CITY COUNCIL: Agenda & Minutes March 2009

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

Broadcast date
Sunday, March 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

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. City’s Achievement of Tree City USA status for 2008.

C. Announcements from City Administrator
1. Presentation on AMBAG Energy Watch program.

2. Demonstration of the Fire Department’s new Auto-Pulse Noninvasive Cardiac Support Pump.

3. Presentation from Transportation Agency for Monterey County on the Regional Taxi Study Project.

4. Update on the City’s stormwater program.

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 February 3, 2009.

B. Ratify the minutes for the special meeting of February 4, 2009.

C. Ratify the bills paid for the month of February 2009.

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

E. Consideration of a Resolution entering into a lease purchase agreement with California First National Bank to finance the $436,968 purchase of a Saber PUC fire engine.

F. Consideration of a Resolution authorizing a grant application to the Monterey Peninsula Foundation Youth Fund seeking supplemental funding for City-sponsored community events.

G. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing services in an amount not to exceed $27,500 in fiscal year 2008/09.

H. Consideration of a Resolution adopting revisions to City Council Policy C95-07 related to the installation of banners on public property.

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. None.

IX. Ordinances
A. Second reading 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.

B. Second reading of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains.

C. Second reading 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.

D. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to dissolve the Design Review Board (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. Receive report and provide policy direction on the proposal to transform MST from a Joint Powers Agency to the Monterey-Salinas Transit District.

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

XII. Adjournment

The next meeting of the City Council will be:
Budget Workshop – 4:30 p.m.
Thursday, April 2, 2009
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, April 7, 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.

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.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 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 4:35 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.

Staff pulled Items VII.E. and G. and X.A. for consideration at a later date.

IV. EXTRAORDINARY BUSINESS
None

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL MEMBERS AND THE CITY ADMINISTRATOR.
A. Announcements from Closed Session.
No announcements from Closed Session.

B. Announcements from City Council Members.
Council Member Sharp noted the “Step Up 2 Green” program at www.stepup2green.org and the “Fix a Leak Week,” March 16-20.

Mayor McCloud noted the Arbor Day Foundation’s designation of the City as a “Tree
City USA” for the fifth year. The Carmel High School Mock Trial team is the
Monterey County champion and will participate in the statewide competition. The Carmel High School boys’ basketball players were named to the Winter Sports
Athlete Scholar team of the Central Coast Section of the California Interscholastic
Federation, the governing body for high school athletics.

C. Announcements from City Administrator.
Presentation on AMBAG Energy Watch program
Elizabeth Russell of AMBAG presented the update on the Energy Watch Program and noted the solar program “Berkeley First.”

Demonstration of the Fire Department’s new Auto-Pulse Noninvasive Cardiac Support Pump Fire Captain Mitch Kastros provided background information on the pump, while
Firefighters Meurer and Evans conducted the demonstration.

Presentation from Transportation Agency for Monterey County on the Regional Taxi Study Project
Debbie Hale, Executive Director of the Transportation Agency for Monterey County, presented the report on the Regional Taxi Study Project.

Update on the City’s Stormwater Program
City Administrator Guillen presented the update on the City’s storm water diversion
efforts and the awarding of a $2.5 million grant to the City by the State Water
Resources Control Board.

VI. APPEARANCES
Mayor McCloud opened the appearances section to public comment at 5:06 p.m.

John Flores of the Census Bureau addressed Council regarding “Census 2010”.

Roberta Miller of the Carmel Residents Association addressed Council about a lecture hosted by the group on sustainable architecture. The free lecture will be on March 26at Vista Lobos.

Jim Emery, Treasurer of the Carmel Residents Association, presented the organization’s Budget Recommendations to the City.

Denise Swift, representing Denny LeVett, addressed Council regarding economic development efforts.

Monta Potter, CEO of the Carmel Chamber of Commerce, noted the Chamber’s Economic Advisory Committee.

Mayor McCloud noted the opportunity for retailers, restaurants and other Carmel-by-the-Sea businesses to put free listings on the City’s travel website.

Mayor McCloud closed the appearances section to public comment at 5:17 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of February 3, 2009.

B. Ratify the minutes for the special meeting of February 4, 2009.

C. Ratify the bills paid for the month of February 2009.

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

E. Consideration of a Resolution entering into a lease purchase agreement with
California First National Bank to finance the $436,968 purchase of a Saber PUC fire
engine.

F. Consideration of a Resolution authorizing a grant application to the Monterey
Peninsula Foundation Youth Fund seeking supplemental funding for City-sponsored
community events.

G. Consideration of a Resolution entering into an agreement with Burghardt + Doré
Advertising, Inc. for Destination Marketing services in an amount not to exceed
$27,500 in fiscal year 2008/09.

H. Consideration of a Resolution adopting revisions to City Council Policy C95-07
related to the installation of banners on public property.

Items E and G. were pulled for consideration on a future agenda.

Mayor McCloud opened and closed public comment at 5:19 p.m.

Council Member ROSE moved adoption of the Consent Items A.-D., F. and H. of the Consent Agenda with the addition of wording on Item H. , seconded by Council Member TALMAGE and carried unanimously.

VIII. PUBLIC HEARINGS
None.

XI.A. Receive report and provide policy direction on the proposal to transform MST from a Joint Powers Agency to the Monterey-Salinas Transit District.
This item was heard out of order to accommodate the schedule of the presenter.
Hunter Harvath, Assistant General Manager of Monterey Salinas Transit (MST),
presented the report.

Mayor McCloud opened public comment at 5:25 p.m.

Barbara Livingston addressed Council.

Mayor McCloud closed public comment at 5:25 p.m.

Council Member ROSE moved the proposal be supported through a letter sent by Mayor to MST, seconded by Council Member HAZDOVAC and carried.

IX. ORDINANCES
A. Second reading 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.

Mayor McCloud opened and closed the meeting to public comment at 5:26 p.m.

Council Member TALMAGE moved adoption 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, 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

B. Second reading of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains.

Mayor McCloud opened and closed the meeting to public comment at 5:27 p.m.

Council Member ROSE moved adoption of an Ordinance 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

C. Second reading 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.

Mayor McCloud opened and closed the meeting to public comment at 5:28 p.m.

Council Member HAZDOVAC moved 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 ROSE 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 to revise the Municipal Code and Zoning
Ordinance/Local Coastal Implementation Plan to dissolve the Design Review Board
(First Reading).
City Administrator Guillen provided the history of the topic and answered Council questions. Sean Conroy said passage of this ordinance would amend the Local Coastal Plan and California Coastal Commission approval would also be necessary.

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

Monte Miller, Design Review Board members Michael LePage, Keith Paterson and Michael Lynch, Barbara Livingston, president of the Carmel Residents Association, and Steve Dallas addressed Council.

Mayor McCloud closed the meeting to public comment at 5:47 p.m.

Council opted to postpone the item pending additional information.

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%.
This item was continued at the request of Waste Management, Inc.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction on the proposal to transform MST from a Joint Powers Agency to the Monterey-Salinas Transit District.
This item was heard out of order, immediately following the Consent Agenda.

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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:00 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Check Register March 2009

March 2009 Check Register
(includes cks dated 2/24/09)

Check No-Check Date-Vendor Name-Net Amount-Expense Account-Account Name
117406 2/24/09 ADVANCED WASTE SOLUTIONS $ 2 87.27 01 64051 DOCUMENT DESTRUCTION SERVICES
117406 2/24/09 ADVANCED WASTE SOLUTIONS $ 7 9.90 01 67051 DOCUMENT DESTRUCTION SERVICES
----Vendor Total---- $ 3 67.17

117477 3/10/09 AFLAC $ 1 0.00 01 64017 MEDICAL PROGRAM
117477 3/10/09 AFLAC $ 5 .00 01 67017 MEDICAL PROGRAM
117477 3/10/09 AFLAC $ 5 .00 01 69017 MEDICAL PROGRAM
117477 3/10/09 AFLAC $ 1 0.00 01 72017 MEDICAL PROGRAM
117477 3/10/09 AFLAC $ 3 0.00 01 74017 MEDICAL PROGRAM
117477 3/10/09 AFLAC $ 1 0.00 01 76017 MEDICAL PROGRAM
117477 3/10/09 AFLAC $ 2 5.00 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 95.00

117435 3/3/09 AILING HOUSE PEST CONTROL $ 1 65.00 01 70053 CONTRACTUAL SERVICES
117478 3/10/09 AILING HOUSE PEST CONTROL $ 5 0.00 01 70053 CONTRACTUAL SERVICES
117585 3/24/09 AILING HOUSE PEST CONTROL $ 8 4.00 01 70053 CONTRACTUAL SERVICES
----Vendor Total---- $ 2 99.00

117537 3/17/09 AIR EXCHANGE, INC. $ 2 62.54 01 72049 EQUIPMENT MAINTENANCE

117407 2/24/09 ALHAMBRA $ 3 9.79 01 64053 CONTRACTUAL SERVICES
117538 3/17/09 ALHAMBRA $ 4 9.23 01 64053 CONTRACTUAL SERVICES
----Vendor Total---- $ 8 9.02

117408 2/24/09 ALWAYS UNDER PRESSURE $ 2 ,384.59 01 76050 OUTSIDE LABOR

117480 3/10/09 AMERICAN TRAINCO $ 9 80.00 01 64030 FACILITIES MAINT DEPT TRAVEL/TRAINING EXPENSES

117436 3/3/09 ANDA-BURGHARDT ADVRTISING $ 3 9,441.10 01 85200 REGIONAL DESTINATION MARKETING
117534 3/10/09 ANDA-BURGHARDT ADVRTISING $ 5 ,246.55 01 85200 REGIONAL DESTINATION MARKETING
117534 3/10/09 ANDA-BURGHARDT ADVRTISING $ 8 ,202.00 01 85301 ECON REVITALIZATON PROGRAMS
----Vendor Total---- $ 5 2,889.65

117539 3/17/09 ANDON LAUNDRY SERVICE $ 5 74.75 01 72053 CONTRACTUAL SERVICES

117429 2/24/09 AT&T/MCI $ 1 5.34 01 64036 TELEPHONE
117429 2/24/09 AT&T/MCI $ 1 69.36 01 72036 TELEPHONE
117429 2/24/09 AT&T/MCI $ 1 5.34 01 82036 TELEPHONE
117429 2/24/09 AT&T/MCI $ 1 5.52 60 81036 TELEPHONE
117437 3/3/09 AT&T $ 1 45.72 01 74036 TELEPHONE
117540 3/17/09 AT&T $ 5 1.24 01 74036 TELEPHONE
----Vendor Total---- $ 4 12.52

