CITY COUNCIL: AGENDA & MINUTES June 2009

AGENDA
Regular Meeting
Tuesday, June 2, 2009
4:30 p.m., Open Session

Live video streaming available at:
www.ci.carmel.ca.us

Broadcast date
Sunday, June 7, 2009
8:00 a.m., KMST Channel 26

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

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

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

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Extraordinary Business
A. Certificate of appreciation to Bill Strid for his longtime service as Chairman of the Planning Commission.

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

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

C. Announcements from City Administrator
1. Receive 3rd Quarter Marketing Update and recommendations for FY 2009-10.

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 special meeting of April 28, 2009.

B. Ratify the minutes for the regular meeting of May 5, 2009.

C. Ratify the minutes for the special meeting of May 7, 2009.

D. Ratify the minutes for the special meeting of May 12, 2009.

E. Ratify the bills paid for the month of May 2009.

F. Consideration of a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572.

G. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

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. Consideration of an Ordinance deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (First reading).

X. Resolutions
A. Consideration of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration.

B. Consideration of a Resolution authorizing the installation of a three-way stop at the intersection of Junipero and 12th Avenue.

XI. Orders of Council
A. Receive report and provide policy direction regarding returning the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue.

B. Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance.

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

XII. Adjournment

The next meetings of the City Council will be:

Special Budget Meeting – 4:30 p.m.
Tuesday, June 9, 2009
Council Chambers

Special Meeting—Flanders Protest Hearing – 4:30 p.m.
Tuesday, June 16, 2009
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, July 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
June 2, 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 4:32 p.m. Mayor McCloud called the meeting to order.

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

IV. EXTRAORDINARY BUSINESS
Certificate of appreciation to Bill Strid for his longtime service as Chairman of the Planning Commission.
Mayor McCloud presented the certificate to former Planning Commissioner Strid.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session
City Attorney Don Freeman reported the Council had discussed three issues at its Closed Session on June 1. There were no public announcements.

B. Announcements from City Council members.
Mayor McCloud announced that the City had recently received two international delegations: one from Spain, and the other from Sooke, British Columbia, Canada. She also reported that Standard & Poor’s raised the City’s bond rating to AA-plus.

C. Announcements from City Administrator
1. Receive 3rd Quarter Marketing Update and recommendations for FY 2009-10.
Jeff Burghardt, principal of Burghardt + Dore, presented the report.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:03 p.m.

Meredith Crowell spoke about marketing to the Central Valley area.

Roberta Miller read a commendation from the Carmel Residents Association to the Carmel Public Library Foundation.

Mayor McCloud closed the meeting to public comment at 5:05 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of April 28, 2009.

B. Ratify the minutes for the regular meeting of May 5, 2009.

C. Ratify the minutes for the special meeting of May 7, 2009.

D. Ratify the minutes for the special meeting of May 12, 2009.

E. Ratify the bills paid for the month of May 2009.

F. Consideration of a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572.

G. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

Item H was pulled by Council Member Talmage for further discussion later in the meeting.

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

VIII. PUBLIC HEARINGS
A. None.

IX. ORDINANCES
A. Consideration of an Ordinance deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

Mayor McCloud opened and closed the meeting to public comment at 5:12 p.m.

Council Member ROSE moved adoption of an Ordinance on Second Reading deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services, seconded by Council Member SHARP and carried by the following roll call:

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

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (First reading).

Council Member Hazdovac asked to pull Item IX-B for further discussion later in the meeting.

X. RESOLUTIONS
A. Consideration of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration.

Planning and Building Services Manager Sean Conroy presented the report.

Mayor McCloud opened the meeting to public comment at 5:24 p.m.

Vicki Lynch asked about how the underground water tanks fit into the Master Plan.

Carol Stratton, a member of the Carmel-by-the-Sea Garden Club, spoke in favor of the Plan and pledged the support of her group.

