SPECIAL CITY COUNCIL: Minutes February 2009

MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
February 4, 2009

I. CALL TO ORDER
The special 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 4:37 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
Joyce Giuffre, Administrative Services Manager
Molly Laughlin, Deputy City Clerk
George Rawson, Public Safety Director

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

IV. RESOLUTIONS
A. Receive mid-year Budget Report and Consideration of a Resolution adopting revisions to the fiscal year 2008-09 General Fund Budget.

City Administrator Rich Guillen presented an overview of the City’s current financial picture, noting that Carmel-by-the-Sea has not been immune to the global economic downturn.

Joyce Giuffre, Administrative Services Manager, presented the report.

Mayor McCloud opened the meeting to public comment at 5:02 p.m.

Monte Miller and Greg D’Ambrosio addressed Council.

Mayor McCloud closed the meeting to public comment at 5:07 p.m.

Council Member ROSE moved approval of the Resolution to adopt revisions to the
fiscal year 2008-09 General Fund Budget, 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

V. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 5:17 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Agenda & Minutes February 2009

AGENDA
Regular Meeting
Tuesday, February 3, 2009
4:30 p.m., Open Session

Broadcast date
Sunday, February 8, 2009
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 Administrative Coordinator Becky Reisdorf.

B. Swearing-in of three new Firefighters: Graham Evans; Brian Harrington; and David Meurer.

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)

1. Receive Mayor’s Annual Report

C. Announcements from City Administrator

1. Receive SCC, Inc.’s FY 2007-2008 2nd Quarter Financial Report

2. Receive Quarterly Marketing Update from Jeff Burghardt

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. 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.

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 January 6, 2009.

B. Ratify the bills paid for the month of January 2009.

C. Consideration of a Resolution amending the Department of Community Planning and Building fee schedule to include a new building permit surcharge, as required by California Senate Bill No. 1473.

D. Consideration of a Resolution adopting revisions to the Land Use element of the General Plan related to affordable housing. (The proposed revisions are required by the California Coastal Commission)

E. Consideration of a Resolution in support of the Water for Monterey County project.

G. Consideration of a Resolution approving a 2005 Kawasaki all-terrain vehicle as a surplus vehicle and authorizing its sale.

H. Consideration of a Resolution authorizing the expenditure of $834.00 from the Council’s Discretionary Account for the use of Sunset Cultural Center meeting rooms by the film crew of “Carmel: the Movie”.

I. Consideration of a Resolution approving two of the City’s free use days at
the Sunset Center Theater on February 13-14, 2009 for film production of “Carmel: the Movie”.

J. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

K. Approve amendments to Council policies as considered at the October 28, 2008, Council retreat.

L. Consideration of a Resolution authorizing the City Administrator to execute an hourly, at-will employment agreement for the Community Event Planning Coordinator position with Robert Clovis in an amount not to exceed $20,000 per fiscal year.

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.

A. Consideration of an appeal of the Design Review Board’s decision to approve Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located on the east side of North Camino Real between 2nd & 4th Avenues. The appellants are Ron and Marian Wormser and Carol Bergere.

IX. Ordinances

A. Second reading of an Ordinance amending the Local Coastal Program to rezone the Trevvett Court project located on the east side of Dolores Street between Fourth and Fifth Avenues from the Residential and Limited Commercial (RC) District to the Community Plan (CP) District.

B. Consideration of an Ordinance adopting revisions to the Land Use element of the General Plan and chapters 17.12.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing. (First reading)

C. Consideration of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains. (First reading)

D. Consideration of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179. (First reading)

X. Resolutions

A. Consideration of a Resolution approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48%.

XI. Orders of Council

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

XII. Adjournment

The next meeting of the City Council will be:
Special Council Meeting – 4:30 p.m.
Wednesday, February 4, 2009
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, March 3, 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.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
February 3, 2009

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 4:34 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
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Sean Conroy, Planning and Building Services Manager

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

Mayor McCloud asked for a moment of silence for Jean Mitchell and Clayton Neill.

IV. EXTRAORDINARY BUSINESS
A. Introduction of new Administrative Coordinator Becky Reisdorf.
Administrative Services Director Joyce Giuffre introduced Becky Reisdorf.

B. Swearing-in of three new Firefighters: Graham Evans; Brian Harrington; and David Meurer
The City Clerk swore in the three firefighters. Public Safety Director George Rawson
introduced firefighters Evans, Harrington and Meurer.

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 Rose noted the efforts of the Carmel Regional Fire Authority and its two-minute response time.

Council Member Sharp noted a public hearing, sponsored by the Transportation Agency for Monterey County (TAMC), on the 101- San Juan Road interchange project at 4:30 p.m. on February 5th at Aromas School Gymnasium. Additionally, she discussed the free Carmel Trolley. She is heading a group to prepare the route through the City and an informational brochure that will be provided to trolley riders.

Mayor McCloud noted a newspaper article in the travel section of the New York Times featuring Carmel-by-the-Sea. She also noted that the Sunset Cultural Center received commendations from Monterey County Business Council.

1. Receive Mayor’s Annual Report
The Mayor outlined progress on achieving Council objectives and the five priority goals for FY 2008/2009. The Annual Report is available at City Hall, downloaded from the City’s website www.ci.carmel.ca.us and for online viewing also on the City’s website.

C. Announcements from City Administrator.
Receive SCC, Inc.’s FY 2008-2009 2nd Quarter Financial Report
David Parker, treasurer of the SCC, Inc. Board of Directors, presented the financial report.

Receive Quarterly Marketing Update from Jeff Burghardt
Jeff Burghardt presented the marketing update and noted the recent online and print advertising efforts.

City Administrator Guillen noted that with the passing of City Engineer Clayton Neill, interim engineering services will be provided by Sherman Lo, also of Neill Engineers.

VI. APPEARANCES
Mayor McCloud opened the appearances section to public comment at 5:17 p.m.

Astrid Coleman, President and CEO of the Monterey Peninsula Chamber of Commerce, presented Mayor McCloud with the 2008 Ruth Vreeland Memorial Public Official of the Year award. The award will be presented at a dinner on Saturday, March 21st at the Hyatt Monterey.

Meredith Crowell, Linens and Such, addressed Council about the closure of city streets for Car Week in August.

Greg D’Ambrosio thanked Council and staff for their hard work on the 4th Avenue project.

Michael Adamson addressed Council regarding commercial rents in the City.

Skip Lloyd addressed Council about the Forest Theater renovation.

Mayor McCloud closed the appearances section to public comment at 5:25 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of January 6, 2009.

B. Ratify the bills paid for the month of January 2009.

C. Consideration of a Resolution amending the Department of Community Planning and Building fee schedule to include a new building permit surcharge, as required by California Senate Bill No. 1473.

D. Consideration of a Resolution adopting revisions to the Land Use element of the General Plan related to affordable housing. (The proposed revisions are required by the California Coastal Commission)

E. Consideration of a Resolution in support of the Water for Monterey County project.

G. Consideration of a Resolution approving a 2005 Kawasaki all-terrain vehicle as a surplus vehicle and authorizing its sale.

H. Consideration of a Resolution authorizing the expenditure of $834.00 from the Council’s Discretionary Account for the use of Sunset Cultural Center meeting rooms by the film crew of “Carmel: the Movie”.

I. Consideration of a Resolution approving two of the City’s free use days at the Sunset Center Theater on February 13-14, 2009 for film production of “Carmel: the Movie”.

J. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

K. Approve amendments to Council policies as considered at the October 28, 2008, Council retreat.

L. Consideration of a Resolution authorizing the City Administrator to execute an hourly, at-will employment agreement for the Community Event Planning Coordinator position with Robert Clovis in an amount not to exceed $20,000 per fiscal year.

Item G. was pulled for consideration on a future agenda.

Council Member ROSE moved adoption of the Consent Items A.-E. and H.-L. of the Consent Agenda (no item F. – items incorrectly lettered) , seconded by Council Member TALMAGE and carried unanimously.

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of the Design Review Board’s decision to approve Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located on the east side of North Camino Real between 2nd & 4th Avenues. The appellants are Ron and Marian Wormser and Carol Bergere.

Mayor McCloud clarified the issues of the appeal.

In the interest of full disclosure, Council Member Sharp noted personal contacts with two of the appellants. She noted her acquaintances with the appellants would not influence her decision.

Assistant Mark Weiner presented the staff report.

Brian Finnegan, Counsel for appellant Carol Bergere, addressed Council.

Appellants Marian and Ron Wormser addressed Council.

Applicants Kevin D’Angelo and Jeff Baron and their Counsel, John Bridges, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:58 p.m.

Terry Latasa, architect for the Wormsers, William Callahan, Lori Stewart, Jeremy and Christy Quatacker and Steve Dallas addressed Council.

Mayor McCloud closed the hearing to public comment at 6:08 p.m.

Brian Finnegan, Counsel for appellant Carol Bergere, addressed Council.

Ron Wormser, appellant, offered final comments.

Assistant Planner Mark Weiner answered questions.

Council Member ROSE moved to deny the appeal and uphold the decision of the Design Review Board to approve Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located on the east side of North Camino Real between 2nd & 4th Avenues. The appellants are Ron and Marian Wormser and Carol Bergere, seconded by Council Member TALMAGE and carried by the following roll call:

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

The Council took a 15-minute break at 6:25 p.m. and reconvened at 6:40 p.m.

IX. ORDINANCES
A. Second reading of an Ordinance amending the Local Coastal Program to rezone the Trevvett Court project located on the east side of Dolores Street between Fourth and Fifth Avenues from the Residential and Limited Commercial (RC) District to the Community Plan (CP) District.

Council Members Rose and Hazdovac recused themselves, citing the proximity of their residences to the project.

Mayor McCloud opened and closed the meeting to public comment at 6:41 p.m.

Council Member TALMAGE moved adoption of an Ordinance amending the Local Coastal Program to rezone the Trevett Court project located on the east side of Dolores Street between Fourth and Fifth Avenues from the Residential and Limited Commercial (RC) District to the Community Plan (CP) District, seconded by Council Member SHARP and carried by the following roll call:

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

B. Consideration of an Ordinance adopting revisions to the Land Use element of the General Plan and chapters 17.12.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing. (First reading)

Mayor McCloud opened the meeting to public comment at 6:43 p.m.

Jim Wright addressed Council.

Mayor McCloud closed the meeting to public comment at 6:48 p.m.

