaded onto the City of Carmel-by-the-Sea’s website and no capability for archived City Council Agenda Packets, A Government Archive for the Citizens of Carmel-by-the-Sea aims to better serve Carmelites by providing an archive especially for past and present City Council Agenda Packet documents.

Note: Properly Formatted Documents/Posts Ongoing

CITY COUNCIL: Agenda & Minutes December 2008

CITY OF CARMEL-BY-THE-SEA
City Council Agenda
Regular Meeting
Tuesday, December 2, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, December 7, 2008
8:00 a.m., KMST Channel 26

www.ci.carmel.ca.us

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Hearing assistance units are available to the public for meetings held in the Council Chambers.

The City Council welcomes your interest and participation. If you want to speak on an agenda item during its review, you may do so when the Mayor opens the item for public comment. Persons are not required to give their names but it is helpful in order that the City Clerk may identify them in the minutes of the meeting. Please keep remarks to a maximum of three (3) minutes, or as otherwise established by the City Council. Always speak into the microphone, as the meeting is recorded on tape.

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Extraordinary Business

A. Introduction of new Police Officer Joshua Plosser.

B. Introduction of newly appointed Police Commander Mike Calhoun.

C. Presentation of a donation in the amount of $3,000 from Jeanne Byrne, on behalf of the Pacific Grove Concours Auto Rally.

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session

B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities)

C. Announcements from City Administrator

1. Friends of the Harrison Memorial Library book sale presentation.

2. Present FY 2007-08 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

3. Present proposed budget calendar for FY 2009/2010.

VI. Appearances

Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’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 (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded on tape.

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

A. Ratify the minutes for the regular meeting of November 4, 2008.

B. Ratify the bills paid for the month of November 2008.

C. Consideration of a Resolution accepting a gift of $3,000 from the Pacific Grove Concours Auto Rally for deposit into the Mayor’s Youth Fund.

D. Consideration of a Resolution accepting a grant of $2,500 from the Colonel Dorothea Terry Layne Charitable Gift Fund for the beautification and maintenance of Carmel Beach.

E. Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2009.

F. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400.

G. Consideration of a Resolution authorizing co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of the Annual Donor Salute.

H. Consideration of a Resolution approving contract change orders totaling $9,323 for the manufacture of a Saber PUC Pumper Fire Engine.

I. Consideration of a Resolution amending the mileage reimbursement clause to the consultant services agreement with Monterey Bay Planning Services.

J. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

K. Consideration of findings and the record of decision on the appeal of Planning Commission approval of an environmental impact report and project permits for the Plaza del Mar project located on the SE corner of Dolores Street and Seventh Avenue.
VIII. Public Hearings

If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

None

IX. Ordinances

A. Second reading of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission.

X. Resolutions

A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.

B. Consideration of a Resolution adopting the Carmel Emergency Operations Plan.

C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.

XI. Orders of Council
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.

B. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. Adjournment

The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, January 6, 2009
Council Chambers

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.

The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch as to which item
you would like to comment on and the microphone will be brought to you.

Any writings or documents provided to a majority of the City Council subsequent to the publishing of the agenda regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
December 2, 2008

I. CALL TO ORDER
The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:36 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Hazdovac, Rose, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Molly Laughlin, Deputy City Clerk
George Rawson, Public Safety Director
Joyce Giuffre, Administrative Services Manager

III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS
A. Introduction of new Police Officer Joshua Plosser.
This item was continued until the January Council.

B. Introduction of newly appointed Police Commander Mike Calhoun.
Public Safety Director Rawson introduced Commander Calhoun, who was sworn in and presented with a badge.

C. Presentation of a donation in the amount of $3,500 from Jeanne Byrne, on behalf of the Pacific Grove Concours Auto Rally.

Mayor McCloud received two checks totaling $3,500 on behalf of the City.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL MEMBERS AND THE CITY ADMINISTRATOR.
A. Announcements from Closed Session.

None.

B. Announcements from City Council Members.
Council Member Talmage noted the success of the Association of Monterey Bay Area Government (AMBAG) Energy Watch conservation program.

Mayor McCloud noted the City’s Annual Tree Lighting ceremony, which will take place on Friday, December 5, beginning at 4:30 p.m. at Devendorf Park.

Item VI-A. was taken out of order to accommodate the schedule of the officials from the City of Monterey.

VI-A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.

City Administrator Rich Guillen presented an overview. Public Safety Director George Rawson presented the staff report.

Monterey City Manager Fred Meurer, Monterey Fire Chief Sam Massa, Carmel Fire Chief Andrew Miller and Monterey part-time Deputy City Manager Jim Thompson spoke to the issue.

Mayor McCloud opened and closed the meeting to public comment at 5:08 p.m.

The Council directed staff to continue working with the City of Monterey to develop a contract for future Council consideration.

C. Announcements from City Administrator.
Friends of the Harrison Memorial Library book sale presentation
Judy Cunningham, president of the Friends of Harrison Memorial Library, presented the report.

Present FY 2007-08 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.
Ralph Marcello, Marcello & Company, CPAs, presented the Audited Financial Statement.

Present proposed budget calendar for FY 2009/2010.
City Administrator Rich Guillen presented the proposed Budget Schedule for FY 09/10.

Item VI-C. was taken out of order to accommodate the schedule of the Monterey and Carmel fire personnel in the audience.

VI-C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.

Public Safety Director George Rawson presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 5:35 p.m.

Council Member ROSE moved adoption of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services, seconded by Council Member SHARP and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP,TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 5:36 p.m.

Meredith Kroll, owner of Linens and Such, spoke about loss of business during the
Homecrafters’ Fair on November 22.

Mayor McCloud closed the appearances section to public comment at 5:39 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes of the regular meeting of November 4, 2008.

B. Ratify the bills paid for the month of November 2008.

C. Consideration of a Resolution accepting a gift of $3,500 from the Pacific Grove Concours Auto Rally for deposit into the Mayor’s Youth Fund.

D. Consideration of a Resolution accepting a grant of $2,500 from the Colonel Dorothea Terry Layne Charitable Gift Fund for the beautification and maintenance of Carmel Beach.

E. Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2009.

F. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400.

G. Consideration of a Resolution authorizing co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of the Annual Donor Salute.

H. Consideration of a Resolution approving contract change orders totaling $9,323 for the manufacture of a Saber PUC Pumper Fire Engine.

I. Consideration of a Resolution amending the mileage reimbursement clause to the consultant services agreement with Monterey Bay Planning Services.

J. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

K. Consideration of findings and the record of decision on the appeal of Planning Commission approval of an environmental impact report and project permits for the Plaza del Mar project located on the SE corner of Dolores Street and Seventh Avenue.

Councilmember Talmage asked to pull Item “F” for further discussion at the end of the meeting.

Council Member ROSE moved adoption of Consent Items A-E and G-K of the Consent Agenda, seconded by Council Member SHARP and carried unanimously.

VIII. PUBLIC HEARINGS

None.

IX. ORDINANCES
A. Second reading of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission.

Mayor McCloud opened and closed the meeting to public comment at 5:40 p.m.

Council Member ROSE moved adoption of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission, seconded by Council Member SHARP and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, SHARP, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

X. RESOLUTIONS
A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.

City Administrator Rich Guillen presented the report.

Mayor McCloud opened the meeting to public comment at 5:53 p.m.

Stephen Moorer, Nick Hovick, Safwat Malek, Jason Clark, Jane Delay, and Carolyn Hardy spoke to the issue.

Mayor McCloud closed the hearing to public comment at 6:05 p.m.

Council Member ROSE moved adoption of the Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

B. Consideration of a Resolution adopting the Carmel Emergency Operations Plan. Public Safety Director George Rawson presented the report and introduced consultant Harry Robins, who assisted in the development of the plan. Paul Ireland, from the Monterey County Office of Emergency Services, who also assisted with the Plan, was in the audience.

Council Member ROSE moved adoption of a Resolution adopting the Carmel Emergency Operations Plan, seconded by Council Member TALMAGE and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management was heard earlier in the meeting.

B. Scheduling Future City Council meetings – Please Bring Your Calendar

Item VII-F was pulled from the Consent Agenda on request of Council Member Talmage. VII- F. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400.
Upon discussion amongst the Council members, it was agreed to table action on this item for further discussion at the January 2009 meeting.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:30 p.m.

Respectfully submitted,

_____________________________
Molly Laughlin, Deputy City Clerk

ATTEST:
____________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Check Register December 2008

City of Carmel-by-the-Sea
December 2008 Check Register
(Includes checks dated 11-25-08)

Check No--Check Date--Vendor Name--Net Amount--Expense Account--Account Name
116945 12/16/08 A&B FIRE EXTINGUISHER $ 72.00 01 72049 EQUIPMENT MAINTENANCE

116873 12/10/08 ACTION TARGET INC. $ 454.00 01 74057 SAFETY EQUIPMENT

116798 11/25/08 ADVANCED WASTE SOLUTIONS $ 312.25 01 67051 DOCUMENT DESTRUCTION SERVICES
116874 12/10/08 ADVANCED WASTE SOLUTIONS $ 39.95 01 67051 DOCUMENT DESTRUCTION SERVICES
----Vendor Total---- $ 352.20

116875 12/10/08 AFLAC $ 10.00 01 64017 MEDICAL PROGRAM
116875 12/10/08 AFLAC $ 15.00 01 67017 MEDICAL PROGRAM
116875 12/10/08 AFLAC $ 5.00 01 69017 MEDICAL PROGRAM
116875 12/10/08 AFLAC $ 10.00 01 72017 MEDICAL PROGRAM
116875 12/10/08 AFLAC $ 35.00 01 74017 MEDICAL PROGRAM
116875 12/10/08 AFLAC $ 10.00 01 76017 MEDICAL PROGRAM
116875 12/10/08 AFLAC $ 20.00 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 105.00

116851 12/2/08 AILING HOUSE PEST CONTROL $ 199.00 01 70053 CONTRACTUAL SERVICES
116876 12/10/08 AILING HOUSE PEST CONTROL $ 130.00 01 70053 CONTRACTUAL SERVICES
116946 12/16/08 AILING HOUSE PEST CONTROL $ 200.00 01 70050 OUTSIDE LABOR
----Vendor Total---- $ 529.00

116799 11/25/08 ALWAYS UNDER PRESSURE $ 2,677.80 01 76050 OUTSIDE LABOR

116947 12/16/08 ANDON LAUNDRY SERVICE $ 258.75 01 72053 CONTRACTUAL SERVICES

116948 12/16/08 APPRIVER $ 707.10 01 65052 WEBSITE SERVICES

116800 11/25/08 ARCHITECTURAL RESOURCES $ 6,832.00 01 69051 FLANDERS MANSION FEIR EXPENSES

116949 12/16/08 ARCHIVES & ARCHITECTURE $ 468.75 01 69051 HISTORIC SURVEYS
116949 12/16/08 ARCHIVES & ARCHITECTURE $ 1,000.00 50 24050 HISTORIC SURVEYS
----Vendor Total---- $ 1,468.75