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

Council Member ROSE moved adoption of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration, seconded by Council Member SHARP and carried by the following roll call:

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

B. Consideration of a Resolution authorizing the installation of a three-way stop at the intersection of Junipero and 12th Avenue.

Item X-B was tabled until the July 7, 2009 meeting to allow Council to make a site visit of the area and to notify area residents of the proposed change.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction regarding returning the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue.

City Administrator Rich Guillen presented the staff report.

Council Member Hazdovac recused herself, citing that she is an event participant.

Mayor McCloud opened the meeting to public comment at 6:02 p.m.

Robin Hamlin urged keeping the event on a consistent day each year.

Meredith Crowell supported the relocation to the Sunset Center.

Jeff Greenberg, owner of Lloyd’s Shoes, supported the relocation to the Sunset Center.

Monta Potter, chief executive officer of the Carmel Chamber, said that the majority of businesses she surveyed support the relocation to Sunset Center.

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

Council Member TALMAGE moved the return of the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue, seconded by Council Member SHARP and carried (Hazdovac abstaining).

B. Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance.

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:24 p.m.

Libby Barnes, from US Green Building Council-Monterey Branch, spoke in support of the ordinance.

Carla Ramsay urged keeping the standards flexible and voluntary.

Barbara Livingston spoke about the point system.

Brendan Connolly, a member of the Green Building Committee, spoke about the educational aspects of the program.

Mayor McCloud closed the meeting to public comment at 6:30 p.m.

Council directed staff to accept the recommendations from the Green Building Committee and to move forward with an ordinance for their future consideration.

Item IX-B was moved from earlier in the meeting at the request of Council Member Hazdovac.

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use
responsibilities to the Planning Commission (First reading).

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:37 p.m.

Jonathan Sapp, a Design Review Board member, spoke in opposition.

Keith Patterson, a Design Review Board member, spoke in opposition.

Mayor McCloud closed the meeting to public comment at 6:42 p.m.

Council Member ROSE moved adoption of an Ordinance on First Reading, revising the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission, seconded by Council Member TALMAGE and carried by the following roll call:

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

Item VII-H was pulled by Council Member Talmage for further discussion later in the meeting.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

Mayor McCloud opened the meeting to public comment at 7:06 p.m.

Roberta Miller spoke about the many trucks that are seen in her neighborhood.

Mayor McCloud closed the meeting to public comment at 7:07 p.m.

Council Member ROSE moved adoption of the Consent Agenda Item H, and carried unanimously.

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:12 p.m.

Respectfully submitted,

_____________________________
Molly Laughlin, Deputy City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR

CITY COUNCIL: Check Register June 2009

City of Carmel-by-the-Sea
June 2009 Check Register
(includes cks dated 5/26/09)

Check No.-Check Date-Vendor Name-Net Amount-Expense Account-Account Name
118151 6/30/09 ABBOTT BUSINESS MACHINES $ 160.50 01 74050 OFFICE MACHINE SUPPLIES

117956 5/26/09 ADVANCED WASTE SOLUTIONS $ 39.95 01 67051 DOCUMENT DESTRUCTION SERVICES
118105 6/23/09 ADVANCED WASTE SOLUTIONS $ 39.95 01 67051 DOCUMENT DESTRUCTION SERVICES
----Vendor Total---- $ 79.90