117438 3/3/09 AURUM CONS. ENG MTRY BAY $ 2 ,125.00 01 88478 FIRE DEPT GENERATOR PROJECT EXP

117439 3/3/09 BRINTON'S $ 1 7.36 01 78057 SAFETY EQUIPMENT

117440 3/3/09 BROADWAY LOCKSMITH $ 1 18.61 01 70050 OUTSIDE LABOR

117564 3/17/09 BRUCE J. MEYER $ 9 6.41 01 72054 TOOLS/EQUIPMENT/SUPPLIES

117409 2/24/09 CAL-AM WATER COMPANY $ 2 03.17 01 64026 UTILITIES
117409 2/24/09 CAL-AM WATER COMPANY $ 1 ,652.90 01 70026 UTILITIES
117409 2/24/09 CAL-AM WATER COMPANY $ 1 37.72 01 72026 UTILITIES
117409 2/24/09 CAL-AM WATER COMPANY $ 5 46.69 01 74026 UTILITIES
117409 2/24/09 CAL-AM WATER COMPANY $ 1 ,653.49 01 76026 UTILITIES
117409 2/24/09 CAL-AM WATER COMPANY $ 1 4.56 01 82026 UTILITIES
117409 2/24/09 CAL-AM WATER COMPANY $ 2 81.11 01 84026 UTILITIES
117409 2/24/09 CAL-AM WATER COMPANY $ 8 0.04 60 81026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 1 70.38 01 64026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 1 ,142.08 01 70026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 1 11.88 01 72026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 2 49.25 01 74026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 1 ,290.20 01 76026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 1 4.78 01 82026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 4 68.21 01 84026 UTILITIES
117586 3/24/09 CAL-AM WATER COMPANY $ 4 1.72 60 81026 UTILITIES
----Vendor Total---- $ 8 ,058.18

117441 3/3/09 CAL-LINE EQUIPMENT, INC. $ 4 25.97 01 78050 OUTSIDE LABOR

117591 3/24/09 CAMERON DAVI $ 5 95.00 01 33405 REIMBURSEMENT FOR PLANNING PERMITS

117443 3/3/09 CARMEL CHOP HOUSE $ 6 99.95 01 64030 CITY MANAGERS LUNCH

117442 3/3/09 CARMEL FIRE PROTCTN ASSOC $ 4 50.00 50 24050 FIRE INSPECTION PROF SVCS
117544 3/17/09 CARMEL FIRE PROTCTN ASSOC $ 9 89.00 01 69051 PLAN CHECK PROFESSIONAL SERVICES
117544 3/17/09 CARMEL FIRE PROTCTN ASSOC $ 2 75.00 50 24050 FIRE INSPECTION PROF SVCS
----Vendor Total---- $ 1 ,714.00

117410 2/24/09 CARMEL PINE CONE $ 1 12.46 01 69040 ADVERTISING
117542 3/17/09 CARMEL PINE CONE $ 7 66.36 01 64040 ADVERTISING
117587 3/24/09 CARMEL PINE CONE $ 1 74.93 01 67034 DOCUMENTS/PUBLICATIONS
117587 3/24/09 CARMEL PINE CONE $ 1 49.94 01 69040 ADVERTISING
----Vendor Total---- $ 1 ,203.69

117543 3/17/09 CARMEL RGN'L FIRE AMBULNC $ 1 00,000.00 01 72202 REGIONAL AMBULANCE SUBSIDY PARTIAL PAYMENT

117444 3/3/09 CARMEL VALLEY COFFEE ROASTING CO. $ 6 0.00 01 89639 REFRESHMENTS FOR FORESTRY WORKSHOP

117535 3/10/09 CAROL A. BUTLER $ 2 ,145.00 01 64051 DESTRUCTION OF DOCUMENTS PROJECT

117588 3/24/09 CARVER + SCHICKETANZ ARCH $ 5 22.46 01 89430 SCENIC BATHROOMS PROJECT DESIGN WORK

117411 2/24/09 CDW-G GOVERNMENT INC. $ 1 12.33 01 65049 EQUIPMENT MAINTENANCE
117481 3/10/09 CDW-G GOVERNMENT INC. $ 4 7.71 01 65045 MATERIALS/SUPPLIES
----Vendor Total---- $ 1 60.04

117482 3/10/09 CEMEX $ 1 14.67 01 76045 MATERIALS/SUPPLIES

117483 3/10/09 CERTIFION CORP $ 1 7.90 01 74050 OUTSIDE LABOR

117445 3/3/09 CHANNING BETE COMPANY INC $ 1 45.98 01 72034 DOCUMENTS/PUBLICATIONS

117412 2/24/09 CITY OF MONTEREY $ 8 75.00 01 72600 EMERGENCY RESPONSE TRAINING
117484 3/10/09 CITY OF MONTEREY $ 1 1,250.00 01 72053 FEB 2009 FIRE CHIEF/DUTY CHIEF SERVICES
117484 3/10/09 CITY OF MONTEREY $ 5 ,800.07 01 76049 CITY VEHICLE MAINTENANCE
----Vendor Total---- $ 1 7,925.07

117532 3/10/09 CLEVE WATERS IV $ 1 80.00 01 64030 FACILITIES MAINT DEPT TRAVEL/TRAINING EXPENSES
117582 3/17/09 CLEVE WATERS IV $ 7 .66 01 64030 FACILITIES MAINT DEPT TRAVEL/TRAINING EXPENSES
----Vendor Total---- $ 1 87.66

117413 2/24/09 COASTAL HEALTHCARE $ 4 7.50 01 60017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 7 0.90 01 64017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 1 9.00 01 65017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 1 38.00 01 67017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 4 7.50 01 69017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 1 9.00 01 70017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 2 48.00 01 72017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 2 54.00 01 74017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 2 29.00 01 76017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 2 8.50 01 78017 MEDICAL PROGRAM
117413 2/24/09 COASTAL HEALTHCARE $ 4 76.50 01 84017 MEDICAL PROGRAM
117485 3/10/09 COASTAL HEALTHCARE $ 1 ,036.60 01 64017 MEDICAL PROGRAM
117485 3/10/09 COASTAL HEALTHCARE $ 2 27.40 01 69017 MEDICAL PROGRAM
117485 3/10/09 COASTAL HEALTHCARE $ 5 19.00 01 72017 MEDICAL PROGRAM
117485 3/10/09 COASTAL HEALTHCARE $ 5 01.00 01 74017 MEDICAL PROGRAM
117485 3/10/09 COASTAL HEALTHCARE $ 1 95.00 01 76017 MEDICAL PROGRAM
117485 3/10/09 COASTAL HEALTHCARE $ 2 ,932.20 01 84017 MEDICAL PROGRAM
117545 3/17/09 COASTAL HEALTHCARE $ 1 37.00 01 69017 MEDICAL PROGRAM
117545 3/17/09 COASTAL HEALTHCARE $ 3 66.40 01 74017 MEDICAL PROGRAM
117545 3/17/09 COASTAL HEALTHCARE $ 1 00.00 01 76017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 4 7.50 01 60017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 1 40.40 01 64017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 1 9.00 01 65017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 3 8.00 01 67017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 1 84.50 01 69017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 1 59.00 01 70017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 1 ,560.50 01 72017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 1 ,392.00 01 74017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 7 6.00 01 76017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 2 8.50 01 78017 MEDICAL PROGRAM
117589 3/24/09 COASTAL HEALTHCARE $ 8 5.50 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 1 1,323.40

117546 3/17/09 COASTLINE BUSINESS FORMS $ 7 92.75 01 74039 PRINTING

117548 3/17/09 COMCAST $ 9 3.95 01 65053 CONTRACTUAL SERVICES
117590 3/24/09 COMCAST $ 9 3.95 01 65053 CONTRACTUAL SERVICES
----Vendor Total---- $ 1 87.90

117547 3/17/09 COMMUNITY HOSPITAL OF THE MTRY PENINSULA $ 8 0.00 01 74053 CONTRACTUAL SERVICES

117486 3/10/09 CONTE'S GENERATOR SERVICE $ 8 50.00 01 70050 OUTSIDE LABOR
117486 3/10/09 CONTE'S GENERATOR SERVICE $ 2 ,205.00 01 72053 CONTRACTUAL SERVICES
----Vendor Total---- $ 3,055.00

117447 3/3/09 COPIES BY-THE-SEA $ 8 5.21 01 78039 PRINTING
117487 3/10/09 COPIES BY-THE-SEA $ 1 69.00 01 64040 ADVERTISING
117487 3/10/09 COPIES BY-THE-SEA $ 1 53.66 01 69039 PRINTING
117487 3/10/09 COPIES BY-THE-SEA $ 1 45.69 01 72601 EOC SUPPLIES/SERVICE
----Vendor Total---- $ 553.56

117549 3/17/09 COPWARE INC. $ 5 84.34 01 74034 DOCUMENTS/PUBLICATIOINS

117488 3/10/09 CORBIN WILLITS SYSTEM $ 6 90.79 01 65053 CONTRACTUAL SERVICES

117489 3/10/09 COVERITALLCO $ 7 7.03 01 72031 CLOTHING

117550 3/17/09 CYPRESS COAST FORD L/M $ 4 07.01 01 76049 EQUIPMENT MAINTENANCE

117551 3/17/09 DAVE'S REPAIR SERVICE $ 8 0.00 01 76050 OUTSIDE LABOR

117479 3/10/09 DAWN N. ALMARIO-CASTRO $ 5 3.86 01 74095 OPERATIONAL SERVICES/SUPPLIES

117495 3/10/09 DEBBIE HIDALGO $ 1 58.41 01 74054 EQUIPMENT/SUPPLIES

117490 3/10/09 DENCO SALES $ 4 51.25 01 76045 MATERIALS/SUPPLIES

117414 2/24/09 DENISE DUFFY & ASSOCIATES $ 1 4,353.00 01 69051 FLANDERS PROPERTY EIR CONSULTING

117551 3/17/09 DEPARTMENT OF JUSTICE $ 6 4.00 01 67110 PRE-EMPLOYMENT
117552 3/17/09 DEPARTMENT OF JUSTICE $ 6 40.00 50 24050 DEPT OF JUSTICE LIVESCAN FEE
----Vendor Total---- $ 704.00

117491 3/10/09 DLB ASSOCIATES INC. $ 2 ,400.00 01 74053 POLICE DEPT ANNUAL HARDWARE/SOFTWARE FEE

117553 3/17/09 DOCUTEC $ 9 5.00 01 65042 OFFICE MACHINE SUPPLIES

117513 3/10/09 DONALD H. OGDEN $ 4 50.00 50 24050 REFUND OF HISTORIC SURVEY

117554 3/17/09 DROUGHT RESISTANT NURSERY $ 5 35.71 01 78045 MATERIAL/SUPPLIES

117415 2/24/09 ELECTRICAL DIST. COMPANY $ 1 00.11 01 70045 MATERIAL/SUPPLIES
117448 3/3/09 ELECTRICAL DIST. COMPANY $ 1 35.97 01 70045 MATERIAL/SUPPLIES
----Vendor Total---- $ 236.08

117492 3/10/09 EMBASSY SUITES-SAN FRANCISCO AIRPORT $ 3 24.72 01 64030 POLICE DEPT TRAVEL/TRAINING EXPENSES

117416 2/24/09 EMPLOYMENT DEVELOPMENT $ 6 ,300.00 01 74022 UNEMPLOYMENT

117493 3/10/09 FASULO INVESTIGATIONS $ 1 ,389.62 01 67110 PRE-EMPLOYMENT EXP FOR FIRE DEPT

117449 3/3/09 FEDEX $ 9 .70 01 64038 POSTAGE
117449 3/3/09 FEDEX $ 6 1.10 01 69043 OFFICE SUPPLIES
117449 3/3/09 FEDEX $ 2 1.66 01 88405 DEL MAR/N. DUNES MASTER PLAN
----Vendor Total---- $ 92.46