116852 12/2/08 AT&T $ 113.25 01 74036 TELEPHONE
116843 11/25/08 AT&T LONG DISTANCE $ 16.26 01 11000 SCC PHONE # (ACCTS REC)
116843 11/25/08 AT&T LONG DISTANCE $ 31.57 01 64036 TELEPHONE
116843 11/25/08 AT&T LONG DISTANCE $ 0.92 01 69036 TELEPHONE
116843 11/25/08 AT&T LONG DISTANCE $ 1.26 01 72036 TELEPHONE
116843 11/25/08 AT&T LONG DISTANCE $ 41.14 01 74036 TELEPHONE
116843 11/25/08 AT&T LONG DISTANCE $ 0.88 01 76036 TELEPHONE
116934 12/10/08 AT&T/MCI $ 369.38 01 11000 SCC PHONE # (ACCTS REC)
116934 12/10/08 AT&T/MCI $ 1,001.25 01 64036 TELEPHONE
116934 12/10/08 AT&T/MCI $ 87.01 01 65053 TELEPHONE
116934 12/10/08 AT&T/MCI $ 234.13 01 69036 TELEPHONE
116934 12/10/08 AT&T/MCI $ 247.16 01 72036 TELEPHONE
116934 12/10/08 AT&T/MCI $ 75.64 01 74036 TELEPHONE
116934 12/10/08 AT&T/MCI $ 39.29 01 76036 TELEPHONE
----Vendor Total---- $ 2,259.14

116853 12/2/08 AURUM CONS. ENG MTRY BAY $ 1,700.00 01 88478 FIRE DEPT GENERATOR PROJECT EXPENSES

116935 12/10/08 BARBARA SMOAK $ 75.00 01 33405 REFUND OF PLANNING PERMITS

116877 12/10/08 BMW OF SANTA CRUZ COUNTY $ 6.92 01 74049 EQUIPMENT MAINTENANCE

116878 12/10/08 BOUND TREE MEDICAL LLC $ 106.33 01 74054 EQUIPMENT/SUPPLIES

116801 11/25/08 BROADWAY LOCKSMITH $ 112.18 01 70050 OUTSIDE LABOR
116879 12/10/08 BROADWAY LOCKSMITH $ 28.96 01 70050 OUTSIDE LABOR
----Vendor Total---- $ 141.14

116815 11/25/08 BRYAN DRAPER $ 100.00 01 33405 REFUND OF PLANNING PERMITS
116815 11/25/08 BRYAN DRAPER $ 250.00 01 33408 REFUND OF ENCROACHMENT PERMITS
----Vendor Total---- $ 350.00

116952 12/16/08 CA URBAN FORESTS COUNCIL $ 35.00 01 78033 DUES/MEMBERSHIPS

116951 12/16/08 CACEO- CALIF ASSO OF CODE ENFORCEMEN $ 37.50 01 69033 DUES/MEMBERSHIPS
116953 12/16/08 CAPCA $ 145.00 01 78033 DUES/MEMBERSHIPS

116803 11/25/08 CARMEL CHAMBER COMMERCE $ 350.00 01 64033 DUES/MEMBERSHIPS

116802 11/25/08 CARMEL CHEVRON $ 65.00 01 76050 OUTSIDE LABOR

116804 11/25/08 CARMEL FIRE PROTCTN ASSOC $ 2,534.90 01 69051 PLAN CHECK PROFESSIONAL SERVICES
116804 11/25/08 CARMEL FIRE PROTCTN ASSOC $ 800.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
116883 12/10/08 CARMEL FIRE PROTCTN ASSOC $ 3,589.74 01 69051 PLAN CHECK PROFESSIONAL SERVICES
116883 12/10/08 CARMEL FIRE PROTCTN ASSOC $ 1,300.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
116955 12/16/08 CARMEL FIRE PROTCTN ASSOC $ 500.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
----Vendor Total---- $ 8,724.64

116855 12/2/08 CARMEL PINE CONE $ 89.55 01 69040 ADVERTISING
116881 12/10/08 CARMEL PINE CONE $ 320.40 50 24050 ADVERTISING
----Vendor Total---- $ 409.95

116954 12/16/08 CARMEL RGN'L FIRE AMBULNC $ 150,000.00 01 72202 REGIONAL AMBULANCE SUBSIDY PAYMENT

116956 12/16/08 CARMEL TERRACE OPERATIONS LLC $ 53.56 01 33404 REFUND OF BUILDING PERMITS

116882 12/10/08 CARMEL YOUTH CENTER, INC. $ 700.00 50 24050 ENTERTAINMENT EXPENSES FOR CITY'S BIRTHDAY PARTY

116805 11/25/08 CBRE CONSULTING INC. $ 4,300.09 01 64051 FLANDERS PROPERTY ECONOMIC ANALYSIS PROJECT

116957 12/16/08 CEMEX $ 58.67 01 76045 MATERIALS/SUPPLIES

116856 12/2/08 CITY CLERKS ASSN.OF CALIF $ 135.00 01 64033 DUES/MEMBERSHIPS

116884 12/10/08 CITY OF MONTEREY $ 239.00 01 76049 EQUIPMENT MAINTENANCE

116880 12/10/08 CMRTA $ 50.00 01 67033 DUES/MEMBERSHIPS

116806 11/25/08 COASTAL HEALTHCARE $ 90.00 01 67017 MEDICAL PROGRAM
116806 11/25/08 COASTAL HEALTHCARE $ 855.00 01 74017 MEDICAL PROGRAM
116806 11/25/08 COASTAL HEALTHCARE $ 420.00 01 76017 MEDICAL PROGRAM
116806 11/25/08 COASTAL HEALTHCARE $ 481.00 01 84017 MEDICAL PROGRAM
116885 12/10/08 COASTAL HEALTHCARE $ 45.00 01 64017 MEDICAL PROGRAM
116885 12/10/08 COASTAL HEALTHCARE $ 304.00 01 67017 MEDICAL PROGRAM
116885 12/10/08 COASTAL HEALTHCARE $ 155.00 01 72017 MEDICAL PROGRAM
116885 12/10/08 COASTAL HEALTHCARE $ 1,223.75 01 74017 MEDICAL PROGRAM
116885 12/10/08 COASTAL HEALTHCARE $ 1,879.90 01 76017 MEDICAL PROGRAM
116885 12/10/08 COASTAL HEALTHCARE $ 98.00 01 84017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 47.50 01 60017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 884.00 01 64017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 19.00 01 65017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 158.00 01 67017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 47.50 01 69017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 632.60 01 70017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 129.60 01 72017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 884.40 01 74017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 76.00 01 76017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 28.50 01 78017 MEDICAL PROGRAM
116958 12/16/08 COASTAL HEALTHCARE $ 255.50 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 8,714.25

116807 11/25/08 COASTLINE BUSINESS FORMS $ 268.62 01 69039 PRINTING
116807 11/25/08 COASTLINE BUSINESS FORMS $ 452.85 01 78039 PRINTING
----Vendor Total---- $ 721.47

116959 12/16/08 CODE PUBLISHING COMPANY $ 182.00 01 64053 CONTRACTUAL SERVICES

116886 12/10/08 COLOR SPOT NURSERIES $ 532.75 01 76045 MATERIALS/SUPPLIES
116960 12/16/08 COLOR SPOT NURSERIES $ 532.75 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 1,065.50

116810 11/25/08 COMCAST $ 93.95 01 65053 CONTRACTUAL SERVICES

116809 11/25/08 COMM HOSP OF THE MTRY PENINSULA $ 700.00 01 67051 EMPLOYEE HEALTH SCREENINGS
116809 11/25/08 COMM HOSP OF THE MTRY PENINSULA $ 100.00 01 74053 CONTRACTUAL SERVICES
116887 12/10/08 COMM HOSP OF THE MTRY PENINSULA $ 89.00 01 67110 PRE-EMPLOYMENT
----Vendor Total---- $ 889.00

116962 12/16/08 CONNEY SAFETY PRODUCTS $ 800.32 01 76057 SAFETY EQUIPMENT

116961 12/16/08 CONTE'S GENERATOR SERVICE $ 1,200.00 01 72053 CONTRACTUAL SERVICES

116857 12/2/08 CORBIN WILLITS SYSTEM $ 690.79 01 65053 CONTRACTUAL SERVICES

116963 12/16/08 CPS HUMAN RESOURCE SERVICES $ 575.30 01 67100 FIREFIGHTER TESTING SERVICES

116964 12/16/08 CRITICAL REACH, INC. $ 260.00 01 74053 CONTRACTUAL SERVICES

116965 12/16/08 CRYSTALTECH $ 253.90 01 65053 CONTRACTUAL SERVICES

116811 11/25/08 CYPRESS COAST FORD L/M $ 105.00 01 76049 VEHICLE MAINTENANCE
116967 12/16/08 CYPRESS COAST FORD L/M $ 679.88 01 76049 VEHICLE MAINTENANCE
----Vendor Total---- $ 784.88

116911 12/10/08 DAVE MASCHMEYER $ 106.47 01 64030 TRAVEL & TRAINING REIMBURSEMENT

116889 12/10/08 DAVE'S REPAIR SERVICE $ 80.00 01 76050 OUTSIDE LABOR

116812 11/25/08 DENISE DUFFY & ASSOCIATES $ 11,675.00 01 69051 PROFESSIONAL SERVICES

116813 11/25/08 DEPARTMENT OF JUSTICE $ 160.00 01 67110 PRE-EMPLOYMENT

116893 12/10/08 DEWEY D. EVANS $ 200.00 01 63053 CONTRACTUAL SERVICES

116890 12/10/08 DOCUTEC $ 38.48 01 74042 OFFICE MACHINE SUPPLIES

116814 11/25/08 DON CHAPIN COMPANY,INC. $ 1,596.28 01 89582 CHANGE ORDER FOR SUNSET CTR PARKING LOT REPAVING PROJECT
116891 12/10/08 DON CHAPIN COMPANY,INC. $ 128,033.00 01 89582 SCENIC AVE SLURRY SEAL, OCEAN AVE CROSSWALKS, SUNSET CTR PARKING LOT REPAVING, ESCOLLE WAY REPAVING
----Vendor Total---- $ 129,629.28

116968 12/16/08 DROUGHT RESISTANT NURSERY $ 457.96 01 78045 MATERIAL/SUPPLIES

116816 11/25/08 ELECTRICAL DIST. COMPANY $ 408.05 01 70045 MATERIAL/SUPPLIES

116817 11/25/08 FASULO INVESTIGATIONS $ 2,497.50 01 67110 PRE-EMPLOYMENT BACKGROUND INVESTIGATIONS

116894 12/10/08 FEDEX $ 48.01 01 64038 POSTAGE
116894 12/10/08 FEDEX $ 203.56 01 65049 EQUIPMENT MAINTENANCE
116894 12/10/08 FEDEX $ 22.62 01 69095 OPERATIONAL SERVICES/SUPPLIES
----Vendor Total---- $ 274.19