117957 5/26/09 AEROSTAR SYSTEMS, INC. $ 1 ,458.00 01 88534 EQUIPMENT FOR POLICE DEPT ANIMAL CONTROL TRUCK

117986 6/2/09 AFLAC $ 10.00 01 64017 MEDICAL PROGRAM
117986 6/2/09 AFLAC $ 5.00 01 67017 MEDICAL PROGRAM
117986 6/2/09 AFLAC $ 5.00 01 69017 MEDICAL PROGRAM
117986 6/2/09 AFLAC $ 10.00 01 72017 MEDICAL PROGRAM
117986 6/2/09 AFLAC $ 30.00 01 74017 MEDICAL PROGRAM
117986 6/2/09 AFLAC $ 10.00 01 76017 MEDICAL PROGRAM
117986 6/2/09 AFLAC $ 25.00 01 84017 MEDICAL PROGRAM
118152 6/30/09 AFLAC $ 10.00 01 64017 MEDICAL PROGRAM
118152 6/30/09 AFLAC $ 5.00 01 67017 MEDICAL PROGRAM
118152 6/30/09 AFLAC $ 5.00 01 69017 MEDICAL PROGRAM
118152 6/30/09 AFLAC $ 10.00 01 72017 MEDICAL PROGRAM
118152 6/30/09 AFLAC $ 30.00 01 74017 MEDICAL PROGRAM
118152 6/30/09 AFLAC $ 10.00 01 76017 MEDICAL PROGRAM
118152 6/30/09 AFLAC $ 25.00 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 190.00

118153 6/30/09 ALCAL ARCADE CONTRACTING INC. $ 103.40 01 31820 REFUND FOR OVERPAYMENT OF BUSINESS LICENSE TAX

118077 6/16/09 ALHAMBRA $ 20.68 01 64053 CONTRACTUAL SERVICES

118078 6/16/09 ALL AMERICAN MAILING $ 1 ,181.85 01 69040 ADVERTISING

117958 5/26/09 ALLSTAR FIRE EQUIPMENT $ 1 ,512.25 01 72602 FIRE DEPT EQUIPMENT

117987 6/2/09 AMERICAN SUPPLY COMPANY $ 13.64 01 70045 MATERIAL/SUPPLIES

118106 6/23/09 ANDON LAUNDRY SERVICE $ 271.75 01 72053 CONTRACTUAL SERVICES

118025 6/9/09 ASSURED LANDSCAPE $ 341.00 50 24050 IRRIGATION SUPPLIES FOR LANSCAPING PROJECT

118079 6/16/09 AT&T $ 48.64 01 74036 TELEPHONE
118107 6/23/09 AT&T $ 42.19 01 74036 TELEPHONE
118154 6/30/09 AT&T $ 34.32 01 74036 TELEPHONE
118100 6/16/09 AT&T/MCI $ 38.61 01 82036 TELEPHONE
118138 6/23/09 AT&T/MCI $ 9.07 01 11000 SCC PHONE # (ACCTS REC)
118138 6/23/09 AT&T/MCI $ 12.65 01 64036 TELEPHONE
118138 6/23/09 AT&T/MCI $ 100.61 01 65053 TELEPHONE
118138 6/23/09 AT&T/MCI $ 222.69 01 69036 TELEPHONE
118138 6/23/09 AT&T/MCI $ 393.58 01 72036 TELEPHONE
118138 6/23/09 AT&T/MCI $ 102.32 01 74036 TELEPHONE
118138 6/23/09 AT&T/MCI $ 76.47 01 76036 TELEPHONE
118138 6/23/09 AT&T/MCI $ 12.95 01 82036 TELEPHONE
118138 6/23/09 AT&T/MCI $ 12.95 60 81036 TELEPHONE
118197 6/30/09 AT&T/MCI $ 855.64 01 65053 TELEPHONE
118197 6/30/09 AT&T/MCI $ 5.91 01 72036 TELEPHONE
118197 6/30/09 AT&T/MCI $ 38.61 01 82036 TELEPHONE
118197 6/30/09 AT&T/MCI $ 3.05 60 81036 TELEPHONE
----Vendor Total---- $ 2 ,010.26

117988 6/2/09 BOUND TREE MEDICAL LLC $ 59.23 01 72603 MEDICAL SUPPLIES

117989 6/2/09 BRINTON'S $ 108.77 01 78045 MATERIAL/SUPPLIES
118155 6/30/09 BRINTON'S $ 191.91 01 76045 MATERIALS/SUPPLIES
118155 6/30/09 BRINTON'S $ 40.88 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 341.56