Council Member TALMAGE moved adoption of an Ordinance on first reading adopting revisions to the Land Use element of the General Plan and chapters 17.12.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing, seconded by Council Member SHARP and carried by the following roll call:

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

C. Consideration of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains. (First reading)

Sean Conroy, Planning Services Manager, presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:54 p.m.

Greg D’Ambrosio addressed Council.

Mayor McCloud closed the meeting to public comment at 6:56 p.m.

Council Member ROSE moved adoption of an Ordinance on first reading amending Carmel Municipal Code Section 8.72 related to Community Floodplains, 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

D. Consideration of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179. (First reading)

Sean Conroy, Planning Services Manager, presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:03 p.m.

Greg D’Ambrosio addressed Council.

Mayor McCloud closed the meeting to public comment at 7:05 p.m.

Council Member ROSE moved adoption of an Ordinance on first reading amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179, 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

X. RESOLUTIONS
A. Consideration of a Resolution approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48%.

City Administrator Guillen presented the report.

Mayor McCloud opened the meeting to public comment at 7:11 p.m.

Greg D’Ambrosio, Board member of the Carmel Residents Association, addressed Council. (Statement read into record)

Mayor McCloud closed the meeting to public comment at 7:11 p.m.

Council Member ROSE moved to continue the item, 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

XI. ORDERS OF COUNCIL

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:18 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR

Any writings or documents provided to a majority of the City Council 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.

CITY COUNCIL: Check Register February 2009

February 2009 Check Register
Check No—Check Date—Vendor Name--Net Amount—Expense Account—Account Name
117298 2/10/09 ACME ROTARY BROOM SERVICE $ 1 ,292.10 01 76047 AUTOMOTIVE PARTS/SUPPLIES

117256 2/3/09 ADVANCED WASTE SOLUTIONS $ 3 9.95 01 67051 DOCUMENT DESTRUCTION SERVICES

117257 2/3/09 AFLAC $ 1 0.00 01 64017 MEDICAL PROGRAM
117257 2/3/09 AFLAC $ 5 .00 01 67017 MEDICAL PROGRAM
117257 2/3/09 AFLAC $ 5 .00 01 69017 MEDICAL PROGRAM
117257 2/3/09 AFLAC $ 1 0.00 01 72017 MEDICAL PROGRAM
117257 2/3/09 AFLAC $ 3 0.00 01 74017 MEDICAL PROGRAM
117257 2/3/09 AFLAC $ 1 0.00 01 76017 MEDICAL PROGRAM
117257 2/3/09 AFLAC $ 2 5.00 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 9 5.00

117258 2/3/09 AILING HOUSE PEST CONTROL $ 1 39.00 01 70053 CONTRACTUAL SERVICES

117392 2/19/09 ALAN LEHMAN $ 1 ,351.25 50 24050 REFUND OF VOLUME DEPOSIT

117374 2/19/09 ANDA-BURGHARDT ADVRTISING $ 1 3,626.24 01 85200 REGIONAL DESTINATION MARKETING EXPENSES

117358 2/10/09 AT&T LONG DISTANCE $ 1 2.95 01 11000 SCC PHONE # (ACCTS REC)
117358 2/10/09 AT&T LONG DISTANCE $ 3 6.97 01 64036 TELEPHONE
117358 2/10/09 AT&T LONG DISTANCE $ 2 .51 01 69036 TELEPHONE
117358 2/10/09 AT&T LONG DISTANCE $ 3 .19 01 72036 TELEPHONE
117358 2/10/09 AT&T LONG DISTANCE $ 3 0.79 01 74036 TELEPHONE
117358 2/10/09 AT&T LONG DISTANCE $ 0 .08 01 76036 TELEPHONE
117357 2/10/09 AT&T/MCI $ 3 74.92 01 11000 SCC PHONE # (ACCTS REC)
117357 2/10/09 AT&T/MCI $ 9 78.97 01 64036 TELEPHONE
117357 2/10/09 AT&T/MCI $ 6 56.95 01 65053 TELEPHONE
117357 2/10/09 AT&T/MCI $ 2 30.38 01 69036 TELEPHONE
117357 2/10/09 AT&T/MCI $ 2 45.67 01 72036 TELEPHONE
117357 2/10/09 AT&T/MCI $ 4 59.38 01 74036 TELEPHONE
117357 2/10/09 AT&T/MCI $ 1 18.09 01 76036 TELEPHONE
----Vendor Total---- $ 3 ,150.85

117299 2/10/09 BAY FIRE SPRINKLERS, INC $ 1 ,200.00 01 70050 OUTSIDE LABOR

117300 2/10/09 BOTANICAL CONSULTING SERVICES $ 2 ,000.00 01 87601
BIOTIC SURVEY FOR MISSION TRAILS

FOOTBRIDGE GRANT PROJECT
117301 2/10/09 BRANSON, MIKE $ 1 0.00 01 78032 LICENSES, FEES, PERMITS

117302 2/10/09 BRINTON'S $ 2 5.64 01 76045 MATERIALS/SUPPLIES
117302 2/10/09 BRINTON'S $ 3 8.99 01 76054 TOOLS/EQUIPMENT
117302 2/10/09 BRINTON'S $ 1 2.52 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 7 7.15

117303 2/10/09 BRUNO'S MARKET & DELI $ 8 1.94 01 67401 REFRESHMENTS FOR BUDGET MEETING

117315 2/10/09 CA PUBLIC PRKING ASSOC. $ 1 00.00 01 74033 DUES/MEMBERSHIPS

117376 2/19/09 CARMEL CHEVRON $ 2 9.30 01 76046 FUEL

117260 2/3/09 CARMEL FIRE PROTCTN ASSOC $ 4 50.00 50 24050 PLAN CHECK PROFESSIONAL SERVICES
117306 2/10/09 CARMEL FIRE PROTCTN ASSOC $ 5 25.00 50 24050 PLAN CHECK PROFESSIONAL SERVICES
117377 2/19/09 CARMEL FIRE PROTCTN ASSOC $ 1 75.00 50 24050 PLAN CHECK PROFESSIONAL SERVICES
----Vendor Total---- $ 1 ,150.00

117305 2/10/09 CARMEL GARAGE $ 1 07.25 01 76047 AUTOMOTIVE PARTS/SUPPLIES

117304 2/10/09 CARMEL PINE CONE $ 1 20.79 01 69040 ADVERTISING
117375 2/19/09 CARMEL PINE CONE $ 6 0.39 01 64040 ADVERTISING
----Vendor Total---- $ 1 81.18

117259 2/3/09 CARPET CARAVAN $ 3 ,720.65 01 89428 PLANNING/BLDG DEPT CARPETING PROJECT

117378 2/19/09 CASCADE FIRE EQUIPMENT $ 6 64.95 50 24050 FIRE DEPT SUPPLIES

117307 2/10/09 CDW-G GOVERNMENT INC. $ 6 08.39 01 65045 MATERIALS/SUPPLIES
117379 2/19/09 CDW-G GOVERNMENT INC. $ 1 25.09 01 65045 MATERIALS/SUPPLIES
----Vendor Total---- $ 7 33.48

117261 2/3/09 CHEVRON USA, INC. $ 2 5.89 01 64030 POLICE DEPT TRAVEL EXPENSES

117308 2/10/09 CITY OF MONTEREY $ 1 1,250.00 01 72053 JAN 2009 FIRE CHIEF/DUTY CHIEF SERVICES
117308 2/10/09 CITY OF MONTEREY $ 1 ,697.00 01 76049 CITY VEHICLE MAINTENANCE
----Vendor Total---- $ 1 2,947.00

117262 2/3/09 CITY OF PACIFIC GROVE $ 1 3,680.00 01 72053 FIRE ENGINE RENTAL EXPENSES

117309 2/10/09 CITY OF SEASIDE $ 5 20.24 01 76050 VACTOR CLEANOUT SERVICES

117263 2/3/09 COASTAL HEALTHCARE $ 3 83.20 01 67017 MEDICAL PROGRAM
117263 2/3/09 COASTAL HEALTHCARE $ 3 02.20 01 72017 MEDICAL PROGRAM
117263 2/3/09 COASTAL HEALTHCARE $ 1 16.00 01 74017 MEDICAL PROGRAM
117263 2/3/09 COASTAL HEALTHCARE $ 1 ,020.00 01 84017 MEDICAL PROGRAM
117310 2/10/09 COASTAL HEALTHCARE $ 5 5.00 01 60017 MEDICAL PROGRAM
117310 2/10/09 COASTAL HEALTHCARE $ 1 43.20 01 67017 MEDICAL PROGRAM
117310 2/10/09 COASTAL HEALTHCARE $ 8 58.50 01 74017 MEDICAL PROGRAM
117310 2/10/09 COASTAL HEALTHCARE $ 4 96.00 01 76017 MEDICAL PROGRAM
117310 2/10/09 COASTAL HEALTHCARE $ 3 17.00 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 3 ,691.10

117264 2/3/09 CODE PUBLISHING COMPANY $ 1 52.50 01 64053 CONTRACTUAL SERVICES

117380 2/19/09 COMMUNITY HOSPITAL OF THE MTRY PENINSULA $ 8 0.00 01 74053 CONTRACTUAL SERVICES

117312 2/10/09 CONNEY SAFETY PRODUCTS $ 1 08.70 01 76057 SAFETY EQUIPMENT

117311 2/10/09 CONTE'S GENERATOR SERVICE $ 1 ,200.00 01 72053 FIRE DEPT GENERATOR RENTAL

117265 2/3/09 COPIES BY-THE-SEA $ 1 78.10 01 64040 ADVERTISING
117265 2/3/09 COPIES BY-THE-SEA $ 5 5.05 01 69039 PRINTING
----Vendor Total---- $ 2 33.15

117266 2/3/09 COPY KING $ 2 2.52 01 69039 PRINTING

117313 2/10/09 CORBIN WILLITS SYSTEM $ 6 5.00 01 65053 CONTRACTUAL SERVICES

117314 2/10/09 COVERITALLCO $ 4 3.30 01 72033 DUES/MEMBERSHIPS

117267 2/3/09 CRIME PREVENTION OFFICER ASSN $ 2 0.00 01 74033 DUES/MEMBERSHIPS

117316 2/10/09 CYPRESS COAST FORD L/M $ 4 24.32 01 76049 CITY VEHICLE MAINTENANCE

117317 2/10/09 DAVE'S REPAIR SERVICE $ 8 2.28 01 76050 OUTSIDE LABOR
117381 2/19/09 DAVE'S REPAIR SERVICE $ 8 3.47 01 76050 OUTSIDE LABOR
----Vendor Total---- $ 1 65.75