117450 3/3/09 FERGUSON ENTERPRISES,INC.#679 $ 7 6.83 01 70045 MATERIAL/SUPPLIES
117555 3/17/09 FERGUSON ENTERPRISES,INC.#679 $ 2 6.83 01 76045 MATERIALS/SUPPLIES
117593 3/24/09 FERGUSON ENTERPRISES,INC.#679 $ 3 63.08 01 70045 MATERIAL/SUPPLIES
----Vendor Total---- $ 466.74

117417 2/24/09 FIRST ALARM-MONTEREY CO. $ 1 86.84 01 64053 CONTRACTUAL SERVICES

117418 2/24/09 GALLI UNIFORM COMPANY $ 6 38.35 01 72033 DUES/MEMBERSHIPS

117469 3/3/09 GIANNA ROCHA $ 8 3.25 01 69051 PROFESSIONAL SERVICES

117451 3/3/09 GOV'T FINANCE OFFICERS $ 1 60.00 01 67033 ANNUAL MBRSHIP DUES FOR ADMIN SVCS DIRECTOR

117419 2/24/09 GRANICUS, INC. $ 5 21.90 01 65053 CONTRACTUAL SERVICES
117594 3/24/09 GRANICUS, INC. $ 5 21.90 01 65053 CONTRACTUAL SERVICES
----Vendor Total---- $ 1,043.80

117452 3/3/09 GREEN AUTO CLEAN $ 3 2.12 01 72047 AUTOMOTIVE PARTS
117452 3/3/09 GREEN AUTO CLEAN $ 7 00.00 01 72050 OUTSIDE LABOR
----Vendor Total---- $ 732.12

117453 3/3/09 GREEN VALLEY LANDSCAPE INC. $ 1 09,121.42 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT PROGRESS PAYMENT
117556 3/17/09 GREEN VALLEY LANDSCAPE INC. $ 3 2,010.16 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT PROGRESS PAYMENT
----Vendor Total---- $ 141,131.58

117455 3/3/09 HALL LANDSCAPE DESIGN $ 4 ,129.19 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT DESIGN WORK

117595 3/24/09 HAYWARD LUMBER $ 1 02.84 01 70045 MATERIAL/SUPPLIES

117557 3/17/09 HIGHWAY TECHNOLOGIES $ 8 47.28 01 76045 MATERIALS/SUPPLIES

117456 3/3/09 HINDERLITER, DE LLAMAS $ 9 75.00 01 67053 CONTRACTUAL SERVICES

117497 3/10/09 HOME DEPOT/GECF $ 7 8.94 01 70045 MATERIAL/SUPPLIES

117420 2/24/09 IKON OFFICE SOLUTIONS $ 2 4.76 01 72053 CONTRACTUAL SERVICES
117498 3/10/09 IKON OFFICE SOLUTIONS $ 2 57.18 01 64053 CONTRACTUAL SERVICES
117558 3/17/09 IKON OFFICE SOLUTIONS $ 2 8.95 01 72053 CONTRACTUAL SERVICES
----Vendor Total---- $ 310.89

117457 3/3/09 IVERSON TREE SERVICE $ 2 ,350.00 01 78050 OUTSIDE LABOR

117576 3/17/09 JAN ROEHL $ 2 ,643.75 01 64051 GRANT WRITING PROFESSIONAL SERVICES

117421 2/24/09 JOHN LEY'S TREE SERVICE $ 3 ,800.00 01 78050 OUTSIDE LABOR
117421 2/24/09 JOHN LEY'S TREE SERVICE $ 3 47.50 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT EXPENSES
117500 3/10/09 JOHN LEY'S TREE SERVICE $ 4 ,610.00 01 78050 OUTSIDE LABOR
----Vendor Total---- $ 8,757.50

117434 3/3/09 JOSEPH ADDIEGO JR. $ 1 ,011.25 50 24050 REFUND OF VOLUME STUDY

117471 3/3/09 KAREN SHARP $ 8 5.00 01 64030 REIMBURSE FOR TRI-COUNTY ECONOMIC CONFERENCE

117494 3/10/09 KATHRYN GUALTIERI $ 5 50.00 50 24050 HISTORIC SURVEY

117559 3/17/09 KIDS BY THE SEA LLC $ 2 20.00 01 33405 REIMBURSEMENT FOR PLANNING PERMITS

117501 3/10/09 KNAPP MILL & CABINET CO. $ 1 16.94 01 70045 MATERIAL/SUPPLIES
117501 3/10/09 KNAPP MILL & CABINET CO. $ 1 38.55 01 76045 MATERIALS/SUPPLIES
117501 3/10/09 KNAPP MILL & CABINET CO. $ 4 7.65 01 76054 TOOLS/EQUIPMENT
----Vendor Total---- $ 303.14

117502 3/10/09 KUSTOM KOMMUNICATION $ 1 27.73 01 74037 RADIO EXPENSE

117459 3/3/09 L.N. CURTIS & SONS $ 2 26.69 01 72604 HYDRANT MAINTENANCE
117505 3/10/09 L.N. CURTIS & SONS $ 2 ,771.57 50 24050 FIRE EQUIPMENT AND SUPPLIES
117562 3/17/09 L.N. CURTIS & SONS $ 5 16.22 50 24050 FIRE EQUIPMENT AND SUPPLIES
----Vendor Total---- $ 3,514.48

117503 3/10/09 LARRY MENKE INC $ 6 82.76 01 76049 EQUIPMENT MAINTENANCE

117592 3/24/09 LESLIE FENTON $ 1 1.00 01 69055 REIMBURSEMENT FOR MEETING EXPENSES

117560 3/17/09 LEXIS LAW PUBLISHING $ 3 88.08 01 74034 DOCUMENTS/PUBLICATIOINS

117561 3/17/09 LIEBERT CASSIDY WHITMORE $ 6 ,072.56 01 61051 LEGAL PROFESSIONAL SERVICES

117516 3/10/09 LISA PANETTA $ 4 2.85 01 74095 OPERATIONAL SERVICES/SUPPLIES

117504 3/10/09 LIU OF NA $ 1 ,422.72 01 21285 RETIREMENT
117504 3/10/09 LIU OF NA $ 1 87.20 01 65016 RETIREMENT
117504 3/10/09 LIU OF NA $ 1 87.20 01 67016 RETIREMENT
117504 3/10/09 LIU OF NA $ 7 48.80 01 69016 RETIREMENT
117504 3/10/09 LIU OF NA $ 1 87.20 01 70016 RETIREMENT
117504 3/10/09 LIU OF NA $ 1 ,497.60 01 76016 RETIREMENT
117504 3/10/09 LIU OF NA $ 3 74.40 01 78016 RETIREMENT
117504 3/10/09 LIU OF NA $ 1 ,048.86 01 84016 RETIREMENT
----Vendor Total---- $ 5,653.98

117460 3/3/09 M.J.MURPHY $ 5 5.34 01 78045 MATERIAL/SUPPLIES
117460 3/3/09 M.J.MURPHY $ 1 98.68 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT EXPENSES
----Vendor Total---- $ 254.02

117519 3/10/09 MARGI PEROTTI $ 4 2.90 50 24050 REIMBURSEMENT FOR PARK BENCHES EXPENSES

117506 3/10/09 MARIOMAC, INC $ 4 87.13 01 78045 MATERIAL/SUPPLIES

117507 3/10/09 MCSHANE'S NURSERY & LANDS $ 2 60.55 01 78045 MATERIAL/SUPPLIES
117563 3/17/09 MCSHANE'S NURSERY & LANDS $ 5 21.10 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 781.65

117510 3/10/09 MELVIN MUKAI $ 1 50.00 01 64030 POLICE DEPT TRAVEL/TRAINING EXPENSES

117541 3/17/09 MICHAEL B. CALHOUN $ 1 50.00 01 64030 POLICE DEPT TRAVEL/TRAINING EXPENSES

117565 3/17/09 MISSION UNIFORM SERVICE $ 3 12.64 01 76031 CLOTHING EXPENSE
117565 3/17/09 MISSION UNIFORM SERVICE $ 2 41.17 01 76053 CONTRACTUAL SERVICES
117565 3/17/09 MISSION UNIFORM SERVICE $ 8 8.24 01 78031 CLOTHING EXPENSE
----Vendor Total---- $ 642.05

117509 3/10/09 MONTEREY BAY PLANNING SERVICES $ 4 ,723.75 01 69051 PLAZA DEL MAR & FLANDERS MANSION PLANNING PROF SVCS

117569 3/17/09 MONTEREY BAY UNIFIED AIR $ 9 13.00 01 76032 PERMITS, LICENSES & FEES
117569 3/17/09 MONTEREY BAY UNIFIED AIR $ 6 36.00 01 76049 EQUIPMENT MAINTENANCE
----Vendor Total---- $ 1,549.00

117422 2/24/09 MONTEREY BAY URGENT CARE $ 3 46.68 01 67110 PRE-EMPLOYMENT

117424 2/24/09 MONTEREY CO MAYOR'S ASSOC $ 1 ,100.00 01 60033 ANNUAL MBRSHIP DUES

117567 3/17/09 MONTEREY COUNTY BUSINESS $ 3 39.56 01 74053 CONTRACTUAL SERVICES

117596 3/24/09 MONTEREY COUNTY RECORDER $ 3 8.00 01 64032 PERMITS,LICENSES & FEES

117461 3/3/09 MONTEREY FIRE EXT. CO. $ 4 50.05 01 72049 EQUIPMENT MAINTENANCE
117566 3/17/09 MONTEREY FIRE EXT. CO. $ 5 47.43 01 72049 EQUIPMENT MAINTENANCE
----Vendor Total---- $ 997.48

117463 3/3/09 MONTEREY INSTITUTE OF INT'L STUDIES $ 5 ,000.00 01 64051 BUSINESS DISTRICT ECONOMIC REVITALIZATION PROJ

117462 3/3/09 MONTRY BAY TELEPHONE SERV $ 3 00.00 01 65049 EQUIPMENT MAINTENANCE

117508 3/10/09 MTY COUNTY TELECOMM $ 1 98.00 01 74053 CONTRACTUAL SERVICES
117568 3/17/09 MTY COUNTY TELECOMM $ 6 6.00 01 74053 CONTRACTUAL SERVICES
----Vendor Total---- $ 264.00

117423 2/24/09 MTY REG WASTE MNGT DIST $ 4 0.00 01 70050 OUTSIDE LABOR

117597 3/24/09 NEILL ENGINEERS CORP. $ 1 ,358.50 50 24050 ENGINEERING SERVICES

117464 3/3/09 NEW IMAGE LANDSCAPE CO. $ 2 ,937.50 01 76053 CONTRACTUAL SERVICES
117570 3/17/09 NEW IMAGE LANDSCAPE CO. $ 2 ,937.50 01 76053 CONTRACTUAL SERVICES
----Vendor Total---- $ 5,875.00

117511 3/10/09 NIELSEN BROS. MARKET,INC. $ 2 0.00 50 24050 SENIORS HELPING SENIORS PROGRAM EXPENSES
117571 3/17/09 NIELSEN BROS. MARKET,INC. $ 6 0.00 50 24050 SENIORS HELPING SENIORS PROGRAM EXPENSES
----Vendor Total---- $ 80.00