117990 6/2/09 BROADWAY LOCKSMITH $ 186.70 01 70050 OUTSIDE LABOR

118080 6/16/09 BURGHARDT-DORE ADVERTISING, INC. $ 800.38 01 85200 REGIONAL DESTINATION MARKETING
118108 6/23/09 BURGHARDT-DORE ADVERTISING, INC. $ 1 1,794.41 01 64051 REGIONAL DESTINATION MARKETING
118157 6/30/09 BURGHARDT-DORE ADVERTISING, INC. $ 9 ,870.67 01 85200 REGIONAL DESTINATION MARKETING
----Vendor Total---- $ 2 2,465.46

117959 5/26/09 BURTON'S FIRE, INC. $ 27.16 01 72054 TOOLS/EQUIPMENT/SUPPLIES
118156 6/30/09 BURTON'S FIRE, INC. $ 585.95 01 72057 SAFETY EQUIPMENT
----Vendor Total---- $ 613.11

117960 5/26/09 CA COMMERCIAL INTERIORS $ 702.63 01 67170 ERGONOMIC CHAIR FOR POLICE DEPT DISPATCH AREA

118081 6/16/09 CAL-AM WATER COMPANY $ 260.87 01 76026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 166.53 01 64026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 2 ,462.39 01 70026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 174.79 01 72026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 125.62 01 74026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 2 ,394.88 01 76026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 20.25 01 82026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 359.60 01 84026 UTILITIES
118109 6/23/09 CAL-AM WATER COMPANY $ 108.05 60 81026 UTILITIES
----Vendor Total---- $ 6 ,072.98

118111 6/23/09 CARMEL CHEVRON $ 62.51 01 76046 FUEL

117993 6/2/09 CARMEL FIRE PROTCTN ASSOC $ 973.07 01 69051 PLAN CHECK PROFESSIONAL SERVICES
117993 6/2/09 CARMEL FIRE PROTCTN ASSOC $ 275.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
118027 6/9/09 CARMEL FIRE PROTCTN ASSOC $ 275.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
118160 6/30/09 CARMEL FIRE PROTCTN ASSOC $ 575.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
----Vendor Total---- $ 2 ,098.07

118112 6/23/09 CARMEL GARDEN & IRRIGATN $ 1 ,020.00 01 76050 OUTSIDE LABOR
118159 6/30/09 CARMEL GARDEN & IRRIGATN $ 4 ,740.00 01 78050 OUTSIDE LABOR
----Vendor Total---- $ 5 ,760.00

117992 6/2/09 CARMEL GLASS COMPANY $ 157.00 01 70050 OUTSIDE LABOR

117991 6/2/09 CARMEL PINE CONE $ 141.61 01 69040 ADVERTISING
118026 6/9/09 CARMEL PINE CONE $ 383.18 01 61051 ADVERTISING
118026 6/9/09 CARMEL PINE CONE $ 124.95 01 69040 ADVERTISING
118110 6/23/09 CARMEL PINE CONE $ 99.96 01 69040 ADVERTISING
118158 6/30/09 CARMEL PINE CONE $ 399.84 01 64040 ADVERTISING
----Vendor Total---- $ 1 ,149.54

118113 6/23/09 CBRE CONSULTING INC. $ 1 5,416.00 01 61051 FLANDERS PROPERTY ECONOMIC ANALYSIS PROJECT

118114 6/23/09 CDW-G GOVERNMENT INC. $ 1 ,564.85 01 87543 POLICE DEPT COMPUTER EQUIPMENT
118161 6/30/09 CDW-G GOVERNMENT INC. $ 1 ,164.61 01 67425 ADA LAPTOP FOR HARRISON MEMORIAL LIBRARY
----Vendor Total---- $ 2 ,729.46