117318 2/10/09 DELTA RUBBER COMPANY,INC. $ 6 0.79 01 76047 AUTOMOTIVE PARTS/SUPPLIES

117268 2/3/09 DEPARTMENT OF JUSTICE $ 8 10.00 50 24050 DEPT OF JUSTICE LIVESCAN FEE
117382 2/19/09 DEPARTMENT OF JUSTICE $ 1 66.00 01 67110 DEPT OF JUSTICE LIVESCAN FEE
117382 2/19/09 DEPARTMENT OF JUSTICE $ 3 02.00 50 24050 DEPT OF JUSTICE LIVESCAN FEE
----Vendor Total---- $ 1 ,278.00

117269 2/3/09 DEWEY D. EVANS $ 2 00.00 01 63053 CITY TREASURER SERVICES

117383 2/19/09 DRIVERS LICENSE GUIDE CO. $ 3 1.33 01 74034 DOCUMENTS/PUBLICATIOINS

117319 2/10/09 DROUGHT RESISTANT NURSERY $ 7 04.57 01 78045 MATERIAL/SUPPLIES

117320 2/10/09 ELECTRICAL DIST. COMPANY $ 1 59.67 01 70045 MATERIAL/SUPPLIES

117321 2/10/09 ELLIOTT DIAMOND INC $ 1 59.00 01 76047 AUTOMOTIVE PARTS/SUPPLIES

117384 2/19/09 EWING IRRIGATION $ 6 9.11 01 76054 TOOLS/EQUIPMENT

117385 2/19/09 FASULO INVESTIGATIONS $ 2 06.54 01 67110 PRE-EMPLOYMENT

117322 2/10/09 FIRECOM $ 2 ,514.70 50 24050 FIRE ENGINE INTERCOM

117323 2/10/09 FOLSOM LAKE FORD $ 2 6,822.11 01 88531 POLICE DEPT PATROL VEHICLE

117324 2/10/09 GALLI UNIFORM COMPANY $ 1 ,263.72 01 72033 DUES/MEMBERSHIPS

117270 2/3/09 GATES TREE SERVICE, INC. $ 4 ,932.00 01 78050 OUTSIDE LABOR

117292 2/3/09 GEORGE RAWSON $ 8 09.16 01 64030 REIMBURSEMENT FOR TRAVEL/TRAINING EXP

117325 2/10/09 GREEN VALLEY LANDSCAPE INC. $ 4 2,099.24 01 89636
4TH AVE RIPARIAN RESTORATION PROJECT PROGRESS PAYMENT

117271 2/3/09 GREG GREENLEE $ 2 68.82 01 72095 OPERATIONAL SERVICES/SUPPLIES

117273 2/3/09 HARRY B. ROBINS JR. $ 3 ,576.00 01 72600 EMERGENCY OPERATIONS PLAN SERVICES

117327 2/10/09 HOME DEPOT/GECF $ 4 35.99 01 70045 MATERIAL/SUPPLIES

117274 2/3/09 ICMA $ 1 ,204.40 01 64033 CITY ADMINISTRATOR MBRSHIP RENEWAL

117387 2/19/09 IKON FINANCIAL SERVICES $ 1 ,324.99 01 88822 COPIER LEASE
117275 2/3/09 IKON OFFICE SOLUTIONS $ 1 57.29 01 64053 COPIER MAINTENANCE AGREEMENT
117329 2/10/09 IKON OFFICE SOLUTIONS $ 1 ,027.53 01 76041 COPIER MAINTENANCE AGREEMENT
----Vendor Total---- $ 2 ,509.81

117328 2/10/09 INTERNATIONAL CODE COUNCIL, INC. $ 1 39.38 01 69034 CODE ENFORCEMENT PUBLICATIONS
117386 2/19/09 INTERNATIONAL CODE COUNCIL, INC. $ 3 0.83 01 69034 CODE ENFORCEMENT PUBLICATIONS
----Vendor Total---- $ 1 70.21

117276 2/3/09 INT'L ASSN. OF CHIEFS OF POLICE $ 1 20.00 01 74033 DUES/MEMBERSHIPS

117337 2/10/09 J. W. MARSHALL $ 2 50.00 01 65051 INFORMATION SYST PROF SERVICES

117388 2/19/09 J.E.I. $ 2 84.21 01 74050 OUTSIDE LABOR

117401 2/19/09 JAN ROEHL $ 1 ,762.50 01 64051 GRANT WRITING PROFESSIONAL SERVICES

117389 2/19/09 JOHN LEY'S TREE SERVICE $ 2 ,625.00 01 78050 OUTSIDE LABOR

117331 2/10/09 KNA GENERAL CONSTRUCTION $ 5 00.00 01 89428 PLANNING/BLDG CARPETING PROJECT
117390 2/19/09 KNA GENERAL CONSTRUCTION $ 3 ,700.00 01 70050 FLANDERS MANSION KITCHEN REPAIR
----Vendor Total---- $ 4 ,200.00

117278 2/3/09 KNAPP MILL & CABINET CO. $ 9 9.87 01 70045 MATERIAL/SUPPLIES
117330 2/10/09 KNAPP MILL & CABINET CO. $ 9 7.25 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 1 97.12

117279 2/3/09 KRAMER-WIESE $ 1 5,678.00 01 61051 LEGAL PROFESSIONAL SERVICES

117332 2/10/09 LARRY MENKE INC $ 8 13.40 01 76049 EQUIPMENT MAINTENANCE

117391 2/19/09 LAW ENFORCEMENT $ 3 50.00 01 67110 PRE-EMPLOYMENT

117333 2/10/09 LEMOS SERVICE INC/LEMOS76 $ 5 6.63 01 76046 FUEL

117280 2/3/09 LIEBERT CASSIDY WHITMORE $ 3 ,213.00 01 61051 LEGAL PROFESSIONAL SERVICES

117334 2/10/09 LIU OF NA $ 1 ,461.60 01 21285 RETIREMENT
117334 2/10/09 LIU OF NA $ 1 87.20 01 65016 RETIREMENT
117334 2/10/09 LIU OF NA $ 1 ,120.07 01 67017 RETIREMENT
117334 2/10/09 LIU OF NA $ 7 48.80 01 69016 RETIREMENT
117334 2/10/09 LIU OF NA $ 1 87.20 01 70016 RETIREMENT
117334 2/10/09 LIU OF NA $ 1 ,540.80 01 76016 RETIREMENT
117334 2/10/09 LIU OF NA $ 3 74.40 01 78016 RETIREMENT
117334 2/10/09 LIU OF NA $ 1 ,064.25 01 84016 RETIREMENT
----Vendor Total---- $ 6 ,684.32

117335 2/10/09 M.J.MURPHY $ 1 02.40 01 76045 MATERIALS/SUPPLIES
117335 2/10/09 M.J.MURPHY $ 4 07.24 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 5 09.64

117336 2/10/09 MARTIN'S IRRIGATION $ 3 1.50 01 78045 MATERIAL/SUPPLIES

117338 2/10/09 MCSHANE'S NURSERY & LANDS $ 5 21.11 01 78045 MATERIAL/SUPPLIES

117339 2/10/09 MISSION UNIFORM SERVICE $ 3 60.90 01 76031 CLOTHING EXPENSE
117339 2/10/09 MISSION UNIFORM SERVICE $ 9 0.00 01 76053 CONTRACTUAL SERVICES
117339 2/10/09 MISSION UNIFORM SERVICE $ 1 10.24 01 78031 CLOTHING EXPENSE
----Vendor Total---- $ 5 61.14

117344 2/10/09 MONTEREY BAY PLANNING SERVICES $ 1 ,722.50 01 69051 PLANNING DEPT PROFESSIONAL SERVICES

117281 2/3/09 MONTEREY CNTY ANIMAL SERV $ 4 29.00 01 74053 CONTRACTUAL SERVICES

117342 2/10/09 MONTEREY COUNTY VISITOR & CONVENTION BUREAU $ 1 5,637.05 01 20260 TOURISM IMPRVMT DISTRICT PYBLE FOR NOVDEC
2008

117282 2/3/09 MONTEREY COUNTY BUSINESS $ 6 ,232.38 01 74053 10/1/08-12/31/08 ACJIS SERVICES

117394 2/19/09 MONTEREY COUNTY HEALTH DEPARTMENT $ 6 2.00 01 67130 EMPLOYEE IMMUNIZATION PROGRAM

117343 2/10/09 MONTEREY COUNTY OFFICE ED $ 7 ,290.00 50 24050 PUBLIC EDUC./GOVT ACCESS(PEG) FEES

117340 2/10/09 MONTEREY FIRE EXT. CO. $ 1 60.88 01 72049 EQUIPMENT MAINTENANCE

117393 2/19/09 MONTEREY POLICE DEPT $ 1 ,560.00 01 74053 4TH QTR BOOKING FEES

117341 2/10/09 MONTEREY TIRE SERVICE $ 4 42.75 01 76048 TIRES/TUBES

117345 2/10/09 MOTO-ESPRESSO COFFEE $ 5 0.00 01 33351 REIMB BUSINESS LICENSE APPLICATION FEE

117346 2/10/09 MUNICIPAL MAINT EQUIP,INC $ 5 08.52 01 76047 CITY VEHICLE MAINTENANCE

117347 2/10/09 NANCY'S MID VLY FLORIST $ 1 50.15 01 64095 OPERATIONAL SERVICE/SUPPLIES

117348 2/10/09 NAT'L ARBOR DAY FOUNDTION $ 1 5.00 01 78033 DUES/MEMBERSHIPS

117283 2/3/09 NATURE CONSERVANCY $ 2 5.00 01 78033 DUES/MEMBERSHIPS

117284 2/3/09 NEILL ENGINEERS CORP. $ 1 50.00 01 62053 CONTRACTUAL
SERVICES-MONTHLY RETAINER
117284 2/3/09 NEILL ENGINEERS CORP. $ 2 ,596.50 01 89430
ENGINEERING SVCS-BEACH RESTROOMS ON SCENIC DR
----Vendor Total---- $ 2 ,746.50