117425 2/24/09 OCCU-MED LTD. $ 5 0.00 01 67110 PRE-EMPLOYMENT

117426 2/24/09 OFFICE DEPOT, INC. $ 9 6.51 01 65049 EQUIPMENT MAINTENANCE
117465 3/3/09 OFFICE DEPOT, INC. $ 4 1.56 01 72042 OFFICE MACHINE SUPPLIES
117512 3/10/09 OFFICE DEPOT, INC. $ 1 2.44 01 69043 OFFICE SUPPLIES
117512 3/10/09 OFFICE DEPOT, INC. $ 1 50.13 01 74043 OFFICE SUPPLIES
117572 3/17/09 OFFICE DEPOT, INC. $ 1 11.58 01 64043 OFFICE SUPPLIES
117572 3/17/09 OFFICE DEPOT, INC. $ 1 75.03 01 65042 OFFICE MACHINE SUPPLIES
----Vendor Total---- $ 587.25

117514 3/10/09 ORCHARD SUPPLY $ 5 28.51 01 76045 MATERIALS/SUPPLIES
117514 3/10/09 ORCHARD SUPPLY $ 1 5.99 01 76054 TOOLS/EQUIPMENT
----Vendor Total---- $ 544.50

117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 6 20.63 01 64026 UTILITIES
117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 1 ,135.00 01 72026 UTILITIES
117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 2 ,487.02 01 74026 UTILITIES
117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 1 ,875.91 01 76026 UTILITIES
117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 1 ,326.05 01 82026 UTILITIES
117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 2 ,773.23 01 84026 UTILITIES
117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 4 7.93 10 70026 UTILITIES
117466 3/3/09 PACIFIC GAS & ELECTRIC CO $ 2 86.53 60 81026 UTILITIES
----Vendor Total---- $ 10,552.30

117515 3/10/09 PAK MAIL CARMEL 642 $ 1 6.47 01 65049 EQUIPMENT MAINTENANCE

117467 3/3/09 PAPA $ 8 0.00 01 64030 TRAINING/PERSONAL EXP.

117579 3/17/09 PAUL TOMASI $ 9 0.82 01 74054 EQUIPMENT/SUPPLIES
117579 3/17/09 PAUL TOMASI $ 1 0.25 01 74095 OPERATIONAL SERVICES/SUPPLIES
----Vendor Total---- $ 101.07

117517 3/10/09 PENINSULA MESSENGER SERVICE $ 4 ,500.00 01 64204 MAIL SERVICE CONTRACT

117518 3/10/09 PENINSULA POLYGRAPH SERVICE $ 2 00.00 01 67110 PRE-EMPLOYMENT

117468 3/3/09 PERRY & FREEMAN LAW OFFCE $ 2 ,050.00 01 61051 LEGAL PROFESSIONAL SERVICES

117573 3/17/09 PETTY CASH $ 9 .65 01 72057 SAFETY EQUIPMENT
117520 3/10/09 PETTY CASH - RECREATION $ 8 9.06 50 24050 COMMUNITY SPECIAL EVENTS
117598 3/24/09 PETTY CASH-ADMINISTRATION $ 1 8.74 01 60073 OFFICIAL PUBLIC MEETINGS
117598 3/24/09 PETTY CASH-ADMINISTRATION $ 1 5.86 01 60095 OPERATIONAL SUPPLIES/SERVICES
117598 3/24/09 PETTY CASH-ADMINISTRATION $ 6 1.99 01 60207 COUNCIL DISCRETIONARY
117598 3/24/09 PETTY CASH-ADMINISTRATION $ 4 0.00 01 64030 TRAINING/PERSONAL EXP.
117598 3/24/09 PETTY CASH-ADMINISTRATION $ 5 .32 01 67033 DUES/MEMBERSHIPS
117598 3/24/09 PETTY CASH-ADMINISTRATION $ 4 .86 01 67043 OFFICE SUPPLIES
----Vendor Total---- $ 245.48

117599 3/24/09 PITNEY BOWES $ 6 70.11 01 88818 POSTAGE METER QTRLY LEASE PAYMENT

117521 3/10/09 PIVOT INTERIORS, INC. $ 3 51.31 01 67170 ERGONOMIC STUDIES/MODIFICATION

117522 3/10/09 PROFESSIONAL PROP MAINT $ 6 ,842.52 01 70053 CONTRACTUAL SERVICES

117523 3/10/09 PROPERTY SERV/MAINTENANCE $ 2 7.89 01 76045 MATERIALS/SUPPLIES
117523 3/10/09 PROPERTY SERV/MAINTENANCE $ 1 ,040.00 01 76053 CONTRACTUAL SERVICES
----Vendor Total---- $ 1,067.89

117574 3/17/09 PRUNEYARD PLAZA HOTEL $ 3 63.24 01 64030 FACILITIES MAINT DEPT TRAVEL/TRAINING EXPENSES

117427 2/24/09 PUBLIC SAFETY CENTER INC. $ 2 81.24 50 24050 FIRE DEPT EQUIPMENT AND SUPPLIES

117575 3/17/09 RANA CREEK HABITAT RESTOR $ 4 2.90 01 78045 MATERIAL/SUPPLIES

117600 3/24/09 RANCHO CAR WASH $ 5 2.84 01 74050 OUTSIDE LABOR

117524 3/10/09 RBF CONSULTING $ 3 ,462.85 01 88401 GENERAL PLAN PROJECT EXPENSES
117524 3/10/09 RBF CONSULTING $ 9 21.81 01 88405 DEL MAR/N. DUNES MASTER PLAN PROJECT EXPENSES
117524 3/10/09 RBF CONSULTING $ 3 ,032.00 01 88406 GENERAL PLAN HOUSING ELEMENT PROJECT EXPENSES
----Vendor Total---- $ 7,416.66

117454 3/3/09 RICH GUILLEN $ 4 6.99 01 64030 REIMBURSEMENT FOR TRAVEL/TRAINING EXPENSES

117499 3/10/09 ROBERT S. JAQUES $ 1 ,975.00 01 76055 STORM WATER RUNOFF PROGRAM EXPENSES

117525 3/10/09 ROTO-ROOTER $ 1 35.00 01 70050 OUTSIDE LABOR

117428 2/24/09 SAFEWAY $ 1 08.04 01 67428 EMPLOYEE RECOGNITION
117470 3/3/09 SAFEWAY $ 3 48.71 01 89639 FOREST STUDY IMPLEMENTATION
117601 3/24/09 SAFEWAY $ 3 3.08 01 67428 EMPLOYEE RECOGNITION
117601 3/24/09 SAFEWAY $ 1 6.06 01 72095 OPERATIONAL SERVICES/SUPPLIES
----Vendor Total---- $ 505.89

117577 3/17/09 SAN JOSE STATE UNIVERSITY $ 2 55.00 01 64030 POLICE DEPT TRAVEL/TRAINING EXPENSES

117446 3/3/09 SEAN CONROY $ 8 8.28 01 64030 REIMBURSEMENT FOR TRAVEL/TRAINING EXPENSES

117526 3/10/09 SENTRY ALARM SYSTEMS $ 2 92.36 01 72050 OUTSIDE LABOR

117527 3/10/09 SONETICS CORPORATION (FIRECOM) $ 1 45.72 01 72601 EOC SUPPLIES/SERVICE

117528 3/10/09 STAPLES CREDIT PLAN $ 7 5.05 01 67043 OFFICE SUPPLIES

117496 3/10/09 STEPHEN HINTON, CSS $ 3 ,425.00 01 74054 CAMERA SYSTEM FOR POLICE DEPT & BOOKING ROOM

117602 3/24/09 SUNSET CULTURAL CTR. INC. $ 4 ,999.00 01 70050 REPLACEMENT OF THREE HEATING UNITS

117578 3/17/09 THE DUPLICATION CONNECTION $ 1 28.70 01 61051 PROFESSIONAL SERVICES
117578 3/17/09 THE DUPLICATION CONNECTION $ 3 00.00 01 82950 FINE ART MAINT/PRESERVATION
----Vendor Total---- $ 428.70

117458 3/3/09 THE KNOX COMPANY $ 8 47.28 50 24050 FIRE EQUIPMENT & SUPPLIES

117472 3/3/09 TONY'S FRAME SHOP $ 6 9.72 01 64095 OPERATIONAL SERVICE/SUPPLIES

117529 3/10/09 TOPE'S TREE SERVICE $ 8 50.00 01 78050 OUTSIDE LABOR

117603 3/24/09 TOTAL FILTRTN SPECIALISTS, INC. $ 5 44.14 01 70045 MATERIAL/SUPPLIES

117530 3/10/09 TRIAXIAL DATA SYSTEMS $ 3 77.10 01 69051 PROFESSIONAL SERVICES

117473 3/3/09 TRISTAR RISK MANAGEMENT $ 2 1.00 01 64019 WORKERS COMPENSATION INSURANCE
117473 3/3/09 TRISTAR RISK MANAGEMENT $ 8 4.00 01 70019 WORKERS COMPENSATION INSURANCE
117473 3/3/09 TRISTAR RISK MANAGEMENT $ 2 10.00 01 72019 WORKERS COMPENSATION INSURANCE
117473 3/3/09 TRISTAR RISK MANAGEMENT $ 1 ,554.00 01 74019 WORKERS COMPENSATION INSURANCE
117473 3/3/09 TRISTAR RISK MANAGEMENT $ 1 47.00 01 76019 WORKERS COMPENSATION INSURANCE
117473 3/3/09 TRISTAR RISK MANAGEMENT $ 8 4.00 01 84019 WORKERS COMPENSATION INSURANCE
----Vendor Total---- $ 2,100.00

117430 2/24/09 TRUE FIRE PROTECTION INC. $ 5 20.00 01 89777 PARK BRNCH MIST FIRE PROTECTION SYST PROJECT

117531 3/10/09 UNION BANK OF CALIFORNIA $ 181,473.46 01 91810 SUNSET CTR BOND DEBT INTEREST PAYMENT

117474 3/3/09 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 4 88.75 50 24050 VOLUME STUDIES

117580 3/17/09 VERIZON WIRELESS $ 3 5.44 01 60036 TELEPHONE
117580 3/17/09 VERIZON WIRELESS $ 5 5.06 01 64036 TELEPHONE
117580 3/17/09 VERIZON WIRELESS $ 4 5.00 01 65036 TELEPHONE
----Vendor Total---- $ 135.50