116818 11/25/08 FERGUSON ENTERPRISES,INC.#679 $ 729.07 01 70045 MATERIAL/SUPPLIES
116895 12/10/08 FERGUSON ENTERPRISES,INC.#679 $ 480.75 01 70045 MATERIAL/SUPPLIES
----Vendor Total---- $ 1,209.82

116819 11/25/08 FLINT TRADING, INC. $ 158.72 01 89582 OCEAN AVE SIDEWALKS PROJECT EXPENSES

116858 12/2/08 FRED PRYOR SEMINARS $ 256.00 01 64030 POLICE DEPT TRAINING EXPENSES
116970 12/16/08 FRED PRYOR SEMINARS $ 481.47 01 74042 OFFICE MACHINE SUPPLIES
----Vendor Total---- $ 737.47

116896 12/10/08 GALLI UNIFORM COMPANY $ 671.52 01 74031 CLOTHING EXPENSE
116971 12/16/08 GALLI UNIFORM COMPANY $ 114.42 01 74031 CLOTHING EXPENSE
----Vendor Total---- $ 785.94

116972 12/16/08 GRAINGER PARTS OPERATIONS $ 2,974.89 01 74057 SAFETY EQUIPMENT

116859 12/2/08 GRANICUS, INC. $ 521.90 01 65053 WEBSITE SERVICES

116820 11/25/08 GRANITE ROCK COMPANY $ 28.13 01 76045 MATERIALS/SUPPLIES
116820 11/25/08 GRANITE ROCK COMPANY $ 1,091.38 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT EXPENSES
116897 12/10/08 GRANITE ROCK COMPANY $ 538.10 01 76045 MATERIALS/SUPPLIES
116973 12/16/08 GRANITE ROCK COMPANY $ 29.30 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT EXPENSES
----Vendor Total---- $ 1,686.91

116974 12/16/08 GREEN VALLEY LANDSCAPE INC. $ 42,099.24 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT EXPENSES

116821 11/25/08 GRICE ENGINEERING, INC $ 3,000.00 01 87601 GEOTECHNICAL REPORT FOR MISSION TRAILS PED FOOTBRIDGE PROJECT

116899 12/10/08 HAYWARD LUMBER $ 20.72 01 88478 FIRE DEPT GENERATOR PROJECT EXPENSES
116977 12/16/08 HAYWARD LUMBER $ 88.79 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT EXPENSES
----Vendor Total---- $ 109.51

116854 12/2/08 HEIDI BURCH $ 156.78 01 64030 MILEAGE REIMBURSEMENT
116950 12/16/08 HEIDI BURCH $ 1,338.01 01 64030 TRAVEL & TRAINING REIMBURSEMENT
----Vendor Total---- $ 1,494.79

116823 11/25/08 HIGHWAY TECHNOLOGIES $ 398.33 01 89582 SCENIC SLURRY SEAL PROJECT EXPENSES

116870 12/2/08 IAN K. WATTS $ 66.79 01 72095 REIMBURSEMENT FOR FIRE DEPT SUPPLIES

116900 12/10/08 IKON OFFICE SOLUTIONS $ 238.38 01 64053 CONTRACTUAL SERVICES

116824 11/25/08 INTERSPIRO, INC. $ 1,955.78 01 72049 FIRE DEPT EQUIPMENT TESTING

116979 12/16/08 IVERSON TREE SERVICE $ 8,500.00 01 78050 OUTSIDE LABOR

116936 12/10/08 JAMES SOMMERVILLE INC. $ 93,929.80 01 89583 SAN ANTONIO & 8TH STORM DRAIN PROJECT
117003 12/16/08 JAMES SOMMERVILLE INC. $ 72,962.00 01 76050 STORM DRAIN IMPROVEMENTS-VARIOUS LOCATIONS
117003 12/16/08 JAMES SOMMERVILLE INC. $ 6,327.50 01 89583 SAN ANTONIO & 8TH STORM DRAIN PROJECT
----Vendor Total---- $ 173,219.30

116933 12/10/08 JAN ROEHL $ 318.75 01 64051 GRANT WRITER PROFESSIONAL SERVICES

116966 12/16/08 JANET L. CUBBAGE $ 64.81 01 67428 REIMB FOR EMPLOYEE HOLIDAY PARTY SUPPLIES

116969 12/16/08 JOEL FRANKLIN $ 32,129.20 01 61051 FLANDERS LITIGATION LEGAL EXPENSES

116872 12/4/08 JOHN A. HANSON $ 250.00 01 69031 REIMBURSEMENT FOR CLOTHING EXPENSE

116901 12/10/08 JOHN LEY'S TREE SERVICE $ 315.00 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT EXPENSES
116981 12/16/08 JOHN LEY'S TREE SERVICE $ 3,165.00 01 78050 REDUCTION OF 8 PINE TREES ON PALOU AVE
----Vendor Total---- $ 3,480.00

116902 12/10/08 JOHNSON ASSOCIATES $ 4,669.47 01 88577 TOMMYGATE FOR PUBLIC WORKS VEHICLE

116844 11/25/08 KAREN SHARP $ 30.00 01 67130 REIMBURSEMENT FOR ANNUAL FLU SHOT

116975 12/16/08 KATHRYN GUALTIERI $ 550.00 50 24050 HISTORIC STUDY

116825 11/25/08 KENNEDY, ARCHER & HARRAY $ 392.40 01 61051 LEGAL PROFESSIONAL SERVICES

116826 11/25/08 KNAPP MILL & CABINET CO. $ 7.40 01 76045 MATERIALS/SUPPLIES
116903 12/10/08 KNAPP MILL & CABINET CO. $ 161.07 01 70045 MATERIAL/SUPPLIES
116903 12/10/08 KNAPP MILL & CABINET CO. $ 163.38 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 331.85

116984 12/16/08 L.N. CURTIS & SONS $ 100.49 01 72602 FIRE EQUIPMENT/SUPPLIES

116982 12/16/08 L-3 COMMUNICATIONS $ 250.00 01 88536 EXTENDED WARRANTY FOR POLICE DEPT MOTORCYCLE EQUIPMENT

116905 12/10/08 LAW ENFORCEMENT $ 350.00 01 67110 PRE-EMPLOYMENT PSYCHOLOGICAL ASSESSMENTS FOR RESERVE FIREFIGHTER

116827 11/25/08 LEADERSHIP MTRY PENINSULA $ 35.00 01 64030 SEMINAR FEE FOR ADMIN SVCS DIRECTOR

116983 12/16/08 LEMOS SERVICE INC/LEMOS76 $ 164.09 01 76046 FUEL

116861 12/2/08 LENEVE PAINTING CO., INC. $ 2,892.00 01 70050 OUTSIDE LABOR

116906 12/10/08 LIEBERT CASSIDY WHITMORE $ 3,121.50 01 61051 LEGAL PROFESSIONAL SERVICES

116908 12/10/08 LIU OF NA $ 1,252.80 01 21285 RETIREMENT
116908 12/10/08 LIU OF NA $ 187.20 01 65016 RETIREMENT
116908 12/10/08 LIU OF NA $ 374.40 01 67016 RETIREMENT
116908 12/10/08 LIU OF NA $ 748.80 01 69016 RETIREMENT
116908 12/10/08 LIU OF NA $ 187.20 01 70016 RETIREMENT
116908 12/10/08 LIU OF NA $ 1,497.60 01 76016 RETIREMENT
116908 12/10/08 LIU OF NA $ 374.40 01 78016 RETIREMENT
116908 12/10/08 LIU OF NA $ 1,034.82 01 84016 RETIREMENT
----Vendor Total---- $ 5,657.22

116862 12/2/08 M&S BUILDING SUPPLY, INC $ 17.89 01 70045 MATERIAL/SUPPLIES

116909 12/10/08 M.J.MURPHY $ 14.33 01 76045 MATERIALS/SUPPLIES

116904 12/10/08 MALCOLM KNISELY $ 1,150.00 01 74053 TRAFFIC STUDIES-JUNIP & 7TH AND JUNIP & 12TH

116910 12/10/08 MARCELLO & COMPANY CPAS $ 6,800.00 01 67400 ANNUAL FINANCIAL AUDIT EXPENSE-PARTIAL PYMT

116808 11/25/08 MARGARET COLSON $ 29.00 01 67130 REIMBURSEMENT FOR ANNUAL FLU SHOT

116985 12/16/08 MCSHANE'S NURSERY & LANDS $ 704.44 01 78045 MATERIAL/SUPPLIES

116860 12/2/08 MOLLY LAUGHLIN $ 146.70 01 64040 REIMBURSEMENT FOR COUNCIL PKT PRINTING EXPENSES

116916 12/10/08 MONTEREY BAY TELEPHONE SERVICES $ 80.00 01 65051 PROFESSIONAL SERVICES
116864 12/2/08 MONTEREY BAY URGENT CARE $ 251.68 01 67110 PRE-EMPLOYMENT EXAMS
116988 12/16/08 MONTEREY BAY URGENT CARE $ 503.36 01 67110 PRE-EMPLOYMENT EXAMS
----Vendor Total---- $ 755.04

116915 12/10/08 MONTEREY COUNTY VISITORS & CONV BUREAU $ 23,572.39 01 20260 TOURISM IMPROVEMENT DIST FEE FOR SEPT-OCT 2008

116913 12/10/08 MONTEREY COUNTY BUSINESS $ 6,367.18 01 74053 CONTRACTUAL SERVICES

116863 12/2/08 MONTEREY COUNTY RECORDER $ 30.00 01 64032 PERMITS,LICENSES & FEES

116912 12/10/08 MONTEREY COUNTY TAX $ 13,848.17 01 90801 CITY PROPERTY ASSESSMENTS PD TO COUNTY

116829 11/25/08 MONTEREY COUNTY WEEKLY $ 440.00 50 24050 HOMECRAFTERS EVENT ADVERTISING
116865 12/2/08 MONTEREY COUNTY WEEKLY $ 440.00 50 24050 HOMECRAFTERS EVENT ADVERTISING
----Vendor Total---- $ 880.00

116986 12/16/08 MONTEREY FIRE EXT. CO. $ 152.17 01 72049 EQUIPMENT MAINTENANCE

116987 12/16/08 MONTEREY TIRE SERVICE $ 133.12 01 76048 TIRES/TUBES

116828 11/25/08 MONTRY BAY TELEPHONE SERV $ 80.00 01 74049 EQUIPMENT MAINTENANCE

116914 12/10/08 MTY COUNTY TELECOMM $ 74.00 01 74053 CONTRACTUAL SERVICES

116989 12/16/08 MUNICIPAL MAINT EQUIP,INC $ 837.49 01 76047 AUTOMOTIVE PARTS/SUPPLIES

116917 12/10/08 NABI $ 60.00 01 74033 DUES/MEMBERSHIPS

116990 12/16/08 NAT'L ARBOR DAY FOUNDTION $ 15.00 01 78033 DUES/MEMBERSHIPS

116830 11/25/08 NEILL ENGINEERS CORP. $ 3,410.50 01 88405 ENGINEERING FEES-DEL MAR/N. DUNES MASTER PLAN
116918 12/10/08 NEILL ENGINEERS CORP. $ 150.00 01 62053 CONTRACTUAL SERVICES-MONTHLY RETAINER
116918 12/10/08 NEILL ENGINEERS CORP. $ 4,186.50 01 89582 ENGINEERING FEES-STREET AND ROAD PROJECTS
116918 12/10/08 NEILL ENGINEERS CORP. $ 2,633.50 01 89583 ENGINEERING FEES-STORM DRAIN IMPROVEMENTS
----Vendor Total---- $ 10,380.50