118115 6/23/09 CEMEX $ 149.60 01 76045 MATERIALS/SUPPLIES

118028 6/9/09 CERTIFION CORP $ 1 ,019.40 01 74053 ENTERSECT ONLINE PROGRAM FOR POLICE DEPT

118188 6/30/09 CINDI L. MITCHELL $ 43.49 01 74095 REIMBURSEMENT FOR SUPPLIES

118162 6/30/09 CITY OF CARMEL $ 9 ,491.82 01 67424 SELF-FUNDED WORKERS COMP RUNOUT CLAIMS
118029 6/9/0
9 CITY OF MONTEREY $ 1 1,250.00 01 72053 MAY 2009 FIRE CHIEF/DUTY CHIEF SERVICES

118164 6/30/09 COAST OIL COMPANY $ 595.03 01 76047 AUTOMOTIVE PARTS/SUPPLIES

117961 5/26/09 COASTAL HEALTHCARE $ 137.50 01 60017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 41.00 01 64017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 19.00 01 65017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 300.00 01 67017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 47.50 01 69017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 19.00 01 70017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 114.00 01 72017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 1 ,048.50 01 74017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 333.00 01 76017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 28.50 01 78017 MEDICAL PROGRAM
117961 5/26/09 COASTAL HEALTHCARE $ 85.50 01 84017 MEDICAL PROGRAM
118030 6/9/09 COASTAL HEALTHCARE $ 80.00 01 64017 MEDICAL PROGRAM
118030 6/9/09 COASTAL HEALTHCARE $ 757.00 01 72017 MEDICAL PROGRAM
118030 6/9/09 COASTAL HEALTHCARE $ 1 ,054.20 01 74017 MEDICAL PROGRAM
118030 6/9/09 COASTAL HEALTHCARE $ 500.00 01 84017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 47.50 01 60017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 39.80 01 64017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 19.00 01 65017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 38.00 01 67017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 47.50 01 69017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 19.00 01 70017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 114.00 01 72017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 580.50 01 74017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 247.60 01 76017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 28.50 01 78017 MEDICAL PROGRAM
118082 6/16/09 COASTAL HEALTHCARE $ 85.50 01 84017 MEDICAL PROGRAM
118116 6/23/09 COASTAL HEALTHCARE $ 1.00 01 60017 MEDICAL PROGRAM
118116 6/23/09 COASTAL HEALTHCARE $ 83.00 01 64017 MEDICAL PROGRAM
118116 6/23/09 COASTAL HEALTHCARE $ 90.00 01 67017 MEDICAL PROGRAM
118116 6/23/09 COASTAL HEALTHCARE $ 70.00 01 70017 MEDICAL PROGRAM
118116 6/23/09 COASTAL HEALTHCARE $ 375.00 01 74017 MEDICAL PROGRAM
118116 6/23/09 COASTAL HEALTHCARE $ 82.00 01 76017 MEDICAL PROGRAM
118116 6/23/09 COASTAL HEALTHCARE $ 41.00 01 84017 MEDICAL PROGRAM
118163 6/30/09 COASTAL HEALTHCARE $ 617.00 01 64017 MEDICAL PROGRAM
118163 6/30/09 COASTAL HEALTHCARE $ 138.00 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 7 ,328.60

117994 6/2/09 COMCAST $ 93.95 01 65053 CONTRACTUAL SERVICES
118165 6/30/09 COMCAST $ 93.95 01 65053 CONTRACTUAL SERVICES
----Vendor Total---- $ 187.90

118117 6/23/09 COMMUNITY HOSPITAL OF THE MTRY PENINSULA $ 40.00 01 74053 CONTRACTUAL SERVICES

117962 5/26/09 CONGLETON ARCHITECT AIA $ 1 ,105.00 50 24050 HOMECRAFTERS FAIR-DESIGN PROFESSIONAL SERVICES

117995 6/2/09 COPIES BY-THE-SEA $ 139.14 01 64039 PRINTING
117995 6/2/09 COPIES BY-THE-SEA $ 153.99 01 69039 PRINTING
----Vendor Total---- $ 293.13