117581 3/17/09 WASSON'S CLEANING SVCS. $ 1 ,384.85 01 74053 CONTRACTUAL SERVICES

117431 2/24/09 WELLS FARGO $ 4 00.33 01 65042 OFFICE MACHINE SUPPLIES
117431 2/24/09 WELLS FARGO $ 1 98.74 01 65049 EQUIPMENT MAINTENANCE
117432 2/24/09 WELLS FARGO $ 1 50.00 01 64030 TRAINING/PERSONAL EXP.
117432 2/24/09 WELLS FARGO $ 5 7.48 01 69034 DOCUMENTS/PUBLICATIONS
117433 2/24/09 WELLS FARGO $ 5 7.99 50 24050 COMMUNITY SPECIAL EVENTS
117475 3/3/09 WELLS FARGO $ 2 00.00 01 78034 DOCUMENTS/PUBLICATIONS
117475 3/3/09 WELLS FARGO $ 1 66.09 01 78045 MATERIAL/SUPPLIES
117475 3/3/09 WELLS FARGO $ 1 9.29 01 78057 SAFETY EQUIPMENT
117475 3/3/09 WELLS FARGO $ 4 2.89 01 78095 OPERATIONAL SERVICES/SUPPLIES
117583 3/17/09 WELLS FARGO $ 4 3.22 01 78095 OPERATIONAL SERVICES/SUPPLIES
117584 3/17/09 WELLS FARGO $ 1 09.16 01 67043 OFFICE SUPPLIES
117604 3/24/09 WELLS FARGO $ 5 3.82 01 65049 EQUIPMENT MAINTENANCE
117604 3/24/09 WELLS FARGO $ 1 26.95 01 65053 CONTRACTUAL SERVICES
117605 3/24/09 WELLS FARGO $ 1 21.68 01 70031 CLOTHING EXPENSE
----Vendor Total---- $ 1,747.64

117476 3/3/09 WEST COAST ARBORISTS INC $ 1 4,498.50 01 78050 OUTSIDE LABOR

117533 3/10/09 WEST COAST POLICE & FIRE $ 2 ,678.88 01 88531 POLICE DEPT NEW PATROL VEHICLE EQUIP OUTFITTING

197 Checks Total: $703,987.29

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

Meeting Date: March 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 March 2009 by the following roll call vote:

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

SIGNED:

______________________
SUE McCLOUD, MAYOR

ATTEST:

_____________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Entering into Lease Purchase Agreement to Finance Saber PUC Pumper Fire Engine

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

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into a lease purchase agreement with California First National Bank to finance the $436,968 purchase of a Saber PUC Pumper fire engine.

Description: On August 5, 2008, the City Council approved Resolution 2008-54 for a contract with Pierce Manufacturing to design and manufacture a Saber PUC Pumper fire engine in the amount of $427,645. Four months later, on December 2, 2008, the City Council approved change orders totaling $9,323 for the new fire engine. The change orders brought the total cost of the new fire engine to $436,968.

The new fire engine is expected to be completed later this month, with payment due to Pierce Manufacturing beginning in April. To finance the cost of the new fire engine, quotes for tax-exempt lease purchase financing were obtained from five companies. Of those responding firms, California First National Bank (CalFirst), a wholly owned subsidiary of California First National Bancorp, submitted the most cost-effective quote. Based on the proposal submitted by CalFirst, the City must make seven annual payments of $71,862.90, beginning on July 15, 2009. Total payments over the life of the lease will be $503,040.30. At the end of the lease term, the equipment may be purchased for $1.00.

City Attorney Don Freeman has reviewed this lease purchase agreement.

Staff Recommendation: Approve entering into a lease purchase agreement with California First National Bank to finance the purchase of a Saber PUC Pumper fire engine.

Important Considerations: The Triennial Budget for FY 2008/09 through 2010/11, adopted by City Council last year, includes lease payments for the new fire engine in the amount of $78,000 starting in FY 2009/10.

Decision Record: Resolution 2008-54 (August 5, 2008), approving a $427,645 contract with Pierce Manufacturing for a Saber PUC Pumper fire engine; Resolution 2008-84 (December 2, 2008) approving change orders for the new fire engine in the amount of $9,323.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date


CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2009–
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO A LEASE PURCHASE AGREEMENT WITH CALIFORNIA FIRST NATIONAL BANK TO FINANCE THE $436,968 PURCHASE OF A SABER PUC PUMPER FIRE ENGINE

WHEREAS, on August 5, 2008, the City Council approved a contract with Pierce Manufacturing in the amount of $427,645 to design and manufacture a Saber PUC Pumper fire engine; and

WHEREAS, change orders for the new fire engine totaling $9,323 were approved by the City Council on December 2, 2008, bringing the total cost to $436,968; and

WHEREAS, City staff compared quotes from five leasing companies for the best source of tax-exempt lease purchase financing; and

WHEREAS, the best source is California First National Bank, through its Government and Education Group Division.

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

1. Approve entering into a lease purchase agreement with California First National Bank to finance the $436,968 purchase of a Saber PUC Pumper fire engine.

2. Designate City Administrator Rich Guillen as the authorized signer of the lease purchase agreement with California First National Bank.

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

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

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_______________________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Authorizing Grant Application to Monterey Peninsula Foundation Youth Fund

Meeting Date: March 3, 2009
Prepared by: Cindi Lopez-Frincke

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing a grant application to the Monterey Peninsula Foundation Youth Fund seeking supplemental funding for City-sponsored community events.

Description: The Monterey Peninsula Foundation Youth Fund has grants available for youth and family-oriented community functions. Staff has identified four community events fitting this profile: the 4th of July Celebration; Great Sand Castle Contest; City’s Annual Birthday Party and Parade; and the Holiday Tree Lighting.

Overall Cost:

City Funds: The grant will supplement the annual Community Services budget for events.
Grant Funds: $10,000 requested

Staff Recommendation: Authorize the grant application to the Monterey Peninsula Foundation Youth Fund for community events.

Important Considerations: Special events are a vital part of Carmel-by-the-Sea. Additional funding will give staff the opportunity to improve the quality of the events, which, in turn, will improve the experience for attendees.

Decision Record: The City has applied for and received Monterey Peninsula Foundation Youth Fund grants for several years. Most recent: Resolution 2007-9 (Feb. 6, 2007); the City received a $5,000 grant from the Monterey Peninsula Youth Fund to support community events.

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 SUBMITTAL OF A GRANT REQUEST TO THE MONTEREY PENINSULA FOUNDATION YOUTH FUND TO SUPPORT COMMUNITY EVENTS
__________________________________________________________________
WHEREAS, the Monterey Peninsula Foundation Youth Fund is making available grants for youth and family-oriented, community functions; an

WHEREAS, local public agencies, such as the City of Carmel-by-the-Sea, may apply for the grants; and

WHEREAS, staff has identified four community events that fit this profile; and

WHEREAS, City Policy C99-04, as amended, requires City Council approval for filing grant applications.

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

1. Authorize a grant application to the Monterey Peninsula Foundation Youth Fund for supplemental funding for community events.

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

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

SIGNED,

___________________________
SUE McCLOUD, MAYOR

ATTEST:

________________________________
Heidi Burch, City Clerk

Attachment “A”
Carmel-by-the-Sea’s Annual Community Events

Project Description
The City of Carmel-by-the-Sea sponsors several community events throughout the year for Monterey Peninsula families and visitors. They are free of charge and provide people of all ages with a sense of community and history, quality entertainment and fellowship. City staff organizes each of these events with direct costs paid by the City’s General Fund and other fees.

The City requests partial support from the Monterey Peninsula Foundation for the following events:
1. The 8th Annual 4th of July Celebration in Devendorf Park, which features a concert, food and games. This is a special day for children and families.

2. The 47th Annual Great Sandcastle Contest held each September or October on Carmel Beach. This annual contest, co-sponsored with the Monterey Chapter of the American Institute of Architects, places a special emphasis on America’s young architects. This family event brings hundreds of people to Carmel Beach to build and view the special-themed sandcastles.

3. The 93rd City Birthday Party and Halloween Parade, which honors the spirit and history of Carmel-by-the-Sea. A hot dog lunch and entertainment are offered.

4. The Holiday Tree Lighting Ceremony, which celebrates the season with a tree lighting and entertainment on Ocean Avenue and in Devendorf Park.

It is anticipated that thousands of Monterey Peninsula residents and visitors will attend these events. Grant funds provided by the Monterey Peninsula Foundation Youth Fund would help defray the costs of supplies and materials necessary to promote and present the abovementioned events. A brief budget is attached.

Attachment “B”
Carmel-by-the-Sea’s Annual Community Events

Project Budget
Staff from several City departments spends many hours to ensure that from preparation through event conclusion, the public has an enjoyable and, most of all, safe time at events run by the City of Carmel-by-the-Sea. The Community Activities staff works in tandem with the Police, Fire and Public Works departments to make sure our events are well managed and professional on all fronts.

The staff and indirect costs for the Community Events far outweigh the direct costs for printing, advertising, decorations, awards, etc. We are asking the Youth Fund to help us defray direct costs.

Community Event Activities Total Direct Costs Youth Fund Request
Independence Day Celebration $2,500 $2,000
Great Sandcastle Contest $1,275 $1,000
City Birthday Party & Parade $5,000 $4,250
Holiday Tree Lighting $3,000 $2,750
TOTAL $11,775 $10,000

CITY COUNCIL: Resolution Entering into Agreement with Burghardt + Doré Advertising, Inc.

Meeting Date: March 3, 2009
Prepared by: Joyce Giuffre,
Admin Svcs Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed $27,500 in fiscal year 2008/09.

Description: The City has had a contract with Anda/Burghardt Advertising to provide destination marketing services. Recently, this firm closed and its president, Jeff Burghardt, is president of a new marketing firm, Burghardt + Doré Advertising, Inc. Jeff Burghardt developed the City’s destination marketing plan. The City can continue its FY 2008/09 marketing plan by contracting with his new business, Burghardt + Doré. Exhibit “A” outlines the services to be provided by this firm through the end of the 2008/09 fiscal year.

Overall Cost: City Funds: $27,500, to be funded from General Fund account 01-85200.
Grant Funds: N/A

Staff Recommendation: Staff recommends that the Council approve entering into an agreement with Burghardt + Doré Advertising, Inc. to provide destination marketing services as outlined in Exhibit “A”.

Important Considerations:
1. Jeff Burghardt developed the marketing plan for the City when it was contracted with Anda/Burghardt.

2. Funds were approved in the Fiscal Year 2008/2009 Annual Budget up to $142,750. So far this fiscal year, $101,250 has been spent on marketing programs, with an additional $14,000 set aside to mail for the “Guide to Carmel”. This leaves a balance of approximately $27,500 for marketing services through June 30, 2009.

Decision Record: Resolution 2008-43, dated July 1, 2008, approving the FY 2008/09 destination marketing contract with Anda/Burghardt.

Reviewed:


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 ENTERING INTO AN AGREEMENT WITH BURGHARDT+DORÉ ADVERTISING, INC. FOR DESTINATION MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $27,500 IN FISCAL YEAR 2008/2009

WHEREAS, the City Council has approved funding for destination marketing services for Fiscal Year 2008/2009; and

WHEREAS, the City’s recent destination marketing contract with Anda-Burghardt ended when the marketing firm closed its business; and

WHEREAS, to continue its fiscal year 2008/09 marketing plans, the City desires to contract with Burghardt + Doré Advertising, Inc. effective March 1, 2009, for services as outlined in Exhibit “A”;

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

1. Authorize the execution of the Burghardt + Doré Advertising, Inc. agreement in an amount not to exceed $27,500 for destination marketing.

2. Authorize payment from the General Fund account 01-85200 for the professional services rendered.

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

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

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

______________________
Heidi Burch, City Clerk

AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 1st day of March
2009, by and between the CITY OF CARMEL-BY-THE-SEA, herein
referred to as the "CITY") and Burghardt + Dore, Jeff Burghardt, President hereinafter referred to as "CONSULTANT".