117349 2/10/09 NEXTEL COMMUNICATIONS $ 5 6.58 01 64036 TELEPHONE
117349 2/10/09 NEXTEL COMMUNICATIONS $ 2 79.56 01 65036 TELEPHONE
117349 2/10/09 NEXTEL COMMUNICATIONS $ 2 56.10 01 70036 TELEPHONE
117349 2/10/09 NEXTEL COMMUNICATIONS $ 9 1.08 01 72036 TELEPHONE
117349 2/10/09 NEXTEL COMMUNICATIONS $ 3 94.51 01 74036 TELEPHONE
117349 2/10/09 NEXTEL COMMUNICATIONS $ 8 9.79 01 76036 TELEPHONE
117349 2/10/09 NEXTEL COMMUNICATIONS $ 2 9.17 01 78036 TELEPHONE
117349 2/10/09 NEXTEL COMMUNICATIONS $ 3 1.68 01 82036 TELEPHONE
----Vendor Total---- $ 1 ,228.47

117350 2/10/09 NICHOLS PLUMBING/HEATING $ 9 9.00 01 70050 OUTSIDE LABOR

117285 2/3/09 OFFICE DEPOT, INC. $ 2 75.84 01 64043 OFFICE SUPPLIES
117285 2/3/09 OFFICE DEPOT, INC. $ 2 25.84 01 65042 OFFICE MACHINE SUPPLIES
117285 2/3/09 OFFICE DEPOT, INC. $ 9 0.06 01 65045 MATERIALS/SUPPLIES
117285 2/3/09 OFFICE DEPOT, INC. $ 1 09.23 01 74042 OFFICE MACHINE SUPPLIES
117285 2/3/09 OFFICE DEPOT, INC. $ 1 42.64 01 74043 OFFICE SUPPLIES
117351 2/10/09 OFFICE DEPOT, INC. $ 2 4.07 01 65049 EQUIPMENT MAINTENANCE
117351 2/10/09 OFFICE DEPOT, INC. $ 8 3.40 01 82042 OFFICE MACHINE SUPPLIES
117395 2/19/09 OFFICE DEPOT, INC. $ 7 24.79 01 65042 OFFICE MACHINE SUPPLIES
117395 2/19/09 OFFICE DEPOT, INC. $ 4 6.24 01 74043 OFFICE SUPPLIES
----Vendor Total---- $ 1 ,722.11

117286 2/3/09 ORCHARD SUPPLY $ 4 2.68 50 24050 COMMUNITY SPECIAL EVENTS SUPPLIES
117352 2/10/09 ORCHARD SUPPLY $ 1 57.59 01 72054 TOOLS/EQUIPMENT/SUPPLIES
----Vendor Total---- $ 2 00.27

117396 2/19/09 PACIFIC CREDIT SERVICES INC. $ 1 2.00 01 67110 PRE-EMPLOYMENT

117397 2/19/09 PAPA $ 7 0.00 01 76032 PERMITS, LICENSES & FEES

117287 2/3/09 PENINSUL HYDRONICS INC. $ 7 54.55 01 70050 OUTSIDE LABOR

117354 2/10/09 PENINSULA BUILDING MATERIALS CO $ 5 ,182.32 01 89639 EKOPAVERS FOR PUB WORKS PROJECTS

117353 2/10/09 PENINSULA MESSENGER SERVICE $ 4 ,400.00 01 64204 MAIL SERVICE CONTRACT

117289 2/3/09 PETTY CASH $ 9 7.14 01 72095 OPERATIONAL SERVICES/SUPPLIES
117355 2/10/09 PETTY CASH $ 1 00.00 01 72095 OPERATIONAL SERVICES/SUPPLIES
117288 2/3/09 PETTY CASH-ADMINISTRATION $ 1 6.00 01 64030 TRAINING/PERSONAL EXP.
117288 2/3/09 PETTY CASH-ADMINISTRATION $ 5 3.29 01 64038 POSTAGE
117288 2/3/09 PETTY CASH-ADMINISTRATION $ 2 .37 01 67043 OFFICE SUPPLIES
117288 2/3/09 PETTY CASH-ADMINISTRATION $ 1 00.00 01 72095 OPERATIONAL SERVICES/SUPPLIES
----Vendor Total---- $ 3 68.80

117290 2/3/09 PROFESSIONAL PROP MAINT $ 6 ,842.52 01 70053 CONTRACTUAL SERVICES

117291 2/3/09 PROTRADES CONNECTION $ 3 67.29 50 24050 REMOVAL OF HOLIDAY LIGHTS

117398 2/19/09 PSTS, INC. $ 5 50.00 01 76050 OUTSIDE LABOR

117399 2/19/09 RANCHO CAR WASH $ 2 8.67 01 74050 OUTSIDE LABOR

117293 2/3/09 RBF CONSULTING $ 1 ,397.00 01 88401 GENERAL PLAN PROJECT
117293 2/3/09 RBF CONSULTING $ 1 ,317.94 01 88405 DEL MAR/N. DUNES MASTER PLAN PROJECT
117293 2/3/09 RBF CONSULTING $ 2 ,533.25 01 88406 GENERAL PLAN HOUSING ELEMENT PROJECT
----Vendor Total---- $ 5 ,248.19

117272 2/3/09 RICH GUILLEN $ 2 15.00 01 64021 REIMB FOR ANNUAL PHYSICAL

117400 2/19/09 RICHARD PETTY ELECTRIC $ 1 1,656.42 01 88478 FIRE DEPT OTHER EQUIPMENT

117277 2/3/09 ROBERT S. JAQUES $ 2 ,650.00 01 76055 STORM WATER RUNOFF PROGRAM EXP

117356 2/10/09 S & H CAR COLOR INC. $ 4 0.70 01 72047 AUTOMOTIVE PARTS

117326 2/10/09 SARAH GUNTER $ 3 6.40 01 72095 OPERATIONAL SERVICES/SUPPLIES

117294 2/3/09 SHIFT CALENDARS, INC. $ 2 4.63 01 72039 PRINTING

117359 2/10/09 SKIPS ONE STOP MONTEREY $ 1 36.40 01 76047 AUTOMOTIVE PARTS/SUPPLIES

117360 2/10/09 SO. BAY REGIONAL PUBLIC SAFETY TRNG $ 2 40.00 01 64030 POLICE DEPT TRAINING EXPENSES

117402 2/19/09 SUNSET CULTURAL CTR. INC. $ 8 34.00 01 60207
ROOM RENTAL FOR CARMEL THE MOVIE PER RESO 2009-10

117361 2/10/09 TORO PETROLEUM $ 7 ,585.48 01 76046 FUEL
117361 2/10/09 TORO PETROLEUM $ 2 87.16 01 88478 FIRE DEPT GENERATOR PROJECT EXPENSES
----Vendor Total---- $ 7 ,872.64

117403 2/19/09 TORRE ENGINEERING CO. $ 5 00.00 01 88478 FIRE DEPT GENERATOR PROJECT EXPENSES

117295 2/3/09 TRISTAR RISK MANAGEMENT $ 2 1.00 01 64019 WORKERS COMPENSATION INSURANCE
117295 2/3/09 TRISTAR RISK MANAGEMENT $ 8 4.00 01 70019 WORKERS COMPENSATION INSURANCE
117295 2/3/09 TRISTAR RISK MANAGEMENT $ 1 ,554.00 01 74019 WORKERS COMPENSATION INSURANCE
117295 2/3/09 TRISTAR RISK MANAGEMENT $ 1 47.00 01 76019 WORKERS COMPENSATION INSURANCE
117295 2/3/09 TRISTAR RISK MANAGEMENT $ 8 4.00 01 84019 WORKERS COMPENSATION INSURANCE
117295 2/3/09 TRISTAR RISK MANAGEMENT $ 2 10.00 19 70019 WORKERS COMPENSATION INSURANCE
----Vendor Total---- $ 2 ,100.00

117296 2/3/09 UNION BANK OF CALIFORNIA, N.A. $ 6 25.00 01 67032 TRUST ACCOUNT QUARTERLY FEE

117362 2/10/09 VALLEY SAW & GARDEN EQUIP $ 1 46.86 01 78045 MATERIAL/SUPPLIES
117362 2/10/09 VALLEY SAW & GARDEN EQUIP $ 4 9.95 01 78057 SAFETY EQUIPMENT
----Vendor Total---- $ 1 96.81

117404 2/19/09 VAPOR CLEANERS INC $ 1 8.00 01 74050 OUTSIDE LABOR

117405 2/19/09 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 1 48.75 50 24050 VOLUME STUDY

117363 2/10/09 VERIZON WIRELESS $ 3 5.44 01 60036 TELEPHONE
117363 2/10/09 VERIZON WIRELESS $ 5 5.06 01 64036 TELEPHONE
117363 2/10/09 VERIZON WIRELESS $ 4 5.00 01 65036 TELEPHONE
----Vendor Total---- $ 1 35.50

117364 2/10/09 WASSON'S CLEANING SVCS. $ 1 20.00 01 74053 CONTRACTUAL SERVICES

117297 2/3/09 WELLS FARGO $ 6 60.65 01 72095 FIRE DEPT SUPPLIES

141 Checks Total: $282,779.32

CITY COUNCIL: Resolution Amending Fee Schedule of Dept. Community Planning & Building to include New Building Permit Surcharge

Meeting Date: 3 February 2009
Prepared by: John Hanson, Building Official

City Council
Agenda Item Summary

Name: Consideration of a Resolution amending the fee schedule of the Department of
Community Planning and Building to include a new building permit surcharge, as required by Senate Bill No. 1473.

Description: SB 1473, which took effect on 1 January 2009, requires all jurisdictions to assess a surcharge on all residential and commercial building permits. This bill provides for the creation of the Building Standards Administration Special Revolving Fund.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: The surcharge will be $4 per $100,000 in valuation, with
appropriate fractions thereof, but not less than one dollar. The City may retain up to 10% of the surcharge for administrative costs and code enforcement education;
the remainder will be transmitted to the state on a quarterly basis.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: JOHN HANSON, BUILDING OFFICIAL
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 3 FEBRUARY 2008
SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING THE FEE SCHEDULE OF THE DEPARTMENT OF
COMMUNITY PLANNING AND BUILDING TO INCLUDE A BUILDING PERMIT SURCHARGE, AS REQUIRED BY SENATE BILL NO. 1473.

BACKGROUND & DESCRIPTION
SB 1473 took effect on 1 January 2009. It requires jurisdictions to assess a surcharge on all building permits, which will go toward the newly created Building Standards Administration Special Revolving Fund. This fund will emphasize the development, adoption, publication, updating, and educational efforts associated with green building standards.