118031 6/9/09 COPY KING $ 770.25 01 61051 LITIGATION COPY EXPENSES
118167 6/30/09 COPY KING $ 113.66 01 89429 FOREST THEATER MASTER PLAN EXPENSES
----Vendor Total---- $ 883.91

117996 6/2/09 CORBIN WILLITS SYSTEM $ 820.84 01 65053 CONTRACTUAL SERVICES
118168 6/30/09 CORBIN WILLITS SYSTEM $ 950.79 01 65053 CONTRACTUAL SERVICES
----Vendor Total---- $ 1 ,771.63

117963 5/26/09 CSAC EXCESS INS AUTHORITY $ 570.90 01 67425 CLAIMS DEDUCTIBLE EXPENSE

118032 6/9/09 CYPRESS COAST FORD L/M $ 371.86 01 76049 EQUIPMENT MAINTENANCE
118118 6/23/09 CYPRESS COAST FORD L/M $ 1 ,382.26 01 76049 EQUIPMENT MAINTENANCE
118169 6/30/09 CYPRESS COAST FORD L/M $ 170.12 01 76049 EQUIPMENT MAINTENANCE
----Vendor Total---- $ 1 ,924.24

117997 6/2/09 DAK INDUSTRIES INC. $ 95.73 50 24050 COMMUNITY SPECIAL EVENTS

118018 6/2/09 DANIEL SILVERIE IV $ 756.25 50 24050 REFUND OF VOLUME DEPOSIT

118033 6/9/09 DAVE'S REPAIR SERVICE $ 80.00 01 76050 OUTSIDE LABOR

117964 5/26/09 DELL MARKETING L.P. $ 1 ,307.73 01 67170 COMPUTER EQUIPMENT FOR POLICE DEPT DISPATCH AREA

117965 5/26/09 DENISE DUFFY & ASSOCIATES $ 1 5,516.85 01 61051 FLANDERS PROPERTY EIR PROFESSIONAL SERVICES
118170 6/30/09 DENISE DUFFY & ASSOCIATES $ 3 6,072.10 01 61051 FLANDERS PROPERTY EIR PROFESSIONAL SERVICES
----Vendor Total---- $ 5 1,588.95

118119 6/23/09 DEPARTMENT OF JUSTICE $ 287.00 50 24050 DEPT OF JUSTICE LIVESCAN FEE

117999 6/2/09 DEWEY D. EVANS $ 200.00 01 63053 JUNE 2009 CITY TREASURER SERVICES

118171 6/30/09 DISTORTED VISIONS $ 389.70 01 74039 PRINTING

117966 5/26/09 DOCUTEC $ 190.00 01 65042 OFFICE MACHINE MAINTENANCE
117998 6/2/09 DOCUTEC $ 307.12 01 65042 OFFICE MACHINE MAINTENANCE
118034 6/9/09 DOCUTEC $ 75.78 01 65042 OFFICE MACHINE MAINTENANCE
118120 6/23/09 DOCUTEC $ 75.78 01 65042 OFFICE MACHINE MAINTENANCE
118120 6/23/09 DOCUTEC $ 38.93 01 74042 OFFICE MACHINE MAINTENANCE
----Vendor Total---- $ 687.61

118175 6/30/09 DONALD FREEMAN $ 1 ,494.75 01 20250 REPLACEMENT CHECK FOR LOST PAYROLL CHECK

118002 6/2/09 DONALD GOODHUE $ 883.75 50 24050 REFUND OF VOLUME DEPOSIT

118047 6/9/09 DONNA L. JOHNS $ 402.85 01 67425 CLAIM PAYMENT

118036 6/9/09 DROUGHT RESISTANT NURSERY $ 164.81 01 78045 MATERIAL/SUPPLIES
118121 6/23/09 DROUGHT RESISTANT NURSERY $ 199.23 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 364.04