W I T N E S S E T H

WHEREAS, the CITY has prepared a Destination Marketing Plan; and

WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in the preparation of said Marketing Plan; and

WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform all of the necessary services and prepare such reports as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with the detailed scope of work as shown in Exhibit “A” with this agreement an amount not to exceed twenty-seven thousand five hundred dollars ($27,500) for Destination Marketing.
B. Payment of the invoice for services rendered will be made after acceptance and approval by the CITY within thirty (30) days of receipt by the City of such invoice.

3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall vest with the CITY.

B. Methodology, materials, software, logic and systems developed under this Agreement are the property of CONSULTANT and the CITY, and may be used as CONSULTANT and/or the CITY see fit, including the right to revise or publish the same without limitation.

4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the primary administrative responsibility for the CITY under this Agreement, and shall review and approve Consultant’s invoices to the CITY under this Agreement.

B. The City Administrator for the CITY shall have primary responsibility for overseeing and directing Consultant’s preparation of the Scope of Services, and shall coordinate all communications with CONSULTANT from the CITY.

5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks according to the Scope of Services as set forth in Exhibit “A” and during Fiscal Year 2008/2009.

B. CONSULTANT will diligently proceed with the work contracted for, but it is expressly agreed and understood that CONSULTANT shall not be held responsible for delays occasioned by factors beyond their control, nor by factors which could not reasonably have been foreseen at the time of execution of this Agreement.

6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or suspend this Agreement with or without cause at any time by giving twenty (20) day’s written notice to the other party. In that event, all finished or unfinished documents, date, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by CONSULTANT pursuant to this Agreement shall be delivered to the CITY; and CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.

7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party.

8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond the original Scope of Services as defined in Exhibit “A”. Such additional services include those due to abnormal conditions beyond Consultant’s control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the Plan. Such work will be undertaken only upon written authorization of the CITY based upon an agreed amount of compensation.

9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.

10. HOLD HARMLESS
A. CONSULTANT is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to the CITY upon request. Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify, protect, defend and name the CITY, its public officials, officers and employees as additional insured and hold harmless from any loss, damage or liability arising directly from any negligent act or omission by CONSULTANT. CONSULTANT shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. CONSULTANT shall not be responsible for any loss, damage or liability arising from any act or omission by the CITY, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by CONSULTANT and over which CONSULTANT has no supervision or control.

11. INSURANCE
A. COVERAGES LIMITS OF LIABILITY
General Liability, including $1,000,000.00 each
Bodily Injury, Property Damage occurrence and Contractual Liability
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence Damage

B. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing performance under this Agreement.

12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this Agreement, an independent contractor.

13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement. CONSULTANT shall file statements of financial interest, on forms provided by the CITY, to the extent and at the times required by the City’s Conflict of Interest Code and applicable law.

B. During the term of this Agreement, CONSULTANT shall not directly or indirectly, either as a partner, employer, employee, consultant, principal, agent or in any individual or representative capacity, engage or participate in any business or voluntary activity on behalf of any other party on any property located within the City without prior written permission of the City of Carmel-by-the-Sea.

C. During the term of this Agreement, CONSULTANT shall
conduct all communications with non-governmental groups, agencies, or individuals, exclusively through the CITY.

14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921

CONSULTANT: Jeff Burghardt, President
Burghardt + Dore
PO Box 223491
Carmel, CA 93922

Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CONSULTANT or to the CITY at the addresses set forth above.

Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

15. ATTORNEY’S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and CONSULTANT, and supersedes all prior negotiations, representations and agreements, either written or oral.

17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.
18. SEVERABILITY

A. If any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

CITY

By: ____________________________
Rich Guillen
City Administrator

CONSULTANT

By: __________________________
Jeff Burghardt, President
Burghardt+Dore
Its: __________________________

Exhibit A Revised
2008-09 Destination Marketing
SCOPE OF SERVICES
Strategy:
Continue to build on the integrated destination marketing campaign to increase visitor business and brand awareness. The marketing campaign will primarily focus on targeting upscale consumers during the shoulder and slow seasons.

Recommendation:
A strong mix of advertising, Internet, direct marketing, collateral, and public relations will continue to be the foundation for the City’s marketing efforts. This year, we recommend enhancing the website; printing a stylish rack brochure; increasing Internet search marketing to include all of the US with some geotargeting in Europe and Canada; increase press submissions; and provide coop media opportunities to the hotels/inns. New online videos and direct mail are TBD.

The following budget breakdown is recommended:
Remaining Marketing & PR Budget: $27,500
1) Marketing:
Scope of Work:
Marketing & Media Plan
Promotional Campaigns (ads, direct mail, emarketing, and PR)
Website
List Development

2) Public Relations:
Scope of Work
Pitching seasonal press releases
Manage ongoing press requests and needs

3) Present quarterly reports to the Council

4) Submit written annual report
Jeff Burghardt
Account/Creative Director
Burghardt+Doré Advertising, Inc.
P.O. Box 223491
Carmel, CA 93922
831.622.0144
Fax 831.620.0738
jeff@burghardt-dore.com

CITY COUNCIL: Resolution Adopting Revisions to Council Policy Related to Installation of Banners on Public Property

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

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting revisions to City Council Policy C95-07 related to the installation of banners on public property.

Description: The proposed revisions to the City’s Banner policy will indicate that no fees will be charged for banner installation. The revisions also will allow the display of website addresses on the banners along with other minor changes to the policy.

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: Banners installed on City property allow for advertising of community events. These events provide many benefits to the City, including increased exposure and revenues.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY,
PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 3 MARCH 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING REVISIONS TO CITY COUNCIL POLICY C95-07 RELATED TO THE INSTALLATION OF BANNERS ON PUBLIC PROPERTY

BACKGROUND & PROJECT DESCRIPTION
On 11 June 2008, the City Council reviewed a request by the Sunset Center, Inc. to waive the permit fees for several banners. At that meeting, the Council determined that the fees for all banner installations should be waived. The proposed revisions to the Banner Policy will reflect this decision and also will allow the display of a website address on the banners. The revisions also make other minor changes to the policy (see strike out and underlines in attached policy).

RECOMMENDATION
Adopt the attached 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 CITY COUNCIL POLICY C95-07 RELATED TO THE INSTALLATION OF BANNERS ON PUBLIC PROPERTY

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

WHEREAS, City Council Policy C95-07 was adopted to outline the procedure for application and review of the installation of banners on public property; and

WHEREAS, the City Council determined to waive all fees associated with banner installations on 11 June 2008; and

WHEREAS, the proposed revisions will reflect the Council’s previous direction along with making other minor modifications to the policy.

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

Resolve to amend City Council Policy C95-07 (banners) as shown in attachment “A”.

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

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

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________________
Heidi Burch, City Clerk

Attachment “A”
CITY OF CARMEL-BY-THE-SEA
POLICY C95-07
BANNERS ON PUBLIC PROPERTY

PURPOSE:
To establish fees and a policy outlining the procedure for application and review of the design, style, appropriate locations, duration of display, installation and removal of banners on public property in the City of Carmel-by-the-Sea.

POLICY:
The City of Carmel-by-the-Sea supports the concept of displaying decorative banners on public property for the purpose of promoting a festive atmosphere and informing
residents and visitors of local events. Display of banners is limited to the following areas:
1. Ocean Avenue median
2. Sunset Center property
3. Devendorf Park
4. Other locations as may be determined by the Planning Commission from time-totime;
provided, however, that all such exceptions are referred to the City Council for its prior approval.

GUIDELINES:
Approval Authority:
The Community Planning and Building Department shall have the authority to review and approve or deny applications for public display of banners in accordance with following guidelines

Guidelines for Appropriate Events:
Banners may be approved only for the following types of events:
1. City events and activities
2. City co-sponsored events/activities.
3. Community events/activities, which take place within Carmel-by-the-Sea City limits.
4. Events that, in the judgment of staff, will benefit the City.

Guidelines for Banner Design:
The following guidelines shall be used for reviewing and approving or denying banner
applications:
1. Size: Banners must conform to specifications of the City’s display stanchions and hardware as set forth in the specifications identified in Exhibits A, B, and C of this Policy. In no case shall the area of any banner exceed twenty-four square feet.

2. Material: Banners must be constructed of durable, natural-looking fabric including those coated (not plastic); both the fabric and the paint must be capable of withstanding the elements.

3. Attachments: Banners must have fasteners (grommets) that are durable, safe and appropriate to meet the design specifications of the stanchions. Refer to specifications in Exhibits A, B, and C of this Policy.

4. Design: All banners shall be simple design, consistent with village character, and compatible in color and design with surrounding architecture and landscaping. Fluorescent or incompatible colors, streamers, balloons and other appurtenances to attract the eye are prohibited.

5. Lighting: Illumination is prohibited.

6. Text: Only the name and dates of the event shall be displayed, in addition to a website address, on a banner. Location information is limited to the place (Devendorf Park, Sunset Center, etc.), not a street location. The text size for the location and dates must also be substantially smaller than the event name and graphic image.

7. Location: Placement of banners shall be limited to those areas set forth in the “Policy” section of this document. Any other locations shall require Planning Commission recommendation to the City Council.

8. Condition and Maintenance of Banners: All banners must be clean and in good condition. If not, the banners cannot be displayed.

9. Calendar: Banners for no more than two events shall be displayed at any one time on Ocean Avenue. The Department of Community Planning and Building shall maintain the calendar of dates for banners approved for installation. When banners for two events are displayed they shall be on alternate stanchions such that all four faces on each stanchion (left/right sides and east/west faces) display the same event.

DURATION:
Banners may be displayed for up to seven days prior to the beginning of the event, and may be displayed for no more than three days following the event’s conclusion. It shall be the responsibility of the Department of Community Planning and Building to coordinate, as needed, the installation and removal of the banners with other City Departments.

INSTALLATION, MONITORING, AND REMOVAL:
A private contractor, designated by the City, shall have sole responsibility for the installation, removal, and return of all banners to the applicant. The Department of Forest, Parks and Beach Department of Community Planning and Building shall have the responsibility for monitoring and insuring that, while placed on public property, the condition and appearance of all stanchions and banners are consistently maintained to meet the community’s aesthetic standards.

APPLICATION PROCEDURE:
Applications for the review of proposed banner installations are available in the Department of Community Planning and Building at City Hall. Completed applications must be submitted to that Department at least thirty (30) days prior to the requested installation date. Applications will be reviewed on a first come, first served basis with consideration given to the list of priorities discussed under “Guidelines for Appropriate Events”.

Appeal: Applicants have the right to appeal staff’s decision to the Planning Commission.
FEE:
No application or installation fees shall be charged.
A flat fee of $50 is established to cover the costs associated with administration and design review. The $50 flat fee for design review will be waived for applicants using previously approved banners.

An additional fee of $30.00 per single banner and $40 per double banner per stanchion is established to cover the costs associated with contract installation and removal.

Fees for appeals to the Planning Commission or for processing a request for a new
location (per Guideline #7, above) shall be the same as the current Design Review fee for a Track One referral/Administrative Appeal.