The surcharge imposed by each jurisdiction will be $4 per $100,000 in valuation,
with appropriate fractions thereof, but not less than one dollar. The City may
retain up to 10% of the surcharge for administrative costs; the remainder will be
transmitted to the state on a quarterly basis.

RECOMMENDATION
Adopt the revised fee schedule by Resolution.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE FEE SCHEDULE OF THE DEPARTMENT OF COMMUNITY PLANNING AND BUILDING TO INCLUDE A BUILDING PERMIT SURCHARGE, AS REQUIRED BY CALIFORNIA SENATE BILL NO. 1473

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to
protect the village character through clear policies and regulations; and

WHEREAS, Senate Bill 1473 requires jurisdictions, as determined by the local building official, with appropriate fractions thereof, but not less than $1, to assess a surcharge on all building permit applications; and

WHEREAS, the bill would authorize the City to retain not more than 10% of the fees
collected for related administrative costs and code enforcement education, including certifications in the voluntary construction inspector certification program; and

WHEREAS the surcharge will be transferred to the state, on a quarterly basis to fund the Building Standards Administration Special Revolving Fund, which is established in the State Treasury.

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

Amend the fee schedule of the Department of Community Planning and Building to include a surcharge on all building permits, in accordance with SB 1473.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of February 2009 by the following roll call vote:

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

SIGNED,

_________________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR


Exhibit “A”Building Permit Surcharge
Permit Valuation Fee
$1 – 25,000 $1
$25,001 – 50,000 $2
$50,001 – 75,000 $3
$75,001 – 100,000 $4
Every $25,000 or fraction thereof above $100,000 Add $1

CITY COUNCIL: Resolution Adopting Revisions to Land Use Element, General Plan, Related to Affordable Housing

Meeting Date: 3 February 2009
Prepared by: Sean Conroy, Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting revisions to the Land Use element of the General Plan related to affordable housing. (The proposed revisions are required by the California Coastal Commission).

Description: This Resolution involves adoption of modifications to the General Plan to be consistent with City’s affordable housing ordinance, as approved by the California Coastal Commission, on 10 December 2008. As modified, the amendments will allow a maximum density of up to 88 units per acre for projects that consist exclusively of housing for low or very low-income residents.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: The amendments to the General Plan will establish a maximum density of 88 units per acre for projects that consist exclusively of affordable housing.

Decision Record: The City Council adopted a Resolution amending the General Plan on 1 July 2008 and an ordinance amending the Zoning Ordinance on 5 August 2008. The Coastal Commission certified the amendments, with modifications, on 10 December 2008.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
DATE: 3 FEBRUARY 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING REVISIONS TO THE LAND USE ELEMENT OF THE GENERAL PLAN RELATED TO AFFORDABLE HOUSING. THE PROPOSED REVISIONS ARE REQUIRED BY THE CALIFORNIA COASTAL COMMISSION

BACKGROUND & PROJECT DESCRIPTION
The City Council adopted revisions to the General Plan and Zoning Ordinance to allow for an increase in density and additional zoning exceptions for projects exclusively dedicated to housing for low or very-low income residents. Since affordable housing is at a premium, the intent of the amendments was to provide as much flexibility as possible.

The California Coastal Commission certified the proposed amendments, with modifications. The Coastal Commission determined that the City’s ordinance allowing for exceptions to numerous zoning standards had the potential to negatively impact the character of the City. The Commission approved the density bonus, but eliminated the City’s ability to grant other zoning exceptions. The Commission indicated that the City could still make exceptions for individual projects through the specific plan process.

These modifications require the following Council actions:
1) Adoption of a resolution accepting the changes to the General Plan.
2) Adoption of an ordinance accepting the changes to the Zoning Ordinance.
A separate item on the agenda addresses the modifications to the zoning ordinance.

RECOMMENDATION
Adopt the resolution.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA ADOPTING REVISIONS TO THE LAND USE ELEMENT OF THE GENERAL PLAN RELATED TO AFFORDABLE HOUSING

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

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations that guide property owners in the protection of the residential character; and

WHEREAS, the General Plan encourages the creation of ordinances that promote affordable housing and reduce governmental restraints on the provision of affordable housing; and

WHEREAS, the City Council adopted amendments to the Land Use Element of the General Plan/Local Coastal Plan on 1 July 2008 allowing an increased density for projects consisting exclusively of housing for low or very-low income residents; and

WHEREAS, the City Council adopted amendments to the Zoning Ordinance on 5 August 2008 addressing projects that consist exclusively of housing for low or very-low income residents; and

WHEREAS, on 10 December 2008 the California Coastal Commission certified the proposed amendments with modifications.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby resolve to adopt the attached amendments (Exhibit “A”) to the Land Use Element of the General Plan/Local Coastal Plan as certified by the California Coastal Commission.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of February, 2009 by the following roll call vote:

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

SIGNED,

__________________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR


Exhibit “A”
GENERAL PLAN / COASTAL LAND USE PLAN
Page 1-14
Land Use Designations
…
Multi-Family Residential. This area is intended to provide for multiple family residences at a maximum density of thirty-three (33) units per acre or forty-four (44) units per acre when some affordable housing is provided. Existing hotel and motel uses are allowed and may be reconstructed. Existing commercial buildings occupied by uses serving residential needs are also allowed, although additional commercial floor space is not. This area is also appropriate for public uses. Assuming an average population of 1.0 to 2.0 persons per unit, this allows for a population density of 33 to 66 persons per acre.

Maximum building intensity for this area is limited to 80 percent to 90 percent floor area ratio depending on the quality of design. Minimum required open space is 45 percent of each site. (LUP)

Allow for a maximum density of 88 units per acre and a maximum building intensity of up to 150% for projects that consist exclusively of housing for low or very low income households, as defined by the Association of Monterey Bay Area Governments
(AMBAG) in Municipal Code Section 17.70.

Page 1-15
Commercial
…
Commercial/Residential. This area is intended to provide for a mix of residential dwellings and a limited range of office and service uses in scale with the character of the community. Less intense commercial uses and visitor accommodations area allowed in this area. Mixed-use developments of commercial and multi-family residential uses at a maximum density of thirty-three (33) units per acre are allowed. This area is also appropriate for public service uses. Assuming an average population of 1.0 to 2.0 persons per unit, this allows a population density of 33 to 66 persons per acre. (LUP)

Maximum building intensity in the Commercial/Residential area is limited to 70 percent and 80 percent for one and two story buildings, respectively. More open space and less floor area is required on larger sites. Throughout the Commercial/Residential area, floor area bonuses (up to 15 percent) and density bonuses (up to 35) are allowed as incentives for affordable or senior housing and for special design amenities. (LUP)

Allow for a maximum density of 88 units per acre and a maximum building intensity of up to 150% for projects that consist exclusively of housing for low or very-low income households, as defined by the Association of Monterey Bay Area Governments (AMBAG) in Municipal Code Section 17.70.

CITY COUNCIL: Resolution in Support of Water for Monterey County Project

Meeting Date: 3 February 2009
Prepared by: Sean Conroy, Planning & Building Svcs Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution in support of the Water for Monterey County project.

Description: The Water for Monterey County Coalition, formerly the Regional Plenary Oversight Group (REPOG), is working in conjunction with the Division of Rate Payers Advocates (DRA) and the University of California, Santa Cruz Center for Integrated Water Research to develop a regional approach to meeting the County’s water needs. This Resolution is an expression of support for its efforts.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: Natural and governmental limitations have significantly limited the availability of water in Monterey County, particularly on the Monterey
Peninsula. The Water for Monterey County Coalition is working to develop a regional water project that would include a diverse portfolio of water sources.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE WATER FOR MONTEREY COUNTY PROJECT

WHEREAS, the City of Carmel-by-the-Sea has been actively participating in the Water
for Monterey County Coalition, sponsored by the Division of Ratepayers Advocates, California Public Utilities Commission (DRA).

WHEREAS, the Water for Monterey County Coalition is made of up citizens, NGOs,
government agencies, consultants and academics and is organized to develop a regional water plan; and

WHEREAS, the regional projects and water management programs appear to be cost
effective for ratepayers and have a significant regional benefit; and

WHEREAS, the City Council recognizes the water supply issues on the Monterey
Peninsula are significant and require a focused technical and political effort to be resolved; and

WHEREAS, a collaboration of political and quasi-political entities in Monterey County is beneficial and necessary to develop and implement a comprehensive strategy to achieve sustainable and cost effective water supply solutions.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby
resolve to support the Water for Monterey County Coalition in its technical planning, implementation strategy, and public outreach with the ultimate goal of solving the County’s water supply problems.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of February 2009 by the following roll call vote:

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

SIGNED,

__________________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution in Support of the Water for Monterey County Project

Meeting Date: 3 February 2009
Prepared by: Sean Conroy, Planning & Building Svcs Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution in support of the Water for Monterey County project.

Description: The Water for Monterey County Coalition, formerly the Regional Plenary Oversight Group (REPOG), is working in conjunction with the Division of Rate Payers Advocates (DRA) and the University of California, Santa Cruz Center for Integrated Water Research to develop a regional approach to meeting the County’s water needs. This Resolution is an expression of support for its efforts.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: Natural and governmental limitations have significantly limited the availability of water in Monterey County, particularly on the Monterey
Peninsula. The Water for Monterey County Coalition is working to develop a regional water project that would include a diverse portfolio of water sources.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE WATER FOR MONTEREY COUNTY PROJECT

WHEREAS, the City of Carmel-by-the-Sea has been actively participating in the Water for Monterey County Coalition, sponsored by the Division of Ratepayers Advocates, California Public Utilities Commission (DRA).

WHEREAS, the Water for Monterey County Coalition is made of up citizens, NGOs, government agencies, consultants and academics and is organized to develop a regional water plan; and

WHEREAS, the regional projects and water management programs appear to be cost effective for ratepayers and have a significant regional benefit; and

WHEREAS, the City Council recognizes the water supply issues on the Monterey Peninsula are significant and require a focused technical and political effort to be resolved; and

WHEREAS, a collaboration of political and quasi-political entities in Monterey County is beneficial and necessary to develop and implement a comprehensive strategy to achieve sustainable and cost effective water supply solutions.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby resolve to support the Water for Monterey County Coalition in its technical planning, implementation strategy, and public outreach with the ultimate goal of solving the County’s water supply problems.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of February 2009 by the following roll call vote:

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

SIGNED,

__________________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution Approving Kawasaki All-Terrain Vehicle As Surplus & Authorizing Sale

Meeting Date: February 3, 2009
Prepared by: Joyce Giuffre, Admin Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving a 2005 Kawasaki all-terrain vehicle as a surplus vehicle and authorizing its sale.