118172 6/30/09 E. VALDEZ TREE SERVICE $ 6 ,700.00 01 78050 OUTSIDE LABOR

118037 6/9/09 ELECTRICAL DIST. COMPANY $ 13.76 01 70045 MATERIAL/SUPPLIES

118038 6/9/09 ELLIOTT DIAMOND INC $ 159.00 01 76047 AUTOMOTIVE PARTS/SUPPLIES

117968 5/26/09 EMBASSY SUITES-SAN FRANCISCO AIRPORT $ 279.72 01 64030 POLICE STAFF TRAVEL EXPENSES

118000 6/2/09 EWING IRRIGATION $ 401.78 01 76045 MATERIALS/SUPPLIES
118039 6/9/09 EWING IRRIGATION $ 709.85 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 1 ,111.63

117969 5/26/09 FAMILY HERITAGE INC. $ 6 ,129.02 02 55002 REFUND FOR HOTEL TAX OVERPAYMENT-JAN/FEB 2009

118040 6/9/09 FEDEX $ 20.35 01 61051 POSTAGE
118040 6/9/09 FEDEX $ 30.40 01 67032 POSTAGE
118040 6/9/09 FEDEX $ 23.40 01 72038 POSTAGE
----Vendor Total---- $ 74.15

118122 6/23/09 FERGUSON ENTERPRISES,INC.#679 $ 26.16 01 76045 MATERIALS/SUPPLIES
118173 6/30/09 FERGUSON ENTERPRISES,INC.#679 $ 45.67 01 70045 MATERIAL/SUPPLIES
----Vendor Total---- $ 71.83

118123 6/23/09 FIRECOM $ 62.13 50 24050 FIRE DEPT EQUIPMENT

118174 6/30/09 FIREFREEZE WORLDWIDE, INC. $ 874.60 01 72057 SAFETY EQUIPMENT

118084 6/16/09 GALLI UNIFORM COMPANY $ 989.50 01 74031 CLOTHING EXPENSE

118001 6/2/09 GALL'S, INC. $ 452.62 01 74057 SAFETY EQUIPMENT

117981 5/26/09 GEORGE RAWSON $ 16.25 01 74095 REIMBURSEMENT FOR OPERATIONAL SUPPLIES

118195 6/30/09 GIANNA ROCHA $ 315.00 01 61051 TRANSCRIPTION SERVICES FOR FLANDERS MANSION

118004 6/2/09 GRANICUS, INC. $ 521.90 01 65053 CONTRACTUAL SERVICES

118003 6/2/09 GRANITE ROCK COMPANY $ 138.14 01 76045 MATERIALS/SUPPLIES
118177 6/30/09 GRANITE ROCK COMPANY $ 1 ,789.11 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 1 ,927.25

118041 6/9/09 GREEN VALLEY LANDSCAPE INC. $ 2 ,550.00 01 89636 4TH AVE RIPARIAN RESTORATION PROJECT-MAINTENANCE EXP

118124 6/23/09 HARRY B. ROBINS JR. $ 240.00 01 74053 CONTRACTUAL SERVICES

117971 5/26/09 HINDERLITER, DE LLAMAS $ 975.00 01 67053 SALES TAX CONTRACTUAL SERVICES
117971 5/26/09 HINDERLITER, DE LLAMAS $ 520.05 01 67400 SALES TAX AUDIT SERVICES
----Vendor Total---- $ 1 ,495.05

118043 6/9/09 HOME DEPOT/GECF $ 132.46 01 70045 MATERIAL/SUPPLIES
118043 6/9/09 HOME DEPOT/GECF $ 33.70 01 70054 TOOLS/EQUIPMENT
----Vendor Total---- $ 166.16

117972 5/26/09 IKON OFFICE SOLUTIONS $ 41.00 01 64042 OFFICE MACHINE SUPPLIES
117972 5/26/09 IKON OFFICE SOLUTIONS $ 31.35 01 72053 CONTRACTUAL SERVICES
118044 6/9/09 IKON OFFICE SOLUTIONS $ 532.71 01 64053 CONTRACTUAL SERVICES
118179 6/30/09 IKON OFFICE SOLUTIONS $ 372.96 01 64053 CONTRACTUAL SERVICES
118179 6/30/09 IKON OFFICE SOLUTIONS $ 355.43 01 74053 CONTRACTUAL SERVICES
----Vendor Total---- $ 1 ,333.45