LIABILITY, PROPERTY DAMAGE:
Each applicant, its successors and assigns shall hold the City of Carmel-by-the-Sea and its officers and employees harmless from any claims due to theft, vandalism, damage or loss of its banners, due to any cause whatsoever, and from any and all claims, actions and demands of third parties of any kind, character and description arising out of or due to the display of banners approved hereunder.

Contractor agrees to provide the City with a certificate of insurance from an insurance carrier acceptable to the City certifying that the applicant has public liability and property damage insurance with limits of not less than $1,000,000.00 combined single limit for personal injury and/or property damage and naming the City, its officials and employees as additional insureds. The certificate must indicate this insurance is primary over any other valid or collectible insurance the City may have.

CITY COUNCIL: Ordinance Adopting Revisions to Zoning Ordinance Related to Affordable Housing

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

City Council
Agenda Item Summary

Name: Second Reading of an Ordinance adopting revisions to Chapters 17.14.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing.
The proposed revisions are required by the California Coastal Commission.

Description: This Ordinance involves adoption of modifications to the 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. The amendments, however, will not allow the Planning Commission to grant exceptions to other zoning standards such as height, floor area, setbacks, etc. as was originally proposed.

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

Staff Recommendation: Adopt the Ordinance.

Important Considerations: The affordable housing amendments originally were drafted to allow the City a great deal of flexibility when presented with projects devoted exclusively to affordable housing. The Coastal Commission was concerned that the amendments went too far and could result in significant impacts to the character of the community and, therefore, made modifications.

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. The City Council adopted the first reading of this Ordinance on 3 February 2009.
Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA ADOPTING REVISIONS TO CHAPTERS 17.12.230, 17.14.14D AND 17.64.220 OF THE ZONING ORDINANCE 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; and

WHEREAS, on 3 February 2009 the City Council adopted the first reading of this ordinance.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt by ordinance the attached revisions to the zoning ordinance.

SEVERABILITY
If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

EFFECTIVE TIME PERIOD
This ordinance shall become effective thirty (30) days after final passage and adoption.

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

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

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________________
Heidi Burch, City Clerk

Exhibit “A”
ZONING ORDINANCE
17.14.230 – Affordable Housing
A. Affordable Housing Projects. Projects located in the Residential and Limited Commercial (RC) and Multi-family (R-4) Districts that comply with the following requirements shall be eligible for, and subject to, the standards of this section:
1. The project includes no land uses other than residential housing; and

2. The project supplies at least three, independent residential units; and

3. All residential housing units qualify as housing for low-income or verylow income individuals or families, as defined by the Association of Monterey Bay Area Governments (AMBAG) in Municipal Code Section 17.70.

4. The project site is 8,000 square feet or less.

B. Review. Design review shall proceed pursuant to Section 17.58 of the Municipal Code. All applications require the approval of a Conditional Use Permit and Design
Review by the Planning Commission. The basic standards for review shall be the standards of this ordinance, including the standards contained in Sections 17.12 and 17.14 of the Municipal Code, the City’s adopted Design Guidelines, and the relationship of new construction with surrounding development. Projects or exceptions granted that involve substantial (major) alteration of Historic Resources shall require issuance of a Determination of Consistency with the Secretary of the Interior’s Standards by the Historic Resources Board.

C. Development Standards. New development shall comply with the standards applicable to the underlying zoning district of the site except as provided in this section. Due to the overall public benefit of affordable housing, the Planning Commission may
allow exceptions to the following development standard in order to provide for increased flexibility in design:
• Setbacks
• Height (not to exceed 30 feet and not to exceed two-stories)
• Floor area ratio (not to exceed 150%)
• Building Coverage
• Density (not to exceed 88 units per acre)

D. Special Requirements. For all projects that exceed 5 units, the following two
amenities are required:
• Laundry facility or facilities must be provided on-site. This requirement can be met by a laundry facility shared in common or with individual facilities in each unit.
• A common community room(s) totaling at least 250 square feet in size shall be provided on-site.

E. Land Use Requirements. New developments which qualified the applicant for the award of the density bonus pursuant to this Title, shall be offered for rent at affordable rates as defined in Municipal Code Section 17.70, for a period of 30 years or longer if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The City shall ensure continued affordability and protection of all low and very low income units via a written agreement, deed restriction, or housing easement granted to an appropriate public or quasi-public agency involved in affordable housing programs. Easements, agreements, or deed restrictions shall be approved prior to commencement of construction and recorded prior to sale or occupancy.
------------------------------------------------------------------------------------------------------------
17.14.14.D Floor Area Bonus.
1. Affordable Housing Bonuses – A floor area bonus may be granted for projects in all commercial districts and the R-4 districts in the following instances:
a. Moderate Income: Up to 5 percent for projects if at least 25 percent of the units in a housing project are reserved for persons of moderate income as defined by AMBAG in Municipal Code Section 17.70.
b. Low Income. Up to 10 percent for projects if at least 20 percent of the units in a housing project are reserved for persons of low income as defined by AMBAG in Municipal Code Section 17.70.
c. Up to 15 percent for projects if at least 10 percent of the units in a housing project are reserved for persons of very low income as defined by AMBAG in Municipal Code Section 17.70.
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17.64.220 –Affordable Housing (Residential Construction at densities between 44 and 88 units per acre.)
The following special findings are required for approval of exceptions to zoning standards for projects consisting entirely of affordable housing:
A. That the project consists entirely of affordable housing units for low and/or verylow income households, as defined in Municipal Code Section 17.70 by the association of Monterey Bay Area Governments (AMBAG).

B. That the project, and any zoning exceptions requested, will not be detrimental to adjacent properties or injurious to public health, safety or welfare.

C. That the project is consistent with the applicability of provisions found in CMC
17.14.090 and the basic review standard found in CMC 17.14.10 and that new construction represent an improvement over existing conditions.

D. That the project will preserve the community character and will be compatible with the streetscape, mass, bulk and height of the surrounding neighborhood context.

E. That the affordable housing units will be administered by a City-approved public or quasi-public agency involved in affordable housing programs, or will be verified by the City based on documentation supplied annually by the property owner.

F. That the project will not diminish the village character by excessively blocking important public or private views and disturbing natural topography, mature trees, or native growth.

CITY COUNCIL: Ordinance Amending Municipal Code Related to Community Floodplains

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

City Council
Agenda Item Summary

Name: Second Reading of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains.

Description: This Ordinance will replace the City’s existing Floodplain Ordinance to be consistent with Federal Emergency Management Agency (FEMA) requirements. The ordinance also will allow the City and its residents to participate in the National Flood Insurance Program.

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

Staff Recommendation: Adopt the Ordinance.

Important Considerations: FEMA recently completed a flood insurance study and a Flood Insurance Rate Map (FIRM) for the City. FEMA requires that City’s enact appropriate floodplain management ordinances in order to participate in the National Flood Insurance Program. The only areas identified in the FIRM are Larson Ballpark and Carmel Beach. The proposed Ordinance is a model developed for the State of California.

Decision Record: The Council adopted the first reading of this Ordinance on 3 February 2009.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
CONSIDERATION OF AN ORDINANCE AMENDING CARMEL MUNICIPAL CODE SECTION 8.72 RELATED TO COMMUNITY FLOODPLAINS

WHEREAS, the City has adopted a Municipal Code that strives to protect the health, safety and welfare of its citizens; and

WHEREAS, the Federal Emergency Management Agency (FEMA) has recently completed a Flood Insurance Study (FIS) and a Flood Insurance Rate Map (FIRM) for the City; and

WHEREAS, the proposed ordinance was developed for coastal California communities and meets the requirements of FEMA; and

WHEREAS, by participating in the Federal Flood Insurance Program, the citizens of Carmel-by-the-Sea will continue to have the opportunity to apply for Flood Insurance, and

WHEREAS, by participating in the Federal Flood Insurance Program, the City is able to obtain federal disaster relief if a flood disaster is ever declared in the City.

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

Amend Municipal Code Section 8.72 to adopt the Model Floodplain management ordinance (see attached).

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

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

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:
_________________________________
Heidi Burch, City Clerk

CMC Chapter 8.72
SECTION 8.72.010
STATUTORY AUTHORIZATION.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Carmel-by-the-Sea does hereby adopt the following floodplain management regulations.

FINDINGS OF FACT.
A. The flood hazard areas of Carmel-by-the-Sea are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.

STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this ordinance includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D. Control filling, grading, dredging, and other development which may increase flood damage;

E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and

8.72.020
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"A zone" - see "Special flood hazard area".

“Accessory structure” means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.

"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard" - See "Special flood hazard area."

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.

“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.

"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Building" - see "Structure".

"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.

"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before 9 December 1997.

"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.

"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding."

"Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway."

"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and victimization" as related to section 8.72.220 of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" as related to section 8.72.220 of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system, which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
a. The flood openings standard in 8.72.150.C.3;
b. The anchoring standards in 8.72.150.A;
c. The construction materials and methods standards in 8.72.150.B; and
d. The standards for utilities in 8.72.160.

2. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see “Basement” definition). This prohibition includes
below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Market value” is defined in the City of Carmel-by-the-Sea substantial damage/improvement procedures. See 8.72.120.B

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after 9 December 1997, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after 9 December 1997.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood" - see "Base flood."

"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

“Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

"Public safety and nuisance" as related to 8.72.220 of this ordinance, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Sheet flow area" - see "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"V zone" - see "Coastal high hazard area."

"Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

“Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

8.72.040
LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Carmel-by-the-Sea as identified by the most recent Flood Insurance Rate Maps provided by the Federal Emergency Management Agency.

8.72.050
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the “Flood Insurance Study (FIS) for Monterey County, California and
Incorporated Areas, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), effective 2 April 2009, and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file with the City Clerk.

8.72.060
COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

8.72.070
ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

8.72.080
INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.

8.72.090
WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City Council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

8.72.100
SEVERABILITY.
This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

8.72.110
DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The City Administrator and/or his/her designated representative is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions.

8.72.120
DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
A. Permit Review.
Review all development permits to determine:
1. Permit requirements of this ordinance have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Carmel-by-the-Sea; and
5. All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

B. Development of Substantial Improvement and Substantial Damage Procedures.
1. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “Market Value.”
2. Assure procedures are coordinated with other departments/divisions and implemented by community staff.

C. Review, Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with 8.72.050, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer section 8.72.150.
NOTE: A base flood elevation may be obtained using one of two methods from the
FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995.

D. Notification of Other Agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E. Documentation of Floodplain Development.
Obtain and maintain for public inspection and make available as needed the
following:
1. Certification required by section 8.72.150.C.1 and section 8.72.180 (lowest floor elevations);
2. Certification required by section 8.72.150.C.2 (elevation or floodproofing of nonresidential structures);
3. Certification required by 8.72.150.C.3 (wet floodproofing standard);
4. Certification of elevation required by section 8.72.170.A.3 (subdivisions and other proposed development standards);
5. Certification required by section 8.72.200 (floodway encroachments);
6. Information required by section 8.72.210.F (coastal construction standards); and
7. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

F. Map Determination.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 8.72.140.

F. Remedial Action.
Take action to remedy violations of this ordinance as specified in section 8.72.060.

G. Biennial Report.
Complete and submit Biennial Report to FEMA.

H. Planning.
Assure community’s General Plan is consistent with floodplain management objectives herein.

8.72.130
DEVELOPMENT PERMIT.
A development permit shall be obtained before any construction or other development,
including manufactured homes, within any area of special flood hazard established in section 8.72.050. Application for a development permit shall be made on forms furnished by the City of Carmel-by-the-Sea. The applicant shall provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in section 8.72.050120.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in section 8.72.150.C.2 of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in section 8.72.150.C.2

C. For a crawl-space foundation, location and total net area of foundation openings as required in section 8.72.150.C.3 of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93.