116831 11/25/08 NEW IMAGE LANDSCAPE CO. $ 2,937.50 01 76053 CONTRACTUAL SERVICES

116919 12/10/08 NEXTEL COMMUNICATIONS $ 56.75 01 64036 TELEPHONE
116919 12/10/08 NEXTEL COMMUNICATIONS $ 516.37 01 65036 TELEPHONE
116919 12/10/08 NEXTEL COMMUNICATIONS $ 278.95 01 70036 TELEPHONE
116919 12/10/08 NEXTEL COMMUNICATIONS $ 91.45 01 72036 TELEPHONE
116919 12/10/08 NEXTEL COMMUNICATIONS $ 403.84 01 74036 TELEPHONE
116919 12/10/08 NEXTEL COMMUNICATIONS $ 98.85 01 76036 TELEPHONE
116919 12/10/08 NEXTEL COMMUNICATIONS $ 29.25 01 78036 TELEPHONE
----Vendor Total---- $ 1,475.46

116991 12/16/08 NIELSEN BROS. MARKET,INC. $ 300.00 50 24050 SENIORS-HELPING SENIORS PROGRAM EXPENSES

116920 12/10/08 NSPE $ 260.00 01 64033 DUES/MEMBERSHIPS

116992 12/16/08 OCCU-MED LTD. $ 50.00 01 67110 PRE-EMPLOYMENT MEDICAL EXAM REVIEW

116832 11/25/08 OFFICE DEPOT, INC. $ 83.00 01 64043 OFFICE SUPPLIES
116832 11/25/08 OFFICE DEPOT, INC. $ 55.79 01 72043 OFFICE SUPPLIES
116832 11/25/08 OFFICE DEPOT, INC. $ 17.11 01 72600 EMERGENCY RESPONSE TRAINING
116832 11/25/08 OFFICE DEPOT, INC. $ 25.59 50 24050 COMMUNITY SPECIAL EVENTS
116866 12/2/08 OFFICE DEPOT, INC. $ 84.92 01 69042 OFFICE MACHINE SUPPLIES
116866 12/2/08 OFFICE DEPOT, INC. $ 30.85 01 69043 OFFICE SUPPLIES
116921 12/10/08 OFFICE DEPOT, INC. $ 140.22 01 65042 OFFICE MACHINE SUPPLIES
116921 12/10/08 OFFICE DEPOT, INC. $ 262.19 01 65043 OFFICE SUPPLIES
116921 12/10/08 OFFICE DEPOT, INC. $ 10.61 01 65045 MATERIALS/SUPPLIES
116921 12/10/08 OFFICE DEPOT, INC. $ 26.47 01 65049 EQUIPMENT MAINTENANCE
116921 12/10/08 OFFICE DEPOT, INC. $ 22.24 01 74056 PHOTOGRAPHIC SUPPLIES
116921 12/10/08 OFFICE DEPOT, INC. $ 46.31 01 82043 OFFICE SUPPLIES
116993 12/16/08 OFFICE DEPOT, INC. $ 30.15 01 64043 OFFICE SUPPLIES
116993 12/16/08 OFFICE DEPOT, INC. $ 36.41 01 72042 OFFICE MACHINE SUPPLIES
116993 12/16/08 OFFICE DEPOT, INC. $ 41.01 01 72095 OPERATIONAL SERVICES/SUPPLIES
----Vendor Total---- $ 912.87

116833 11/25/08 ORCHARD SUPPLY $ 50.34 01 76045 MATERIALS/SUPPLIES
116833 11/25/08 ORCHARD SUPPLY $ 102.40 01 76046 FUEL
116833 11/25/08 ORCHARD SUPPLY $ 89.99 01 76054 TOOLS/EQUIPMENT
----Vendor Total---- $ 242.73

116834 11/25/08 PACIFIC CREDIT SERVICES INC. $ 12.00 01 67110 PRE-EMPLOYMENT CREDIT CHECK EXPENSES

116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 606.53 01 64026 UTILITIES
116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 63.22 01 70026 UTILITIES
116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 769.55 01 72026 UTILITIES
116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 2,628.35 01 74026 UTILITIES
116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 1,316.18 01 76026 UTILITIES
116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 408.25 01 82026 UTILITIES
116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 2,743.27 01 84026 UTILITIES
116922 12/10/08 PACIFIC GAS & ELECTRIC CO $ 367.48 60 81026 UTILITIES
----Vendor Total---- $ 8,902.83

116994 12/16/08 PACIFIC SMOG $ 49.75 01 76049 EQUIPMENT MAINTENANCE

116867 12/2/08 PENINSUL HYDRONICS INC. $ 1,332.64 01 70053 CONTRACTUAL SERVICES

116923 12/10/08 PENINSULA MESSENGER SERVICE $ 4,350.00 01 64204 MAIL SERVICE CONTRACT

116996 12/16/08 PENINSULA WELDING SUPPLY $ 47.92 01 76046 FUEL

116835 11/25/08 PERSPECTACLES $ 125.00 01 72057 SAFETY EQUIPMENT

116837 11/25/08 PETTY CASH $ 0.81 01 72031 CLOTHING
116837 11/25/08 PETTY CASH $ 73.74 01 72054 TOOLS/EQUIPMENT/SUPPLIES
116837 11/25/08 PETTY CASH $ 0.11 01 72095 OPERATIONAL SERVICES/SUPPLIES
116924 12/10/08 PETTY CASH $ 100.00 01 64030 TRAINING/PERSONAL EXP.
116925 12/10/08 PETTY CASH $ 36.15 01 74095 OPERATIONAL SERVICES/SUPPLIES
116997 12/16/08 PETTY CASH $ 81.05 01 72095 OPERATIONAL SERVICES/SUPPLIES
116838 11/25/08 PETTY CASH - RECREATION $ 182.65 50 24050 COMMUNITY SPECIAL EVENTS
116926 12/10/08 PETTY CASH - RECREATION $ 76.84 50 24050 COMMUNITY SPECIAL EVENTS
116836 11/25/08 PETTY CASH-ADMINISTRATION $ 45.00 01 64030 TRAINING/PERSONAL EXP.
116836 11/25/08 PETTY CASH-ADMINISTRATION $ 20.00 01 67130 EMPLOYEE IMMUNIZATION PROGRAM
116836 11/25/08 PETTY CASH-ADMINISTRATION $ 82.95 01 67428 EMPLOYEE RECOGNITION
----Vendor Total---- $ 699.30

116868 12/2/08 PIATTI RISTORANTE & BAR $ 119.66 01 67100 MEALS EXPENSE FOR FIREFIGHTER INTERVIEW PANEL

116927 12/10/08 PMC $ 7,004.03 50 24050 CARMEL SANDS LODGE PROJECT CEQA EXPENSES

116928 12/10/08 PROFESSIONAL PROP MAINT $ 6,842.52 01 70053 CONTRACTUAL SERVICES

116929 12/10/08 PROPERTY SERV/MAINTENANCE $ 1,040.00 01 76053 CONTRACTUAL SERVICES

116930 12/10/08 PROTRADES CONNECTION $ 1,888.92 50 24050 CITY XMAS LIGHTS INSTALLATION

116998 12/16/08 PSTS, INC. $ 550.00 01 76050 OUTSIDE LABOR

116999 12/16/08 QUINN COMPANY $ 367.36 01 76049 EQUIPMENT MAINTENANCE

116907 12/10/08 RACHELLE D. LIGHTFOOT $ 16.03 01 64030 TRAINING/PERSONAL EXP.
116907 12/10/08 RACHELLE D. LIGHTFOOT $ 14.78 01 74095 OPERATIONAL SERVICES/SUPPLIES
----Vendor Total---- $ 30.81

117000 12/16/08 RANCHO CAR WASH $ 27.92 01 74050 OUTSIDE LABOR

116839 11/25/08 RBF CONSULTING $ 7,565.27 01 88401 GENERAL PLAN PROJECT EXPENSES
116839 11/25/08 RBF CONSULTING $ 934.90 01 88405 DEL MAR/N. DUNES MASTER PLAN EXPENSES
116931 12/10/08 RBF CONSULTING $ 10,698.18 01 88401 GENERAL PLAN PROJECT EXPENSES
116931 12/10/08 RBF CONSULTING $ 2,123.16 01 88405 DEL MAR/N. DUNES MASTER PLAN EXPENSES
116931 12/10/08 RBF CONSULTING $ 4,916.55 01 88406 GENERAL PLAN HOUSING ELEMENT EXPENSES
----Vendor Total---- $ 26,238.06

116840 11/25/08 RDJ SPECIALTIES, INC. $ 475.00 01 72055 FIRE DEPT SUPPLIES

116932 12/10/08 REDSHIFT $ 125.85 01 65053 CONTRACTUAL SERVICES

117001 12/16/08 REF DEVELOPMENT, INC. $ 450.00 50 24050 REFUND OF HISTORIC DEPOSIT

116898 12/10/08 RICH GUILLEN $ 89.81 01 64030 REIMBURSEMENT FOR MEETING EXPENSES
116976 12/16/08 RICH GUILLEN $ 38.87 01 64030 REIMBURSEMENT FOR MEETING EXPENSES
----Vendor Total---- $ 128.68