Description: The City’s vehicle fleet includes a 2005 Kawasaki all-terrain vehicle
(ATV). The vehicle was purchased by Carmel Marina Corporation and given to the City per Section 23 of the franchise agreement with the City.

This section of the franchise agreement stipulates that Carmel Marina will purchase an ATV every two years for the City’s use in collecting beach trash and recycling and for emergency response at the beach.

On December 2, 2008, a 2008 Kawasaki ATV was purchased by Carmel Marina Corporation to replace the 2005 model. The 2005 ATV is now considered to be a surplus vehicle. Staff requests City Council approval to declare the 2005 ATV as surplus and authorize staff to sell it. The market value for the 2005 Kawasaki ATV is approximately $2,500-$2,800. The City Administrator will approve the sale transaction before it is finalized.

Overall Cost: City Funds: $350 estimated for advertising and selling expenses
Grant Funds: N/A

Staff Recommendation: Staff recommends Council approval of the Resolution.
Important Considerations: City of Carmel-by-the-Sea’s Municipal Code Section 3.16.040 requires City Council to approve the sale of property valued more than $500.

Decision Record: None

Reviewed by:

___________________________ __________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A 2005 KAWASAKI ALL-TERRAIN VEHICLE AS A SURPLUS VEHICLE AND AUTHORIZING ITS SALE

WHEREAS, the City’s vehicle fleet includes a 2005 Kawasaki all-terrain vehicle with a current market value of $2,500-$2,800; and

WHEREAS, the City receives a new all-terrain vehicle from Carmel Marina Corporation every two years for beach trash and recycle collection and beach emergency response; and

WHEREAS, in December 2008, Carmel Marina Corporation purchased a 2008 Kawasaki
all-terrain vehicle for the City. Therefore, the 2005 Kawasaki all-terrain vehicle is now considered a surplus vehicle; and

WHEREAS, City of Carmel-by-the-Sea Municipal Code Section 3.16.040 requires City Council approval for sale of City property with a value in excess of $500.

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

1. Declare the 2005 Kawasaki all-terrain vehicle as a surplus vehicle.

2. Authorize the sale of the 2005 Kawasaki all-terrain vehicle and deposit sale proceeds to General Fund account 01-46801-0003.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of February 2009 by the following roll call vote:

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

SIGNED:

_____________________
Heidi Burch, City Clerk

ATTEST:

______________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution Authorizing Expenditure for Use of Sunset Center by Flim Crew of "Carmel: the Movie"

Meeting Date: February 3, 2009
Prepared by: Joyce Giuffre, Admin Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the expenditure of $834.00 from the Council’s Discretionary Account for the use of Sunset Cultural Center meeting rooms by the film crew of “Carmel: the Movie”.

Description: In December 2008, meeting room space at the Sunset Center Cultural Center was used by a production crew working on the upcoming movie, “Carmel: the
Movie”. Several locations within the City limits will be filmed as part of
the movie.

By supporting the efforts in making this movie, the City may gain economic benefits. The movie is based on a story set in Carmel-by-the-Sea and the movie’s worldwide distribution of the movie, may result in favorable name recognition for the City, which may translate into in increased tourism.

The cost of the meeting room space used by the film crew was $834.00 (see Exhibit “A”). The Council’s Discretionary account 01-60207 has sufficient funds to cover this expenditure.

Overall Cost: City Funds: $834.00
Grant Funds: $0

Staff Recommendation: Staff recommends that Council approve the Resolution.

Important Considerations: None

Decision Record: None

Reviewed by:

___________________________ __________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING AN EXPENDITURE OF $834.00 FROM THE COUNCIL’S DISCRETIONARY ACCOUNT FOR SUNSET CULTURAL CENTER MEETING ROOMS USED BY THE FILM CREW OF “CARMEL: THE MOVIE”

WHEREAS, meeting rooms at the Sunset Cultural Center were rented in December 2008
by the film crew of a production company filming “Carmel: the Movie” in Carmel-by-the-Sea; and

WHEREAS, Carmel-by-the-Sea can gain economic benefits from promoting and supporting film-making within the City limits; and

WHEREAS, the Sunset Cultural Center meeting rooms rental cost was $834.00 and there are sufficient funds in the fiscal year 2008-09 Council Discretionary budget account 01-60207 to cover this expenditure.

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

1. Authorize the expenditure of $834.00 from the Council Discretionary account
01-60207 to Sunset Cultural Center for the December 2008 rental costs of meeting rooms used by the film crew of “Carmel: the Movie”.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of February 2009 by the following roll call vote:

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

SIGNED:

_________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution Approving City's Free Use Days at Sunset Center for Film Production "Carmel: the Movie"

Meeting Date: February 3, 2009
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving two of the City’s free use days at the Sunset Center Theater on February 13-14, 2009 for film production of “Carmel: the Movie”.

Description: The producer of “Carmel: the Movie” has requested use of two of the City’s free use days for the Sunset Theater on Friday and Saturday, February 13 and 14, 2009. The reason for the request is to film this feature movie.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: The City is granted five “free use” days each fiscal year. Earlier this year, the Carmel Garden Club and Carmel Foundation each received permission from Council to use one of the City’s days. One more day will remain between now and June 30, 2009.

Decision Record: None.

Reviewed by:

_____________________________ __________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE USE OF THE SUNSET CENTER THEATER ON FEBRUARY 13 & 14, 2009 FOR FILM PRODUCTION OF “CARMEL: THE MOVIE”

WHEREAS, the City has five free use days available for use by requesting non-profit
organizations that provide a public service to the Carmel community; and

WHEREAS, the City has available free use days to accommodate this request; and

WHEREAS, the movie “Carmel: the Movie” will portray the City in a favorable light and bring positive public exposure to the City through worldwide distribution of the feature film; and

WHEREAS, the purpose of the free use day requested by the movie producers is for film production of this feature.

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

1. Approve two free use days of the Sunset Center Theater on February 13 and 14, 2009 as described in the Agreement between the City and the Sunset Cultural Center, Inc.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of February 2009, by the following roll call vote:

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

SIGNED:

_____________________
Heidi Burch, City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Resolution Authorizing Destruction of Certain Records

Meeting Date: February 3, 2009
Prepared by: Heidi Burch, City Clerk

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

Description: The City has adopted the City Clerks’ Association of California Local Government Records Retention Guidelines as its records management program. Departments have identified records that are eligible for destruction and are listed in Exhibit “A” attached hereto.

Overall Cost:
City Funds: Between $450 - $500
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution and authorize staff to proceed with the
destruction of records.

Important Considerations: Destruction of the records will free up needed document
storage space and will aid in streamlining research for documents. The City Attorney has reviewed the list of documents and has authorized their destruction.

Decision Record: The Council has previously approved Resolutions No. 2000-31, 2006-17, 2007-66, and 2008-77 authorizing destruction of documents.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS IN ACCORDANCE WITH §34090 et seq. OF THE GOVERNMENT CODE

WHEREAS, the City of Carmel-by-the-Sea has an ongoing program for the destruction of records in accordance with §34090 et seq. of the Government Code of the State of California; and

WHEREAS, the Government Code states that unless otherwise provided by law, records
that are two years old may be destroyed upon consent of the legislative body; and

WHEREAS, it has been determined that certain documents are no longer of value to the
organization of the City; and

WHEREAS, sufficient funds have been budgeted for this program in Fiscal Year 2008/09.

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

1. Authorize, in accordance with §34090 et seq. of the Government Code of the State of California, and with the permission of the City Attorney, the destruction of those records described in Exhibit “A”, attached hereto.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA THIS 3rd day of February, 2009, by the following roll call vote:

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

Signed:

_____________________________
Heidi Burch, City Clerk


ATTEST:

_______________________________
SUE McCLOUD, MAYOR


EXHIBIT “A”
List of Records Identified for Destruction – February 3, 2009
Administration Box Year
Ewing vs. City of Carmel Exhibits 20 1967
Ewing vs. City of Carmel – Interrogatory Answers 20 1967
Ewing vs. City of Carmel – Backup Information 20 1967
Hold Harmless Encroachment Agreement – Stone,Post and Flower 21 1976
Appeal – Alfred Seccombe 21 1979
Post Office 21 1976
Public Utilities Commission 21 1979
Cal-American Water Co. Litigation 21 1976
Robert Van Ostrand-Satisfaction of Judgment 21 1979
Traffic/Circulation Committee of Planning Comm. 21 1978
Toso vs. Santa Barbara – Brief/Precondemnation 21 1979
Stalwell, Corinne – Zoning Violation 21 1971
Building & Planning Dept. Reorganization 21 1979
Beachland Acquisition (Dillon, Mildred) 21 1966
Appeal – Barney Segal 21 1980
Automated Criminal Justice Information System 21 1979
Assessment of Real Property 21 1973
Appeal – Carmel Kitchen Associates 21 1979
Dock Lor’s Restaurant 21 1980
Delancey Street Foundations – Solicitations 21 1979
Civic Center 21 1967
Carmel Resort Inn 21 1978
Planning Commission Correspondence 21 1977
Carmel Live Music – Mistretta and Farrell 21 1979
Loitering 21 1970
La Boheme Restaurant-Belle Smith 21 1978
Insurance – Cal Western Insurance Company 21 1977
Fire House Addition 21 1977
F.P.E. Group Sunset Center Sprinkler Agreement 21 1978
General Store Use Permit 21 1979
Hofsas House 21 1977
Hostelry Tax on Forfeited Room Deposit 21 1978
Economic Profile 21 1979
Goichman vs. Kelly, et al (Appeal) 22 1979
City of Salinas vs. City of Seaside 22 1979
Strock vs. Wesley 22 1978
Circle Theater 22 1977
Estate of Amy Bingham 22 1974
Miscellaneous Agreements/Duplicates 22 1966-1973
Odello Negotiations 22 1974
Mobil Station – 5th & Junipero 22 1970
Gilman – Barking Dog Complaint 22 1971
Frank Falge – Illegal Apartment 22 1972
Board of Adjustments – Lois DiGrazia 22 1970
Letters Requesting Rent Control 22 1979
CSAA vs. Katherine Spafford, et al 22 1979
City Attorney Opinions File 22 1959-1973
Council Policies 22 1972
Hearings on Appeals 22 1982
Duplicate Board/Council Minutes 22 1979-1980
Planning Commission Use Permit Duplicates 22 1977
Estate of Amy Bingham 22 1974
CATV Information 22 1967
Subdivision Ordinance Information 23 1980
Ordinance Relating to Charitable Solicitations (Duplicate)23 1980
Taxicab Ordinance (Duplicate) 23 1981
Time Share Ordinance (Duplicate) 23 1982
Ordinance Relating to Significant Buildings (Duplicate) 23 1974
Smoking Ordinance (Duplicate) 23 1980
Skateboard Ordinance (Duplicate) 23 1977
Ordinance Relating to Signatures on Payroll Warrants (Duplicate) 23 1979
Ordinance on Residential Property Speculation (Duplicate) 23 1977
Ordinance Relating to Residential Zoning Reports (Duplicate) 23 1976-1980
Ordinance on Sidewalk & Encroachment Permit (Duplicate) 23 1980
Ordinance Relating to Sidewalks (Duplicate) 23 1973
Ordinance Relating to Sign Application Procedures (Duplicate) 23 1981
Ordinance Relating to Sign Control (Duplicate) 23 1966-1981
Municipal Code Information Relating to Sleeping in Vehicle 23 1982
Ordinance on Warrants, Checks – Signatures Required (Duplicate) 23 1983
Ordinance Prohibiting the Deposit of Waste Materials on Public Property (Duplicate)
23 1983
Zoning Annexed Areas 23 1981
Ordinance – Tree Removal (Duplicate) 23 1974-1978
Tree Service Liability Insurance 23 1982
Ordinance Prohibiting Construction of 2 Story
Structures/Additions – (Duplicate) 23 1983
Correspondence Relating to Uniform Building Codes 23 1974
Towing Ordinance (Duplicate) 23 1975
Ordinance Regarding Tree Cutting (Duplicate) 23 1975
Ordinance on Transient Occupancy Prohibited(Duplicate 23 1982
Ordinance on Tour Buses (Duplicate) 23 1982
Journe Jonikas vs. Francis Fischer, et al (Deposition Copy) 24 1983
City’s Contribution Plan 24 1979
Proposals & Negotiations Between CPDEA and Carmel Council 24 1976-77
Case/Projects – POA vs. Seaside 24
Jonikas vs. City of Carmel (Duplicate Corresp.) 24 1983
Duplicate – Judgment Declaring Ordinance Invalid 25 1973
Complaint in Intervention 25 1971
Subpoenas-Carmel vs. Monterey Bd. Of Supv. 25
Limitation of Remedies-Defense 25 1973
Demars Deposition 25 1973
Carmel vs. Monterey Bd. Of Supv. – Meharry (Misc. Pleadings 25 1979
Odello Background Information 26 1973
General Plan – Monterey County-Carmel Area Local
Coastal Plan (Correspondence)/Odello 27 1982-1983
Claims Against City 28 1982
Litigation – Paul Laub 29 1979-1981
Procedures on Elections 30 1981
Anti-Trust (Includes Boulder Decision) 30 1982
Opinion – Council Compensation 30 1980
Development Agreements (League of Calif. Cities) 30 1980
Expert Witnesses-Psychological Stress Evaluation 30 1979
Elections Initiatives 30 1981
Fair Labor Standards Act 30 1975-1977
Fire Inspection Program – SB811 30 1981
General Plan Housing Element Guidelines 30 1980
Building Code Requirements, Re: Handicapped Access 30 1983
Jarvis Gann Initiative 30 1979
Misc. Organizations & Booklets 30 1978-1983
Agins vs. City of Tiburon/Copy 30 1980
City of Chula Vista vs. Calif. Coastal Comm. Et al/Copy 30 1981
Signs – San Rafael Sign Ordinance Lawsuit 30 1976
Municipal Law – Immunities 30
McMahans Furniture Co. vs. City of Pacific Grove/Copy 30 1963
Personnel Procedure for Discipline/Dismissal 30 1977-1978
Zero Emission Vehicles 31 1994
Storm Drain Notice of Completions 31 1992-1994
Bid – Bingham Room interior/exterior 31 1991
Flanders – Sewer Hookup Bids 31 1976
Councilmember Compensation During Office 31 1980
Proclamations/Declarations-City Council 31 1988-1994
Beach Restoration Program 31 1983
Van/Taxi Service Special Transit 32 1990-1991
TDA Application 32 1990-1991
TDA Taxi Service 32 1989-1990
TDA Projects 32 1989-1990
TDA Application Forms 32 1987-1989
Park Grants Procedural Guides 32 1982
Funding –Federal & State Grant Programs 32 1982
Funding – Forest Hill Park – State Parks & Rec. 32 1981
Funding – Housing & Community Development 32 1978
City vs. County – Carmel Valley Master Plan 33 1979-1983
Odello Specific Plan – EIR 33 1980
Police Dept. Correspondence 34 1978-1982
Duplicate Correspondence, Re: Park Grants 34 1978-1987
Correspondence- Monterey County-Transportation Commission 34 1990-95
Proposed Development in Coyote Valley, San Jose 34 1999-2000
1982 Municipal Election Correspondence 34 1982
1976 Municipal Election Correspondence 34 1976
Odello-Rancho Canada EIR & Appeal 35 1981-1983
City vs. Monterey Board of Supervisors 36 1981-1982
City vs. Coastal Commission (Duplicate Transcripts) 36 1981-1982
City’s Insurance Carrier 37 1985
TDA Funds 37 1983-1984
Nuclear Weapons & Freeze Correspondence 37 1982-1985
Municipal Election Duplicates 37 1980
Budget Correspondence 37 1989
Ballot Measure Correspondence 37 1977-1991
FPPC Form 730 – Community & Cultural Comm. 37 1985-1987
FPPC Form 721 – City Council, City Attorney, City Administration 37 1986-1988
FPPC Form 721 – Planning Commission 37 1986-1988
Municipal Election Correspondence 37 1984
City of Carmel vs. Founders Title Co. 38 1980-1983
Evans vs. City of Carmel Transcripts 38 1974-1976
Parr vs. Municipal Court 38 1968-1971
City of Carmel Collections 39 1973-1977
Public Works/Tree Complaints/Collections 39 1977-1979
City Complaints 39 1973-1976
Citation Prosecution 39 1978
Library Correspondence 39 1968-1977
Miscellaneous Criminal Complaints 39 1972-1976
City of Carmel vs. Coastal Commission (Case
#13452) (Odello/Pleadings & Correspondence) 40 1976-1985

CITY COUNCIL: Amendments to Five Council Policies

Meeting Date: February 3, 2009
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Approve amendments to five Council policies as considered at the October 28,
2008 Council retreat.

Description: At its retreat on October 28, 2008, Council considered amendments to five Council policies. As no formal action could be taken at this special meeting, these revisions are now being brought forward for approval. The five policies approved were: 89-3; 89-06; 89-41; 94-02; and the City Council Rules and Procedures.

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

Staff Recommendation: Approve the five policy amendments.

Important Considerations: Amendments to Council policies must be done periodically to ensure they are in the best interest of the City and accurately reflect current practice.

Decision Record: None.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


POLICY NO. C-89-3
APPEARANCES AT CITY COMMISSION, BOARD OR COMMITTEE MEETINGS
Statement of Purpose:
It is of paramount importance to the City Council that all City business be conducted in a fair and impartial manner. At the same time, the Council recognizes that citizens serving their community cannot be expected to give up their right of free speech. This policy is an attempt to establish guidelines which balance the individual’s right of free speech with the community’s right to due process through the fair and impartial conduct of City business.

Members of City Council are in the dual role of acting as legislators, passing rules and regulations by which to govern the City, and also acting in the quasi-judicial role of reviewing a specific project or appeal from another board or commission within the City.

In the legislative role, comments from any source or lobbying by an individual or group are acceptable. While it is a gray area of law, it is preferable to avoid ex parte contacts regarding specific projects on appeal from a board or commission including the viewing of a particular site or project. If it is necessary to view a particular project or site, those items can be placed on a Council tour so that all members hear and see the same information and the appellant has his or her case heard in a public forum where each member of Council may ask questions.

Policy Governing Council Members:
Members of the City Council may attend and observe hearings and meetings of City
commissions, boards and committees of which they are not members. However, since
they may later be required to review and act on decisions and recommendations of lower bodies, Council members should not participate in or attempt to influence their decisions.

Policy Governing Members of Boards, Commissions and Committees:
Appointed members of City commissions, boards and committees may attend hearings
and meetings held by other City bodies of which they are not members. If a member of a commission, board or committee is attending the hearing or meeting of another
commission or board over which they have discretionary powers to review decisions or
recommendations, then that member should not participate in or attempt to influence the decision of such body.

If the member is not attending at the direction of and as an official representative of another body, he or she may still participate in the meeting as long as it is clearly explained in advance that such participation is strictly personal and unofficial. Those who serve their community hold a public trust, and they should avoid giving any appearance of unfairness.
Amended 2/09

POLICY C89-06
APPOINTMENT TO COMMISSIONS, BOARDS, COMMITTEES
Appointment to all City Boards, Commissions and Committees are established by the
City’s Municipal Code as Mayoral appointments with confirmation by the City Council.
Posting and Notification of Vacancies
State law requires an annual posting prior to December 31 of all appointive terms on
Boards, Commissions and Committees which are scheduled to expire within the
upcoming year. The notice shall not be removed until these vacancies have been filled.

State law requires unscheduled vacancies (resignation, etc.) to be publicly noticed within 20 days after the occurrence of the vacancy and prohibits appointment to the vacancy within 10 days of the public notice.
1. The City Clerk shall maintain a file containing all applications for appointive
positions. All applications must be made on a form provided by the City Clerk. Applications will be purged annually in November. Interested applicants must reapply.
2. A letter and application form shall be sent to each current Board/Commission/Committee member whose term is set to expire in October, inquiring about their intent to seek reappointment and specifying that an affirmative response does not automatically mean reappointment. Those Commissioner/Board members who wish to be reappointed must complete and return the application to the City Clerk by a date certain.
3. A subcommittee, comprised of the Mayor and Mayor Pro Tempore, shall review all applications and interview each prospective member.
4. The City Clerk shall notify the Mayor, Mayor Pro Tempore, members of Council, the chairpersons of Boards/Commissions, and appropriate department directors of upcoming vacancies.
5. The City Clerk shall place a display ad in the Carmel Pine Cone seeking
applications from the general public. The Clerk shall establish a deadline for
applications to be received. Immediately following the deadline, copies of these applications shall be provided to the subcommittee of the Mayor and Mayor Pro Tempore for their review.
6. The subcommittee shall notify the City Clerk in sufficient time to place the
nominees on the September City Council agenda for ratification by the full Council.
7. Appointments shall be confirmed by majority vote of those members present
at the Council meeting at which the matter has been scheduled.
8. The Mayor and City Clerk shall notify each appointee of the City Council’s
action. The Clerk shall provide a current 700 Statement of Economic Interest
Assuming Office Form and a Value Statement for acknowledgement of receipt by each new appointee.
9. All new appointees shall receive a Handbook for New Commission/Board/Committee members.
10. The City Clerk shall notify all new appointees of the date and time to attend
an orientation program conducted by the City Attorney. The program will
cover City government in general, and not be Commission/Department specific.
11. Each department subsequently will arrange a full departmental orientation
meeting, including review of the individual’s own orientation handbook. This
is the handbook that expands upon the information contained in the Citywide
commissioner handbook.