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

E. All appropriate certifications listed in section 8.72.120.E of this ordinance.

8.72.140
APPEALS.
The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.

8.72.150
STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and Floodproofing.
1. Residential construction.
All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to or above the base flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified.
c. In an A zone, without BFEs specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under section 8.72.120.2.C. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

2. Nonresidential construction.
All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with section 8.72.150.C.1 or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under section 8.72.150.C.1, so that the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of section 8.72.150.C.2.a & b are satisfied. Such certification shall be provided to the Floodplain Administrator.

3. Flood openings.
All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
a. For non-engineered openings:
1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and
4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
b. Be certified by a registered civil engineer or architect.

4. Manufactured homes.
a. See section 8.72.180.

5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See section 8.72.150.C.3. Areas of the garage below the BFE must be constructed with flood resistant materials. See section 8.72.150.b.
2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in section 8.72.020, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a) Use of the accessory structure must be limited to parking or limited storage;
b) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment provisions in section 8.72.200; and
f) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with 8.72.150.C.
2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in 8.72.150.

8.72.160
STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
1. Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.

8.72.170
STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT.
A. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations
(BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.

B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.

D. All subdivisions and other proposed development shall provide adequate drainage
to reduce exposure to flood hazards.

8.72.180
STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured
home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. Within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map,
meet the requirements of section 8.72.210.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of section 8.72.180.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

8.72.190
STANDARDS FOR RECREATIONAL VEHICLES.
A. All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE will either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
3. Meet the permit requirements of section 8.72.180 of this ordinance and the elevation and anchoring requirements for manufactured homes in section 8.72.180.

B. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of section 8.72190.A and section 8.72.210.

8.72.200
FLOODWAYS.
Since floodways are an extremely hazardous area due to the velocity of flood waters,
which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Carmel-by-the-Sea.

B. Within an adopted regulatory floodway, the City of Carmel-by-the-Sea shall prohibit
encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

C. If section 8.72.200.A & B are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of section 8.72.150.

8.72.210
COASTAL HIGH HAZARD AREAS.
Within coastal high hazard areas, Zones V, V1-30, and VE, as established under section 8.72.050, the following standards shall apply:
A. All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

B. All new construction and other development shall be located on the landward side of the reach of mean high tide.

C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in
section 8.72.020 of this ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

D. Fill shall not be used for structural support of buildings.

E. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

F. The Floodplain Administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure
complies with section 8.72.210.A; and

2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

8.72.220
NATURE OF VARIANCES.
The issuance of a variance is for floodplain management purposes only. Insurance
premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines
provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

8.72.230
CONDITIONS FOR VARIANCES.
A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing that the procedures of sections 8.72.110 &
150 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in section 8.72.020 of this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.

E. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and

2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County of Monterey Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

F. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

8.72.240
APPEAL BOARD
A. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

B. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and
3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause “fraud and victimization” of the public, or conflict with existing local laws or ordinances.

C. Variances may be issued for new construction, substantial improvement, and other
proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of section 8.72.240.A through 8.72.240.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

D. Upon consideration of the factors of section 8.72.230.A and the purposes of this
ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

APPENDIX
1.0 ALLUVIAL FAN ADVISORY
Hazards of Alluvial Fan Development
Alluvial fans present a unique flood hazard environment where the combination of sediment, slope, and topography create an ultra hazardous condition for which elevation on fill will not provide reliable protection. Active alluvial fan flooding is characterized by flow path uncertainty combined with abrupt deposition and erosion. As a result, any area of an alluvial fan may be subject to intense flood hazards.

The technology of mathematically modeling the hydrodynamics of water and debris flows for alluvial fans is still in the early development stage. The Federal Emergency Management Agency (FEMA) has formulated a mapping procedure for the purpose of defining the likelihood of flood hazards on inundated alluvial fan zones to be used for flood insurance purposes and general floodplain regulation, referred to as the FEMA alluvial fan methodology.

An active alluvial fan flooding hazard is indicated by three related criteria:
a. Flow path uncertainty below the hydrographic apex;
b. Abrupt deposition and ensuing erosion of sediment as a stream or debris flow loses its competence to carry material eroded from a steeper, upstream source area; and
c. An environment where the combination of sediment availability, slope, and topography creates an ultra hazardous condition for which elevation on fill will not reliably mitigate the risk.

Inactive alluvial fan flooding is similar to traditional riverine flood hazards, but occurs only on alluvial fans. It is characterized by flow paths with a higher degree of certainty in realistic assessments of flood risk or in the reliable mitigation of the hazard. Counter to active alluvial fan flooding hazards, an inactive alluvial fan flooding hazard is characterized by relatively stable flow paths. However, areas of inactive alluvial fan flooding, as with active alluvial fan flooding, may be subject to sediment deposition and erosion, but to a degree that does not cause flow path instability and uncertainty.

An alluvial fan may exhibit both active alluvial fan flooding and inactive alluvial fan flooding hazards. The hazards may vary spatially or vary at the same location, contingent on the level of flow discharge. Spatially, for example, upstream inactive portions of the alluvial fan may distribute flood flow to active areas at the distal part of the alluvial fan. Hazards may vary at the same location, for example, with a flow path that may be stable for lower flows, but become unstable at higher flows.
More detailed information can be found at FEMA’s website: “Guidelines for Determining Flood Hazards on Alluvial Fans” at http://www.fema.gov/fhm/ft_afgd2.shtm#1.
Alluvial Fans and LOMRs
The NFIP does not allow for the removal of land from the floodplain based on the placement of fill (LOMR-F) in alluvial fan flood hazard areas. The NFIP will credit a major structural flood control project, through the LOMR process, that will effectively eliminate alluvial fan flood hazards from the protected area. Details about map revisions for alluvial fan areas can be found in the Code of Federal Regulations at Title 44, Part 65.13.

Alluvial Fan Task Force
As stated in AB 2141 (Longville, Chapter 878, Statutes of 2004), the State of California Department of Water Resources will convene an Alluvial Fan Task Force (AFTF). The AFTF will produce an alluvial fan model ordinance for local communities and a recommendations report to the legislature. As of March 2006, the model ordinance and report are projected to be completed by 2007.

2.0 HIGHER STANDARDS RECOMMENDED BY THE STATE OF CALIFORNIA
This model ordinance meets the minimum standards required to participate in the National Flood Insurance Program. Community adoption of higher standards can be applied towards credit under the Community Rating System (CRS) program and result in reduced premiums for all flood insurance policy holders within the entire community.

The State of California recommends:
A. Freeboard.
• To elevate at least 2 feet above the minimum required base flood elevation, make the following changes:
1. Modify Sections 5.1.C.1.a, 5.1.C.1.c, and 5.4.A.1 by replacing “elevated to or above” with “elevated 2 feet above.”
2. Modify Section 5.4.B.1 by replacing “at or above” with “at least 2 feet above.”
3. Replace Section 5.1.C.1.b with:
In an AO zone, elevated above the highest adjacent grade to a height 2 feet above the depth number specified in feet on the FIRM, or elevated at least 4 feet above the highest adjacent grade if no depth number is specified.

B. Determining BFEs in Unnumbered A Zones.
• Replace “may” with “shall” in the second paragraph of Section 4.2.C to read:
“NOTE: A base flood elevation shall….”

C. Determining Market Value of Existing Structures.
• Replace the “Market value” definition in Section 2 with:
“Market value” shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.
1. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.
2. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.
Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

D. Increased Cost of Compliance (ICC) Coverage—Repetitive Loss Provisions.
This provision allows communities the opportunity for flood insurance policy holders to have ICC coverage made available in repetitive loss situations.
• Modify the definition of “Substantial damage” as follows:
“Substantial damage” means:
1. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred; or
2. Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. This is also known as “repetitive loss.”

E. Non-conversion of Enclosed Areas Below the Lowest Floor.
• Insert/add the following section as Section 4.2.J.
A. Non-conversion of Enclosed Areas Below the Lowest Floor.
To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the Floodplain Administrator shall:
1. Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are 5 feet or higher;
2. Enter into a “NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD AREAS” or equivalent with the City of Carmel-by-the-Sea. The agreement shall be recorded with the Monterey County Recorder as a deed restriction. The nonconversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel; and
3. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours.

3.0 SPECIAL REQUIREMENTS
A. Crawlspace Construction.
Communities with construction practices that result in crawl spaces with interior floors up to 2 feet below grade have historically been in violation of the NFIP requirements. FEMA Technical Bulletin 11-01 now provides accommodation for these practices.
• Remove the following from “Lowest floor” definition in Section 2:
2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes belowgrade garages and storage areas.
• Add the following section into your ordinance at Section 5.1.C:

5.1.C.{X} Crawlspace Construction.
This sub-section applies to buildings with crawl spaces up to 2 feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
a. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
b. The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;
c. Crawl space construction is not permitted in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones;
d. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and
e. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
f. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:
1. The interior grade of a crawl space below the BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01;
2. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point;
3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and
4. The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types should be used.

B. Mudslide (i.e., Mudflow) Prone Areas. (Zone M)
• Communities with mudslide prone areas shall insert the following:
1. Definitions to Section 2:
"Area of special mudslide (i.e., mudflow) hazard″ is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).
″Mudslide″ describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
″Mudslide (i.e., mudflow) prone area″ means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
2. Section “5.{X} Mudslide (i.e., Mudflow) Prone Areas”:

5.{X} Mudslide (i.e., Mudflow) Prone Areas.
A. The Floodplain Administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.

B. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards.
Factors to be considered in making this determination include, but are not limited to:
1. The type and quality of soils;
2. Evidence of ground water or surface water problems;
3. Depth and quality of any fill;
4. Overall slope of the site; and
5. Weight that any proposed development will impose on the slope.

C. Within areas which may have mudslide hazards, the Floodplain Administrator shall require:
1. A site investigation and further review by persons qualified in geology and soils engineering;
2. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and
4. Drainage, planting, watering, and maintenance not endanger slope stability.

C. Erosion-prone areas. (Zone E)
• Communities with erosion prone areas shall insert the following:
1. Definitions into Section 2:
"Area of special flood-related erosion hazard″ is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

″Flood-related erosion″ means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.

″Flood-related erosion area″ or ″Flood-related erosion prone area″ means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

″Flood-related erosion area management″ means the operation of an overall program of corrective and preventive measures for reducing floodrelated erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.
2. Section “5.{X} FLOOD-RELATED EROSION-PRONE AREA” into Section 5:
5.{X} FLOOD-RELATED EROSION-PRONE AREA
A. The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosionprone areas known to the community.

B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion, and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

D. Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated ″useful life″ of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.