116980 12/16/08 ROBERT S. JAQUES $ 1,400.00 01 76055 STORM WATER RUNOFF PROGRAM EXPENSES

116841 11/25/08 SAFETY-KLEEN $ 375.00 01 76045 MATERIALS/SUPPLIES

116842 11/25/08 SAFEWAY $ 163.57 01 67428 EMPLOYEE MONTHLY BIRTHDAY PARTY SUPPLIES

116822 11/25/08 SARAH GUNTER $ 37.07 01 72095 OPERATIONAL SERVICES/SUPPLIES

116888 12/10/08 SEAN CONROY $ 247.97 01 64030 MILEAGE REIMBURSEMENT

116869 12/2/08 SEARS COMMERCIAL ONE $ 2,160.45 01 70045 LIBRARY PARK BRANCH GENERATOR

117002 12/16/08 SKIPS ONE STOP MONTEREY $ 481.49 01 76047 AUTOMOTIVE PARTS/SUPPLIES

116995 12/16/08 STEPHANIE PEARCE $ 250.00 01 67428 EMPLOYEE RETIREMENT AWARD

117004 12/16/08 SUMMIT UNIFORMS $ 977.55 01 74031 CLOTHING EXPENSE

116892 12/10/08 THE DRAWING BOARD $ 32.90 01 74039 PRINTING

116937 12/10/08 THOMSON WEST $ 349.10 01 61034 DOCUMENTS/PUBLICATIONS

116938 12/10/08 TIGERLILLY FLORIST&GIFTS $ 107.25 01 64095 OPERATIONAL SERVICE/SUPPLIES

116845 11/25/08 TOPE'S TREE SERVICE $ 5,050.00 01 78050 OUTSIDE LABOR

116939 12/10/08 TRISTAR RISK MANAGEMENT $ 19.00 01 64019 WORKERS COMPENSATION INSURANCE ADMIN FEE
116939 12/10/08 TRISTAR RISK MANAGEMENT $ 85.00 01 70019 WORKERS COMPENSATION INSURANCE ADMIN FEE
116939 12/10/08 TRISTAR RISK MANAGEMENT $ 213.00 01 72019 WORKERS COMPENSATION INSURANCE ADMIN FEE
116939 12/10/08 TRISTAR RISK MANAGEMENT $ 1,546.00 01 74019 WORKERS COMPENSATION INSURANCE ADMIN FEE
116939 12/10/08 TRISTAR RISK MANAGEMENT $ 142.00 01 76019 WORKERS COMPENSATION INSURANCE ADMIN FEE
116939 12/10/08 TRISTAR RISK MANAGEMENT $ 95.00 01 78019 WORKERS COMPENSATION INSURANCE ADMIN FEE
----Vendor Total---- $ 2,100.00

117005 12/16/08 TRUCKSIS ENTERPRISES,INC. $ 600.00 01 69055 BANNERS INSTALLATIONS & TAKEDOWNS

116846 11/25/08 UNITED RENTALS $ 484.00 01 88478 FIRE DEPT OTHER EQUIPMENT

116940 12/10/08 VALLEY SAW & GARDEN EQUIP $ 344.75 01 76054 TOOLS/EQUIPMENT
116940 12/10/08 VALLEY SAW & GARDEN EQUIP $ 199.18 01 78045 MATERIAL/SUPPLIES
116940 12/10/08 VALLEY SAW & GARDEN EQUIP $ 24.95 01 78054 TOOLS/EQUIPMENT
----Vendor Total---- $ 568.88

117006 12/16/08 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 403.75 50 24050 VOLUME STUDIES
----Vendor Total---- $ 776.09

116941 12/10/08 VERIZON WIRELESS $ 90.72 01 64036 TELEPHONE
117007 12/16/08 VERIZON WIRELESS $ 79.03 01 65036 TELEPHONE
----Vendor Total---- $ 169.75

116942 12/10/08 VNA-COMMUNITY SERVICES $ 840.00 01 67130 EMPLOYEE ANNUAL FLU SHOTS

117008 12/16/08 WASSON'S CLEANING SVCS. $ 1,164.45 01 74053 CONTRACTUAL SERVICES

116847 11/25/08 WELLS FARGO (CREDIT CARD) $ 130.90 01 72057 SAFETY EQUIPMENT
116848 11/25/08 WELLS FARGO (CREDIT CARD) $ 40.00 01 76046 FUEL
116848 11/25/08 WELLS FARGO (CREDIT CARD) $ 10.00 01 78033 DUES/MEMBERSHIPS
116849 11/25/08 WELLS FARGO (CREDIT CARD) $ 440.00 01 64030 ASST CITY ADMINISTRATOR SEMINAR FEE
116849 11/25/08 WELLS FARGO (CREDIT CARD) $ 107.74 01 65045 MATERIALS/SUPPLIES
116849 11/25/08 WELLS FARGO (CREDIT CARD) $ 18.39 01 65049 EQUIPMENT MAINTENANCE
116849 11/25/08 WELLS FARGO (CREDIT CARD) $ 126.95 01 65052 WEBSITE SERVICES
117009 12/16/08 WELLS FARGO (CREDIT CARD) $ 100.00 01 78033 DUES/MEMBERSHIPS
117009 12/16/08 WELLS FARGO (CREDIT CARD) $ 499.95 01 78045 MATERIAL/SUPPLIES
117010 12/16/08 WELLS FARGO (CREDIT CARD) $ 69.98 01 65045 MATERIALS/SUPPLIES
117010 12/16/08 WELLS FARGO (CREDIT CARD) $ 126.95 01 65053 CONTRACTUAL SERVICES
117010 12/16/08 WELLS FARGO (CREDIT CARD) $ 274.55 01 67053 CONTRACTUAL SERVICES
117011 12/16/08 WELLS FARGO (CREDIT CARD) $ 409.90 01 64030 PLANNING & BLDG SVCS MGR SEMINAR FEE
117011 12/16/08 WELLS FARGO (CREDIT CARD) $ 37.48 01 67043 OFFICE SUPPLIES
117011 12/16/08 WELLS FARGO (CREDIT CARD) $ 328.71 50 24050 CITY XMAS LIGHTS
----Vendor Total---- $ 2,721.50


117013 12/16/08 WEST COAST POLICE & FIRE $ 170.00 01 74049 EQUIPMENT MAINTENANCE
116850 11/25/08 WESTAFF $ 860.26 01 67023 ADMIN SVCS DEPT PART-TIME ASSISTANCE
117012 12/16/08 WESTAFF $ 499.88 01 67023 ADMIN SVCS DEPT PART-TIME ASSISTANCE
----Vendor Total---- $ 1,360.14

116943 12/10/08 WINNERS AWARDS & ENGRAVER $ 150.15 01 64043 OFFICE SUPPLIES

116871 12/2/08 ZEE MEDICAL SERVICE CO. $ 132.56 01 69095 OPERATIONAL SERVICES/SUPPLIES
116944 12/10/08 ZEE MEDICAL SERVICE CO. $ 140.68 01 76057 SAFETY EQUIPMENT
----Vendor Total---- $ 273.24

215 Checks Total: $794,853.82

CITY COUNCIL: Resolution Accepting $3,000 Gift form Pacific Grove Youth Action Inc.

Meeting Date: December 2, 2008
Prepared by: Joyce Giuffre,
Admin. Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution accepting a gift of $3,000 from the Pacific Grove Concours Auto Rally for deposit into the Mayor’s Youth Fund.

Description: The City of Carmel-by-the-Sea received a donation of $3,000 from Pacific Grove Youth Action Inc., also known as the Pacific Grove Concours Auto Rally. The Pacific Grove Concours Auto Rally is a fundraiser for the Pacific Grove Youth Action, which started in 1993. Beneficiaries of the annual event include the Pacific Grove Youth Center, the City of Carmel-by-the-Sea Mayor’s Youth Fund and the Pacific Grove Unified School District.

The Mayor’s Youth Fund was established in 1987 to receive monies and to make disbursements in regard for youth and recreational activities. City policy C89-41, Acceptance of Donations and Gifts to the City, requires City Council approval for donations more than $1,000.

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

Staff Recommendation: Staff recommends that the Council adopt the resolution accepting the $3,000 donation from the Pacific Grove Concours Auto Rally.

Decision Record: Resolution 2007-05 approving acceptance of the $1,500 donation received in December 2006; Resolution 2004-51 approving acceptance of the $1,000 donation received from the Pacific Grove Concours Auto Rally in June 2004; and Resolution 2003-81 approving acceptance of the $1,000 donation received in June 2003.

Reviewed by:


Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2008 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A GIFT OF $3,000 FROM THE PACIFIC GROVE CONCOURS AUTO RALLY FOR DEPOSIT INTO THE MAYOR’S YOUTH FUND

WHEREAS, the Pacific Grove Concours Auto Rally generously donated $3,000 to the Mayor’s Youth Fund; and

WHEREAS, the City’s Policy C89-41, Acceptance of Donations and Gifts to the City, requires City Council approval for donations more than $1,000.

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

1. Accept with gratitude the donation of $3,000 from the Pacific Grove Auto Rally and authorize its deposit into the Mayor’s Youth Fund account 50-24050-0726.

2. Direct the City Clerk to send a letter of thanks.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of December 2008, by the following roll call vote:

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

SIGNED,

________________________________
Heidi Burch, City Clerk

ATTEST:

___________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution Accepting $2,500 Grant from Colonel Dorothea Terry Layne Fund for Carmel Beach

Meeting Date: December 2, 2008
Prepared by: Joyce Giuffre
Admin Svcs Director

City Council
Agenda Item Summary
Name: Consideration of a Resolution accepting a grant of $2,500 from the Colonel Dorothea Terry Layne Fund for the beautification and maintenance of Carmel Beach.

Description: The City received a $2,500 grant from the Colonel Dorothea Terry Layne Fund of the Community Foundation for Monterey County. The purpose of the grant is to support and expand existing programs for the beautification and maintenance of Carmel Beach.

The City previously has received three grants from the Colonel Dorothea Terry Layne Fund, most recently a $2,000 grant on January 8, 2008. All previous grants were designated for the beautification and maintenance of Carmel Beach.

The monies will be held in deposit account 50-24050-0633 until it is used for Carmel Beach expenditures.

Overall Cost: City Funds: N/A
Grant Funds: $2,500

Staff Recommendation: Approve the Resolution accepting the grant of $2,500 from the Colonel Dorothea Terry Layne Fund and direct staff to use the monies for beautification and maintenance of Carmel Beach.

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

Decision Record: Resolution 2008-1 dated January 8, 2008 accepting a $2,000 grant; Resolution 2007-14 dated March 13, 2007 accepting a $2,000 grant; and Resolution 2007-56 dated September 11, 2007 accepting a $3,000 grant from the Col. Dorothea Terry Layne Fund of the Community Foundation for Monterey County.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A GRANT OF $2,500 FROM THE COLONEL DOROTHEA TERRY LAYNE FUND FOR BEAUTIFICATION AND MAINTENANCE OF CARMEL BEACH

WHEREAS, the City of Carmel-by-the-Sea received a grant of $2,500 from the Colonel Dorothea Terry Layne Fund of the Community Foundation for Monterey County; and

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

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

1. Accept with gratitude the grant of $2,500 from the Colonel Dorothea Terry Layne Fund of the Community Foundation for Monterey County for deposit to account
50-24050-0633.

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

3. Direct the Mayor to send a letter of thanks and appreciation to the Colonel Dorothea Terry Layne Fund of the Community Foundation for Monterey County.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of December 2008, by the following roll call vote:

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

SIGNED,

________________________________
Heidi Burch, City Clerk

ATTEST:

___________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution Approving Regular Meeting Schedule of City Council for 2009

Meeting Date: December 2, 2008
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2009.

Description: Adoption of the Resolution will establish the meeting dates of the City Council Regular Meetings in 2009. Special Meetings are not included.

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

Staff Recommendation: Adopt the Resolution.

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

Decision Record: Yearly in December.