Unscheduled Vacancies:
1. All resignations shall be in writing and filed with the City Clerk, who will
distribute it to the affected parties. A Notice of Unscheduled vacancy will not
be posted until such a written resignation is received.
2. The appointment procedure shall follow the same guidelines as that for
regularly scheduled appointments, with the exception that no appointment
shall be made until 10 days after the public Notice of Unscheduled Vacancy.

Oath of Office:
1. The City Clerk shall administer the Oath of Office and present a Certificate of
Appointment to each new appointee at the applicable Board/Commission immediately following the Council meeting when they are confirmed.

POLICY NO. C89-41
ACCEPTANCE OF DONATIONS AND GIFTS TO THE CITY
The City Council welcomes and encourages gifts to the City of Carmel-by-the-Sea. In
order to formalize the City’s policies regarding the acceptance of gifts and donations, the following shall apply:
1. All donations and gifts of non art-related items with a value of $1,000 or less may be accepted by the City Administrator and/or the Mayor without the prior
approval of the City Council.
2. All donations and gifts with a value in excess of $1,000 must be approved and
accepted by a Resolution of the City Council.
A. Donated public benches may have a 3¾" x 1¼" brass plaque placed on the bench. The plaque may have a short message whose text is subject to approval by the City Administrator. Any person wanting to donate a new bench or take responsibility for an existing bench must live in or memorialize someone who has lived in Carmel-by-the-Sea or in the sphere of influence.
3. No plaque or other identification may be attached to any other gift or donation
that is placed in any public building or in the public right-of-way without specific
authorization of the City Council.
4. Other donations and gifts with a value in excess of $1,000 will be formally
recognized by a letter of appreciation from the Mayor.
Amended: 2/09

POLICY NO. C94-02
DUAL MEMBERSHIP ON CITY BOARDS/COMMISSIONS/COMMITTEES
PURPOSE: To establish a policy for membership on more than one Council-appointed
Board/Commission/Committee.
POLICY PROCEDURE:
Persons shall not serve simultaneously on more than one Council-appointed standing
Board/Committee/Commission.
This policy does not preclude the appointment of current members of Boards/Commissions/Committees to ad hoc committees or to task force groups.
Amended 2/09

CITY OF CARMEL–BY-THE-SEA
CITY COUNCIL
RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The
Mayor serves a two-year term and members of the City Council serve four year terms.
I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As the titular head of the City Council, the Mayor represents the City at quasi-governmental and social functions and may represent the City Council before other governmental bodies on specific matters as my be authorized by the City Council.
B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in May. The Mayor Pro Tempore
shall not serve more than two consecutive one-year terms. This appointment is
announced by the Mayor, but does not need to be ratified by the City Council. In the
absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and
may attend social/quasi-governmental functions on behalf of the City.
C. Absence of both the Mayor and Mayor Pro Tempore
In the absence of both the Mayor and Mayor Pro Tempore, members of the City Council
shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the Mayor Pro Tempore as described above.
II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of
Inspection) are regulated by Chapter 2 of the Municipal Code.
A. Agenda
Only items that are agendized may be acted on at any Council meeting.
• Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of all department directors and is reviewed at the weekly staff Management meetings.
• Agenda Finalization
The Mayor and Mayor Pro Tempore meet with the City Administrator and City Clerk
nine days prior to the meeting to finalize the draft agenda.
• Continuance of Agenda Item
Any City Council member who is ill or will be away from the City may request, in
writing, that an item of “personal interest” or a “major issue” be continued to the next meeting. The City Council shall vote on the issue of continuance.
• Agenda Posting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the City Website) a minimum of 72 hours prior to a regular meeting and a minimum of 24 hours prior to a Special Meeting.
B. Orders of City Business
The Orders of City Council business are adopted by Resolution of the City Council.
Currently, the Orders of City Council Business are:
• Extraordinary Business
This category allows the City Council to recognize volunteers, employees, present
certificates of appreciation and awards.
• Announcements from City Council Members & City Administrator
This category allows an opportunity for City Council Members to comment on meetings
attended of outside agencies and the City Administrator to give a brief report to the City Council and receive presentations that require little or no action.
• Public Appearances
State law requires that the public has an opportunity to speak. The Public Appearances section allows persons to speak a maximum of three minutes on items of business, other than scheduled agenda items.
• Consent Agenda
The Consent Agenda consists of routine and non-controversial City matters. Any City
Council Member or member of the public may ask to have an item pulled from the Consent Agenda for discussion. Such items are normally moved to the end of the
meeting.

If a City Council Member has a question for information only about a Consent Calendar
item, the Member should ask ahead of time, rather than pulling the item for discussion during the meeting.

Corrections to the Minutes are given to the City Clerk prior to the meeting so that
corrections can be made prior to their adoption.

• Public Hearings
Public Hearings consist of zoning amendments, General Plan amendments, appeals of
Commission decisions and other items mandated by the State. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have the opportunity to rebut public comments. Other speakers will be allowed three minutes.

Formal Public Hearings must be advertised pursuant to State and Government Codes.
• Ordinances
Ordinances are the most binding of all City laws. They comprise the Municipal Code of
the City of Carmel-by-the-Sea. Ordinances require two readings and do not become
effective until 30 days after the second reading.

• Orders of Council/Resolutions
Items that require City Council discussion/debate/direction are placed under those
categories. Decisions that are more formal often take the form of a Resolution and are placed in that category.

III. CONDUCT OF CITY COUNCIL MEETINGS
A. General Procedure
It is the policy of the Council not to become involved in entanglements over
parliamentary procedure. Pursuant to the Municipal Code, the Chair shall have authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. The Mayor will assist the Council to focus on the agenda, discussions and deliberations. He/she has been delegated the responsibility to control the debate and order of the speakers.

B. Questions Addressed to a Council Member
With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member. That Council Member may respond while the floor
is still held by the Council Member asking the question.

Council Members will limit their comments to the subject matter, item or motion being
currently considered by the Council. They will govern themselves as to the length of
their comments or presentation.

C. Meeting Procedures for review of Each Item on the Agenda (with the
exception of Public Hearings:
• The Mayor will read the agenda item under discussion.
• Staff will present a brief report.
• City Council questions of staff.
Upon recognition by the Mayor, Members of City Council may ask questions of the staff prior to opening of the discussion to members of the audience.

D. Public input/oral presentations
Any member of the public wishing to address the Council orally on a specific agenda
item may do so when the item is taken up by Council, or as otherwise specified by the
Council or its presiding officer. Oral presentations are limited to three minutes, unless otherwise provided.

Persons who anticipate oral presentations exceeding three minutes are encouraged to
submit comments in writing to the City Clerk, by the Tuesday prior to the meeting so they may be included in the agenda packet. In order to expedite matters and to avoid
repetitious presentations, whenever any group of persons wishes to address Council on
the same subject matter, the presiding officer may request that a spokesperson be chosen by the group. A specified time limit also may be set for the total presentation for any group.

• Close of Public Comment
Once public comment is closed, it cannot be reopened unless Council agrees by
consensus.

• Staff response to questions from the public.
Based on staff responses to the public, members of the City Council may wish to address further questions to staff.

• The Mayor/City Administrator/Attorney shall remind the City Council of the
action before Council.
• City Council discussion
• City Council action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the Chair shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any City Council Member properly recognized by the Chair. Once the matter has been fully discussed and the Chair calls for a vote, no further discussion will be allowed.
Council Members may be allowed to explain their vote briefly for the record. Once a
vote is taken, all Council Members shall support the action taken.

• Substitute motions
When a motion is on the floor, any member of City Council may make a substitute
motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the main motion.
• Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making persons or body from which the appeal was taken.

• Motions to reconsider
Motions to reconsider a matter may be made at the same meeting or at the next
succeeding meeting following a Council action for reconsideration. Such motions must
be made by a Council Member voting in favor of the original motion.

• Staff announcement of decision
The Mayor, City Administrator, City Attorney, or City Clerk shall announce the vote and passage or failure of an item.

E. Meeting Procedure for formal Appeals/Public Hearings
When a matter for public hearing comes before the City Council, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present any evidence regarding the matter.

The procedure for holding City Council appeals differs from other items where the public is allowed to speak in that appellants are allowed to have 10 minutes to make a presentation, including closing comments. The public testimony follows, after which the appellants are given an opportunity for rebuttal or closing arguments.

• Public comments/discussion
No person will be permitted during the hearing to speak about matters or present any
evidence that is not germane to the matter being considered. A determination of
relevance shall be made by the Mayor or City Attorney, but may be appealed by any
Member of the City Council.

F. Minutes of Meeting Policy (C 89-02)
The Minutes of the City Council meeting are action minutes and do not reflect City
Council commentary and discussion. However, if a Council Member wishes to include
comments in the record, they will be included if so requested at the meeting. (e.g. “for the record, I wish to state…”)

• Items entered into the record
All agenda items/documentation/correspondence received at a Council meeting shall be
retained in the Clerk’s records.

• Distribution
The minutes shall be distributed to members of the City Council for comment and/or
correction in the Council packet. The City Clerk will correct the minutes prior to the meeting, and if the correction is substantive, copies of the corrected minutes shall be distributed to all members of the Council.

G. Official Recordings of the Meeting
All City Council meetings are recorded. This ensures accuracy of the minutes and
provides a temporary record of the City Council proceedings. Once the minutes are
approved, legally, the tapes do not have to be retained. However, recordings of the
Council meetings are retained for 10 years; Planning Commission for seven years; and
recordings of other commissions/boards for two years.
Amended: October 28, 2008