Reviewed by:

___________________________ __________________
Rich Guillen, City Administrator Date


MEMORANDUM
TO: Members of the City Council
FROM: Mayor McCloud
Mayor Pro Tempore Hazdovac
DATE: November 15, 2008
SUBJECT: 2009 Calendar of Regular City Council Meetings
______________________________________________________________________
Section 2.04.020 of the Municipal Code directs the Mayor and Mayor Pro Tempore to place on the December agenda the City Council’s calendar of meetings for the coming year.

Attached for your approval is the 2009 Calendar of regularly scheduled meetings.
Special Meetings are not included on this Calendar.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE MEETING DATES OF THE CITY COUNCIL FOR THE CALENDAR YEAR 2009
________________________________________________________________________
WHEREAS, Section 2.04.020 of the Municipal Code directs the Mayor and Mayor Pro
Tempore to place on the December agenda the City Council’s calendar of meetings for the coming year;

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

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

1. To accept the calendar of City Council meetings for calendar year 2009 as attached hereto as Exhibit “A.”

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 2nd day of December 2008, by the following roll call vote:

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

______________________
Heidi Burch, City Clerk

ATTEST:

______________________
SUE McCLOUD, MAYOR


Exhibit “A”2009 Calendar of City Council Meetings
Month Tour of Inspection Regular Meeting
January 5 6
February 2 3
March 2 3
April 6 7
May 4 5
June 1 2
July 6 7
August 3 4
September August 31 1
October 5 6
November 2 3
December November 30 1

CITY COUNCIL: Resolution Accepting Nichols Consulting Engineers Proposal for Traffic & Classification Counts & Truck Impact Fee Study Update

Meeting Date: December 2, 2008
Prepared by: Joyce Giuffre,
Admin. Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400.

Description: In March 2007, the City contracted with Nichols Consulting Engineers (NCE) to prepare a Construction Truck Impact Fee Study. The study was presented to the Council in February 2008.

In May 2008, the City Administrator held a meeting to discuss the Construction Impact Fee Study and to get input from local contractors, Margot Yapp from NCE, and other City staff. The contractors asked the City of Carmel-by-the-Sea to conduct its own traffic count to determine the volume of construction truck traffic.

Attached is NCE’s proposal (Exhibit “A”) to provide traffic and classifications count to estimate the annual percentage of construction traffic. A one-day manual count will be conducted on Carpenter Street, between Serra Avenue and Valley Way, to determine how much is construction truck traffic versus traffic from other vehicles with the same number of axles. Besides the manual count, a vehicle classification counts done by machine will also take place on three consecutive weekdays.

To adequately measure the construction truck counts, NCE recommends the counts be performed in late spring or early summer. Upon completion of the traffic counts, NCE will revise the earlier Construction Truck Impact Fee Study and a revised report will be presented to the City Council.

Overall Cost: City Funds: $10,400 to be funded from Administration Department account 01-64051
Grant Funds: N/A

Staff Recommendation: Approve the proposal by NCE.

Important Considerations: The City Council directed staff to look at a construction truck impact fee to help fund street and road projects. The Construction Truck Impact Fee Study previously prepared by NCE included traffic counts from the City of Monterey. By conducting a traffic count within the confines of the City of Carmel-by the-Sea, there will be more accurate data to evaluate the impact of construction trucks on our streets.

Decision Record: Resolution 2007-13, dated March 13, 2007, approving the contract with Nichols Consulting Engineers for a 2007 Pavement Management and Truck Impact Fee study.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A PROPOSAL FROM NICHOLS CONSULTING ENGINEERS FOR TRAFFIC AND CLASSIFICATION COUNTS AND AN UPDATE TO THE CONSTRUCTION TRUCK IMPACT FEE STUDY IN AN AMOUNT NOT TO EXCEED $10,400

WHEREAS, Nichols Consulting Engineers prepared a Construction Truck Impact Fee Study in February 2008; and

WHEREAS, the City desires to contract with Nichols Consulting Engineers to update the study by conducting traffic and classification counts in an amount not to exceed $10,400; and

WHEREAS, the City will use funds from Administration Department’s professional services account 01-64051 to pay for the work by Nichols Consulting Engineers.

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

1. Accept the proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400, to be funded from account 01-64051.

PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF CARMEL-BY-THE SEA this 2nd day of December 2008, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,

_________________________
Heidi Burch, City Clerk

ATTEST:

_________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution Approving Contract Change Orders for Manufacture of Saber PUC Pumper Fire Engine

Meeting Date: December 2, 2008
Prepared by: Joyce Giuffre,
Admin Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving contract change orders totaling $9,323 for the manufacture of a Saber PUC Pumper Fire Engine.

Description: On August 5, 2008, the City Council passed Resolution 2008-54, approving a contract with Pierce Manufacturing for the design and manufacture of a Saber PUC Pumper Fire Engine in the amount of $427,645.44. The contract was signed and the fire engine is now being constructed.

A New Apparatus Committee was formed by three members of the City’s Fire Department: Captain Ian Watts, Engineer Ken Hutchinson, and Paid-Call Battalion Chief John Trenner. The Committee met with Pierce Manufacturing to review the preliminary construction phase of the new fire engine.

The Committee’s goal was to verify and finalize the proper technical specifications are in compliance with National Fire Protection Association (NFPA) standards. Based on the Committee’s meeting with Pierce, contract change orders totaling $9,323 were identified per Attachment “A”. Approving the change orders will ensure the fire engine is properly equipped for the needs of Carmel-by-the-Sea and meet NFPA standards. The estimated completion date for the fire engine is late March 2009.

Overall Cost:
City Funds: $9,323 plus estimated finance charges of $2,017 for a total of $11,340 (assuming seven-year financing, the estimated increase to the annual lease cost is $1,620)
Grant Funds: N/A

Staff Recommendation: Approve the Resolution.

Decision Record: Resolution 2008-54 dated August 5, 2008, approving the new contract with Pierce Manufacturing to manufacture a Saber PUC Pumper fire engine in the amount of $427,645.44

Reviewed by:


Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING CONTRACT CHANGE ORDERS TOTALING $9,323 FOR THE MANUFACTURE OF A SABER PUC PUMPER FIRE ENGINE

WHEREAS, Resolution 2008-54, dated August 5, 2008, approved a contract with Pierce Manufacturing for the design and manufacture of a Saber PUC Pumper Fire Engine in the amount of $427,645.44; and

WHEREAS, contract change orders totaling $9,323 per Attachment “A” have been identified as necessary to properly equip the fire engine and to comply with National Fire Protection Association (NFPA) standards.

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

1. Approve contract change orders totaling $9,323 per Attachment “A”.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of December 2008, by the following roll call vote:

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

_____________________
Heidi Burch, City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR


Carmel By the Sea FD Changes for job # 21568
# OPTION DESCRIPTION OF CHANGE QTY ACTION COST

47 Total of changes made, this amount will be due and payable upon delivery of the unit $ 9,323.00

CITY COUNCIL: Amendment to Consultant Services Agreement with Montery Bay Planning Services

Meeting Date: December 2, 2008
Prepared by: Joyce Giuffre,
Admin. Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution amending the automobile mileage clause in the consultant services agreement with Monterey Bay Planning Services.

Description: On July 1, 2008, the City Council passed Resolution 2008-45, approving a consultant services agreement with Monterey Bay Planning Services. The consultant provides planning services to the City, including work on the General Plan, Local Coastal Land Use Plan, revision to ordinances, and advice on CEQA documents.

Section II, C.2. of the original agreement (Attachment “B”) included compensation for automobile mileage. City staff recommends that this section be eliminated and Section II, C.1 be revised to allow for mileage reimbursement for authorized travel only. This change will make the agreement consistent with other consultant agreements.

Overall Cost:
City Funds: N/A

Grant Funds: N/A
Staff Recommendation: Approve the Resolution.

Decision Record: Resolution 2008-45 dated July 1, 2008 approving the new consultant agreement with Monterey Bay Planning Services.

Reviewed by:


Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE AUTOMOBILE MILEAGE CLAUSE IN THE CONSULTANT SERVICES AGREEMENT WITH MONTEREY BAY PLANNING SERVICES

WHEREAS, Resolution 2008-45, dated July 1, 2008 approved the consultant services agreement with Monterey Bay Planning Services; and

WHEREAS, the City desires to amend Section II.C, Compensation by allowing for mileage reimbursement based on authorized travel only.

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

1. Authorize the City Administrator to sign the amendment to the consultant services Agreement with Monterey Bay Planning Services (Attachment “A”).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of December 2008, by the following roll call vote:

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

SIGNED:

_____________________
Heidi Burch, City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR


ATTACHMENT “A”
AMENDMENT TO CONSULTANT AGREEMENT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND
MONTEREY BAY PLANNING SERVICES EXECUTED ON JULY 1, 2008
Effective December 2, 2008, the following subsection is amended as follows:

II. Compensation
C. City will compensate Consultant for actual out-of-pocket expenses incurred by Consultant in connection with services performed in accordance with the
following schedule:

1. Incurred Expenses – by an amount equal to actual incurred expenses and within the limits established in the attached scope of work and budget. Such expenses include, but are not limited to, authorized travel by automobile (at current mileage rate allowed by the Internal Revenue Service) or common carrier, longdistance telephone calls and other similar expenses. Incurred expenses do not include normal overhead expenses.

2. Photocopies – at the rate of $.10 per page for each document copy in excess of ten (10) document copies or as specified in the attached scope of work and budget.

City of Carmel-by-the-Sea Monterey Bay Planning Services


_________________________ _________________________
Rich Guillen Date Brian Roseth Date
City Administrator Principal

CITY COUNCIL: Resolution Approving At-Will Job Description & Salary Range for Public Services Director

Meeting Date: December 2, 2008
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

Description: The Public Services Department, composed of three divisions, is one of the City’s five departments. The Public Services Department director will report to the City Administrator. The Department will meet a community need for enhanced livability and functional environment. The Department will ensure that the forest, beach, parks, and the City’s infrastructure be preserved, rehabilitated or enhanced.

Overall Cost:
City Funds: $7,482/month to $9,093/month
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution approving the job description and the salary range.

Important Considerations: The Public Services Director will work under the general direction of the City Administrator. The Public Services Department is composed of three divisions: 1) Forest Parks and Beach; 2) Public Works; and 3) Facilities Maintenance. This Department will take the lead with other City departments and agencies on infrastructure maintenance, forest, parks & beach preservation and facilities maintenance.

Decision Record: The creation and estimated funding for the position was approved as part of the Fiscal Year 2008/2009 Annual Budget.

Reviewed:


Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ESTABLISHING THE JOB DESCRIPTION FOR THE POSITION OF PUBLIC SERVICES DIRECTOR

WHEREAS, the City Administrator has the responsibility for the administration of the Position Classification Plan, in accordance with Carmel Municipal Code (CMC), Article II, Section 2.52.040 (A); and,

WHEREAS, the City Administrator may determine the need for new classifications or the revision of existing classifications in accordance with CMC, Article II, Section 2.52.040 (C); and,

WHEREAS, the City Administrator may propose revised class specifications to the City Council in accordance with CMC, Article II Section 2.52.040 (D),

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Carmel-by-the-
Sea does:

1. Establish the following job classification (job description attached) for the position of Public Services Director.

2. Authorize that the above classification is deemed an “At-Will” position to be filled by appointment of the City Administrator and hold office and serve at the pleasure of the City Administrator, in accordance with Carmel Municipal Code, Article III, Section 2.52.050, and

3. Authorize the City Administrator, at his discretion; to establish the salary and benefits for the above classification, within the parameters of the authorized budget and individual, negotiated at-will agreement.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, this 2nd day of December 2008 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,

___________________________________
Heidi Burch, City Clerk

ATTEST:

_________________________________
SUE McCLOUD, MAYOR


CITY OF CARMEL-BY-THE-SEA
PUBLIC SERVICES DIRECTOR

Definition
Under general administrative direction from the City Administrator, plans, directs, manages, and oversees the activities and operations of the Department of Public Services. The scope and responsibility of this position includes taking the lead with the Public Works, the Forest Parks and Beach, the Facilities Maintenance divisions and coordination with other City departments, the City Attorney and outside agencies.

Supervision Exercised
The Public Services Director exercises direct supervision over supervisory, professional, technical, and clerical staff.

Examples of Important and Essential Duties
Assumes full management responsibility for all planning functions, regulations, services and activities within the department.

Administers all parks and recreation programs, and special events consistent with the City’s General Plan and Municipal Code. Works closely with the City Administrator to establish goals for the Public Services Department. Provides direct professional support to the City Administrator on programs and events.

Take the lead with other agencies on park and open space issues in addition to creating an effective vision for the future of the forest, beach and open space management; conducts a variety of organizational and operational studies. The Department will meet a community need for enhanced livability by providing an attractive and functional natural environment.

Establishes policies, procedures, priorities and performance expectations for the public works, the forest parks and beach, and the facilities maintenance staff within the Department.

Allocates resources to achieve Department goals. Assigns work to department staff and monitors product for quality and accuracy. Negotiates and resolves a variety of issues within the Department.

Assumes responsibility for personnel matters including recruitment, training, supervision, evaluation, motivation and discipline for all department staff; implements termination procedures when appropriate.

Serves as a resource for other departments, the City Administrator, the City Attorney, the City Council, the Forest Parks and Beach Commission, the Community Activities and Cultural Commission and other committees; prepares and presents staff reports and other necessary correspondence.

Responds to and resolves issues; coordinates with the Public Works, Forest Parks and Beach, Facilities Maintenance divisions and other departments on the enforcement of laws and codes governing infrastructure maintenance and, forestry and beach management.

Coordinates the planning activities of the Department to ensure a smooth workflow between the public works functions, the forest parks and beach functions, and the facilities maintenance functions of the Department. Supervises the review of permits by department staff to ensure conformance with the Municipal Code provisions and consistency with the City’s policies and procedures.

Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors work load, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; directs the implementation of changes.

Assumes responsibility for preparation and implementation of the budget for each division of the Public Services Department. Forecasts funding requirements for staffing, equipment, materials, and supplies; monitors and approves expenditures; directs the preparation of the department budget and implements budgetary adjustments as necessary. Identifies opportunities for reducing costs. Monitors fee schedules and recommends amendments to the City Administrator.

Participates on a variety of boards and commissions; attends and participates in professional group meetings; stays abreast of new trends and innovations in the fields of public works, forestry preservation and beach management.

Other Job Related Duties
Perform related duties and responsibilities as assigned.

Job Related and Essential Qualifications
Knowledge of:
Advanced principles and practices of municipal budget preparation and administration.

Principles of supervision, training, and performance evaluation.

Safe driving principles and practices.

Skill to:
Operate modern office equipment including computer equipment.

Operate a motor vehicle safely.

Ability to:
Provide administrative and professional leadership and direction for the Department.

Plan, organize, direct, and coordinate the work of supervisory, professional, technical, and clerical personnel; delegate authority and responsibility.

Select, supervise, train, and evaluate staff.

Identify and respond to community, City Administrator, City Council, and Forest Parks and Beach Commission issues, concerns, and needs.

Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.

Plan, organize, and direct comprehensive department programs. Conduct thorough
investigations and research, collect, compile, and analyze information and data.

Research, analyze, and evaluate new service delivery methods, procedures, and techniques.

Prepare and administer department related budgets; allocate limited resources in a cost effective manner.

Prepare clear and concise administrative, technical, and financial reports.

Interpret and apply the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions.

Read, interpret, and apply a wide variety of technical information from manuals, drawings, specifications, layouts, blueprints, and schematics.

Communicate clearly and concisely, both orally and in writing.

Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Experience and Education Guidelines:

Any combination equivalent to experience and training that would provide the required
knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience:

Seven years of responsible parks & recreation management including five years of
management and supervisory experience.

Education/Training:
Equivalent to a Bachelor's degree from an accredited college or university with major course work in recreation resource management, parks and recreation management, and public administration or a related field. A Master's degree is highly desirable.
OR
Ten years of professional experience involving the management of a department that meets a community need for enhanced livability and functional environment and, has experience in managing forest, beach, parks and the related infrastructure resources.

License or Certificate:
Possession of, or ability to obtain, an appropriate, valid driver's license.

Special Requirements:

Essential duties require the following physical skills and work environment:

Ability to work in a standard office environment with some ability to travel to different sites and locations.
Effective Date: December 2008

CITY COUNCIL: Findings for Council's Decision to Grant Appeal of Planning Commission Approval of EIR & Permits for Plaza del Mar

Meeting Date: 2 December 2008
Prepared by: Brian Roseth,
Planning Consultant

City Council
Agenda Item Summary

Name: Consideration of findings and the record of decision on the appeal of Planning Commission approval of an environmental impact report and project permits for the Plaza del Mar project located on the SE corner of Dolores Street and Seventh Avenue.

Description: On 4 November 2008, the City Council granted an appeal of the Planning Commission’s decision to certify the Environmental Impact Report and approve project permits for the Plaza del Mar project. The proposed action is to approve findings and record of decision to document the Council’s action.

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

Staff Recommendation: Adopt the findings and record of decision.

Important Considerations: On 4 November 2008, the City Council heard an appeal of the Planning Commission’s decision to certify the Environmental Impact Report and approve all project permits for the Plaza del Mar project. The Council granted part of the appeal and denied part. Staff was directed to prepare findings to document the action.

Attached are the findings and the specifics of the Council’s action. The Council should review these to verify that they are an accurate representation of the action.

Decision Record:
Planning Commission action on 10 September 2008; City Council reviews 4 November 2008.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: BRIAN ROSETH, PLANNING CONSULTANT
DATE: 2 DECEMBER 2008
SUBJECT: CONSIDERATION OF FINDINGS AND THE RECORD OF DECISION ON THE APPEAL OF PLANNING COMMISSION APPROVAL OF AN ENVIRONMENTAL IMPACT REPORT AND PROJECT PERMITS FOR THE PLAZA DEL MAR PROJECT LOCATED ON THE SOUTHEAST CORNER OF DOLORES STREET AND SEVENTH AVENUE.

On 4 November 2008, the City Council granted part of an appeal of the Planning Commission’s decision to certify the Environmental Impact Report (EIR) and approve all project permits for the Plaza del Mar project. There were several grounds for the appeal and it is the understanding of staff that all were accepted by the Council, except for the challenge regarding historic preservation.

The attached findings and record of the Council’s action are submitted for review and approval. As drafted, the Council action grants the appeal, overturns the Commission decisions to certify the EIR and approves all permits. The decision also provides guidance for the Commission on the interpretation of California Statutes regarding CEQA and affordable housing. The effect of the action is to remand the EIR and project permits to the Planning Commission for further review.

CITY COUNCIL FINDINGS FOR DECISION
Appeal of the Planning Commission’s Approval of the Plaza del Mar Project

BACKGROUND FINDINGS
1. The PDM project includes the following elements:
• 4,958 square feet of commercial space
• 5 market-rate condominiums
• 2 apartments affordable to low-income households, and
• 2 levels of underground parking, including a level of valet parking that will be a commercial business.

2. The project was reviewed through a lengthy public process that included two Environmental Impact Reports (EIRs) and three appeals. This action constitutes a fourth appeal.

3. The Revised Final EIR identified eight impacts. Seven of these were less-than significant or could be mitigated to less-than–significant. The remaining impact was on the City’s visual quality resources that would result from demolition of the Burde Building. The EIR classified this impact as significant. The public, professional architects and the local chapter of the American Institute of Architects identified this building as an important architectural resource1.

4. Pursuant to CEQA, when a project will have a significant adverse impact on the environment the choices available to the City are to:
• Deny the project
• Approve an alternative project that avoids the impact, or
• Determine that no alternative to the project is feasible and approve the project with findings that document the infeasibility and explain to the public why project benefits warrant approval in spite of the significant adverse environmental impact (Statement of Overriding Considerations).

5. On 10 September 2008 the Planning Commission certified the project EIR, approved all project permits and adopted findings supporting a Statement of Overriding Consideration to explain why the impact on visual quality was acceptable. The basis for the Commission’s action rested on two California affordable housing Statutes.

6. The first Statute (codified as California Government Code Section 65915) requires the City to grant “incentives or concessions” for projects that include specified amounts of affordable housing. Incentives or concessions can include waivers of City design standards, General Plan policies or Municipal Code provisions that, if applied, would make the affordable housing infeasible. The Statute does not specify how a city should determine the feasibility or infeasibility of affordable housing in this context. Cities are obligated to approve requested incentives or concessions unless very specific circumstances apply. The Planning Commission determined that for the proposed project, none of the special circumstances applied.

7. The Plaza del Mar project needed two waivers: approval to remove two significant trees2 and approval to alter the City’s required ratio between condominiums and apartments3. Given the Statute’s clear mandate to encourage affordable housing, the Planning Commission accepted at face value the applicant’s statements that affordable housing was feasible only if the requested incentives/concessions were approved. The Commission granted the two requested incentives/concessions.

8. The second Statute influencing the Commission’s decision (California Government Code Section 65589.5) mandates approval of projects that include affordable housing except under very limited circumstances. The Commission determined that none of the circumstances applied. The Commission, acting on the recommendation of the City’s planning staff and legal counsel, believed it was obligated to approve the project.

9. The Commission was faced with the challenge of harmonizing the requirements of the Public Resources Code (CEQA) and the Government Code (Affordable Housing Statutes). Acting on the recommendation of the City’s planning staff and legal counsel, the Commission approved the project and adopted findings to support a Statement of Overriding Considerations. The sole basis for these findings was the Commission’s perceived mandate to approve affordable housing projects.

10. On 24 September 2008 the Planning Commission decisions on approval of the demolition, certification of the EIR and project approval were appealed to the City Council and on 4 November 2008 the City Council heard the appeal.

11. The grounds for appeal4 were:
a. The Planning Commission was not obligated to approve concessions or incentives just because the project provided affordable housing. The lead sentence in the applicable Government Code section says “When an applicant seeks a density bonus for a housing development …[the] local government shall provide the applicant incentives or concessions for the production of [affordable] housing…” This language obligates approval of incentives or concessions only for projects that supply so much affordable housing that they require a density bonus. This project doesn’t.

2 The City’s Local Coastal Program and its Municipal Code prohibit removal of significant trees except under unusual circumstances that do not apply to the Plaza del Mar project.

3 The City requires at least a 1:1 ratio of apartments to condominiums. This helps implement the General Plan Housing Element which identifies that the City has abundant opportunities for owner‐housing and more limited opportunities for rental housing.

4 The original letter of appeal was supplemented by additional letters received on 27 October 2008 and 4 November 2008.

b. The project is proposing just seven units, just two of which are affordable to low-income households. The allowable density for the project site is 16 units. Since the Plaza del Mar project does not need a density bonus Section 65915 does not apply and granting the incentives or concessions would violate the City’s General Plan. Approving the developer’s request to reduce the number of required apartments and to build less than half the density allowed on the site runs counter to the intent of the statute which is to maximize housing production.

c. The section 65915 requires a finding that a requested incentive or concession is necessary to make the production of affordable housing feasible in the project. There is no evidence in the record to support such a finding other than the applicant’s own statement.

d. Even if the affordable housing statute does obligate approval of incentives or concessions it does not trump the requirements of CEQA. Section 65915 limits its own mandate by providing a caveat acknowledging CEQA: “nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if …[it] would have a specific, adverse impact…[upon] the physical environment, and for which there is no feasible method to satisfactorily mitigate the …impact.

e. The aesthetic effects of a project are a valid topic for analysis in CEQA and can be the basis of a significant impact on the environment. The Plaza del Mar project will have a significant adverse impact on the City’s visual quality and there is no feasible way to mitigate the impact. These points are conceded in the EIR. Because of the statutory caveat in section 65915, the City is not obligated to grant the concessions/waivers to facilitate the proposed affordable housing.

f. The City retains its authority to deny the project because of its environmental impact on visual quality. This is consistent with the CEQA Guidelines. The Commission erred in adopting a Statement of Overriding Considerations premised solely on a conclusion that Section 65915 compelled project approval.

g. The existing building on the project should be adaptively reused and could accommodate condominiums and affordable apartments without demolition.

h. The applicant and the Planning Commission cite Section 65589.5 as mandating approval of the project because it qualifies as a “housing development project” that includes affordable housing.

The Commission erred because the project does not meet the definition of a “housing development project” specified in the statute. A “housing development project” is either entirely residential or it is a mixed-use project where non-residential uses are limited to “neighborhood commercial” and all commercial uses are limited to the first floor. “Neighborhood Commercial” is defined as “small scale general or specialty stores that furnish goods and services primarily to residents in the neighborhood”. As approved by the Commission, there are no limits on what can occupy the first floor commercial space and commercial uses are not limited to the first floor.

There is an entire level of parking that will be operated as a commercial use.
i. The EIR’s conclusion that there are no impacts to historical resources is not based on substantial evidence.

12. In response to the original letter of appeal the applicant’s representative submitted a response letter addressing the following points:
a. The original draft EIR stated that the Burde Building was “...not consistent with the surrounding architectural style or setting in the project area. …the loss of these buildings is considered to be a less-than-significant impact. The Planning Commission overrode this conclusion and made new findings, using its own subjective criteria, that the building was great or exceptional architecture.

b. These findings were not based on any written criteria or objective standards in the General Plan and were based merely on subjective statements which are not substantial evidence. Section 65589.5(d)(2) of the California Government Code states: …a local agency shall not disapprove an affordable housing project …unless it makes written findings based on substantial evidence in the record [that] the development project… would have a specific adverse impact upon the public health or safety and there is no feasible method to satisfactorily avoid the significant impact without rendering the project unaffordable to low and moderate income households.

c. Section 65915 of the Government Code defines “specific adverse impact” as: “A significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies or conditions…” Visual quality is not a public health or safety standard. It is subjective, not supported by evidence in the record, not appropriate for evaluating this project and not a legitimate basis for an appeal.

d. The Council already settled issues related to historicity and architecture/visual quality when it acted in 2006 to deny an earlier appeal. Raising architecture/visual quality issues again is barred by the principles of res judicata and estopple.

13. At the appeal hearing the City Council received additional testimony was received from the following:
Susan Brandt-Hawley, representing the appellant.
Dennis Boegher, representing the project applicant
Jim Wright
Olaf Dahlstrand
Lucia Dahlstrand, representing Jean Grace
Mike Dawson, representing Monterey Bay Area Preservation
Brian Congleton, representing the American Institute of Architects, Monterey Bay Chapter
Roberta Miller, representing the Carmel Residents Association
Clayton Anderson, representing the Friends of the Forest
Claudine Van Vleet, representing the Carmel Preservation Foundation
Barbara Brooks
Linda Anderson
Richard Rhodes
Ken White
Richard Barrett
Monte Miller
Anne Bell
Elinor Laiolo
John Mandurrago, project applicant

14. The City Council also received written testimony from the following:
American Institute of Architects, Monterey Bay Chapter
Friends of Carmel Forest
Carmel Residents Association
Alliance of Monterey Bay Area Preservationists
Erling Lagerholm
Jean Grace

CITY COUNCIL FINDINGS AND BASIS FOR DECISION
Finding: The Council concurs with the Planning Commission’s decision to revise the draft EIR regarding the importance of the Burde Building’s architectural and visual quality.

Basis: The Commission’s action was taken in December 2006 following the City Council’s adoption of findings in November 2006. Although these findings included a consideration of architectural merit, they did so in the context of determining whether the Burde building is an historical resource. This is far different from a determination that the Burde building contributes significantly to Carmel’s visual quality. These findings, in fact, recognized the value of the building’s architecture even though it is not historical. The Council’s action, its adopted findings and all supporting documentation constituted new evidence in the record that the Commission rightfully considered. The basis of the Commission’s action was well-documented in the revised EIR and in associated Staff Reports.

Finding: Visual quality issues are a valid topic for evaluation in environmental review under CEQA and can be the basis for finding a significant impact.

Basis: This is consistent with the forms and other supporting documents for the State CEQA Guidelines.5 This also is consistent with California Appellate decisions affirming that aesthetics and visual character are important environmental issues worthy of analysis in an EIR and can be the basis of finding significant environmental impacts.6

5 See: The Environmental Checklist published by the Office of Planning and Research the State agency charged with administering CEQA. The Checklist includes a section covering aesthetics.

6 See: The Environmental Checklist published by the Office of Planning and Research the State agency charged with administering CEQA. The Checklist includes a section covering aesthetics.
See also: Ocean View Estates Homeowners Association, Inc, v. Montecito Water District, and

Finding: The Council concurs with the Commission that demolition of the Burde Building would constitute a significant impact on the City’s visual quality resources and therefore constitute a significant environmental impact as defined in CEQA.

Basis: The analysis contained in the final EIR.

Finding: The Council reaffirms its 6 February 2007 decision that the 2006 appeal regarding the historicity of the Burde Building was exclusive to historicity and did not address whether the Burde building is an important architectural/visual resource.

Basis: The final conclusion of the Council’s 7 November 2006 findings stated in its entirety: The Historic Resources Board decision is reversed. The Palo Alto Savings and Loan Building (Bank Building) does not qualify as an historic resource. It shall not be listed on the Carmel Inventory of Historic Resources and shall not be considered an historic resource for purposes of any environmental review. This action reached no conclusions about the visual quality or architectural value of the Burde Building.

Finding: The affordable housing statutes in the Government Code and the environmental review provisions in the Public Resources Code must coexist with equal force. One obligation does not invalidate or “trump” the other. The decision-making process established by CEQA is to be followed independently from the decision-making process under the two affordable housing statutes.

Basis: This is consistent with subsection 65589.5 (e) which states “This section also does not relieve the local agency from making one or more of the findings required pursuant to Public Resources Code Section 21081 or otherwise complying with the California Environmental Quality Act.7 This also is consistent with Government Code Section 65915(d)(1)(B) which states: The City…shall grant the concession or incentive…unless the City…makes a written finding, based upon substantial evidence [that] the concession or incentive would have a specific adverse impact, as defined in Section 65598.5 (d)(2), upon public health and safety or the physical environment or on any real property that is listed on the California Register of Historical Resources…(emphasis added). This section is clear that impacts need not be limited to health and safety issues.

COUNCIL ACTIONS ON THE APPEAL
1. The Council denies the appellant’s argument that the Burde Building should be treated as a historical resource. The appellant presented no evidence in the record that would warrant revisiting the appeal of 2006 in which the Council determined the building is not historical. Pocket Protectors, v. City of Sacramento et.al.

7 The referenced findings related to the decision‐making process discussed above in Background Finding #4.

2. The Council grants the appeal regarding certification of the EIR and approval of all project permits. The Council remands the project to the Planning Commission with the following determinations and instructions:
• The Commission should consider the project’s significant impact on visual quality and take one of the following approaches:
o Deny the project, or
o Evaluate the feasibility of alternatives and adopt one if found to be feasible, or
o Approve the project with findings that support a Statement of Overriding Considerations. Such findings may include reference to affordable housing, but shall not conclude that Section 65915 mandates approval of incentives or concessions, or that Section 65589.5 mandates approval of the project in spite of significant adverse environmental impacts.

• In considering the feasibility of a project alternative (per CEQA) the Commission’s decision should be supported by evidence in the record. To be credible, the analysis of the evidence must be adequately reasoned and, if possible, should be provided by an independent third party. This is consistent with CEQA Guidelines Sections 15091 and 15093.8

• At a minimum, an adaptive reuse project alternative that avoids demolition of the Burde Building (or at least retains the important visual character of the building) should be considered as an alternative in the EIR even if it does not meet all project objectives. This is consistent with Section 15126.6 of the CEQA Guidelines.9

• In reaching a decision regarding the feasibility of providing affordable housing without the requested incentives/concessions the Commission should rely on evidence in the record.

This too should be the product of a reasoned analysis.

8 If the Commission determines that the project should be approved in spite of unmitigated, significant impacts, there must be findings explaining why alternatives or mitigations are not feasible. Section 15091 states that findings supporting a Statement of Overriding Considerations must be based on “Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. And further that: “The findings required …shall be supported by substantial evidence in the record.” Section 15093 provides additional clarification: When a lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The Statement of Overriding Considerations shall be supported by substantial evidence in the record.

9 Subsection (a): “…An EIR shall describe a range of reasonable alternatives to the project…which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project.” and (b) “…the discussion…shall focus on alternatives to the project…which are capable of avoiding or substantially lessening any significant impacts of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly.”

• For purposes of applying Section 65589.5 of the Government Code, the Planning Commission should assume that the project does qualify as a “Housing Development Project”. If the project is approved, the Commission should either limit allowed commercial land uses to “neighborhood commercial” or should adopt findings explaining why this is unnecessary or inappropriate.

1 See Council Findings dated 11 November 2006, Planning Commission Findings dated 10 September 2008 and the Visual Quality Section in the Final Environmental Impact Report.