117973 5/26/09 IMAGE SALES $ 121.51 01 74039 PRINTING

118045 6/9/09 INNS-BY-THE-SEA $ 50.70 02 55002 REFUND FOR HOTEL TAX OVERPAYMENT

117974 5/26/09 IVERSON TREE SERVICE $ 25.00 01 33626 REFUND OF TREE REMOVAL PERMIT-DUPLICATE PAYMENT
118125 6/23/09 IVERSON TREE SERVICE $ 1 ,000.00 01 78050 OUTSIDE LABOR
----Vendor Total---- $ 1 ,025.00

118019 6/2/09 JAMES SOMMERVILLE INC. $ 3 3,516.00 01 76050 OUTSIDE LABOR

118097 6/16/09 JAN ROEHL $ 2 ,175.00 01 64051 GRANT WRITING PROFESSIONAL SERVICES

118180 6/30/09 JNM AUTOMATION $ 95.00 01 70050 OUTSIDE LABOR

117970 5/26/09 JOEL FRANKLIN $ 2 8,741.44 01 61051 FLANDERS LITIGATION LEGAL EXPENSES

117975 5/26/09 JOHN LEY'S TREE SERVICE $ 720.00 01 78050 OUTSIDE LABOR
118046 6/9/09 JOHN LEY'S TREE SERVICE $ 1 ,145.00 01 78050 OUTSIDE LABOR
118181 6/30/09 JOHN LEY'S TREE SERVICE $ 610.00 01 78050 OUTSIDE LABOR
----Vendor Total---- $ 2 ,475.00

118089 6/16/09 JOHN MOORE $ 1 ,330.00 50 24050 REFUND OF VOLUME DEPOSIT

118176 6/30/09 JOYCE GIUFFRE $ 38.50 01 64030 MILEAGE REIMBURSEMENT

118006 6/2/09 KAR TUNES $ 505.73 50 24050 FIRE DEPT EQUIPMENT

118126 6/23/09 KENNEDY, ARCHER & HARRAY $ 6 ,261.24 01 61051 LEGAL PROFESSONAL SERVICES

117976 5/26/09 KNA GENERAL CONSTRUCTION $ 1 ,100.00 01 70050 LIBRARY PARK BRANCH REPAIRS

118048 6/9/09 KNAPP MILL & CABINET CO. $ 132.99 01 70045 MATERIAL/SUPPLIES
118048 6/9/09 KNAPP MILL & CABINET CO. $ 141.25 01 76045 MATERIALS/SUPPLIES
118182 6/30/09 KNAPP MILL & CABINET CO. $ 141.76 01 70045 MATERIAL/SUPPLIES
118182 6/30/09 KNAPP MILL & CABINET CO. $ 49.76 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 465.76

118128 6/23/09 L.N. CURTIS & SONS $ 134.23 01 72057 SAFETY EQUIPMENT
118184 6/30/09 L.N. CURTIS & SONS $ 1 ,864.34 01 72057 SAFETY EQUIPMENT
----Vendor Total---- $ 1 ,998.57

118127 6/23/09 LARRY MENKE INC $ 344.30 01 76049 EQUIPMENT MAINTENANCE

118007 6/2/09 LIEBERT CASSIDY WHITMORE $ 392.00 01 61051 LEGAL PROFESSONAL SERVICES

118049 6/9/09 LIU OF NA $ 1 ,455.12 01 21285 RETIREMENT
118049 6/9/09 LIU OF NA $ 187.20 01 65016 RETIREMENT
118049 6/9/09 LIU OF NA $ 187.20 01 67016 RETIREMENT
118049 6/9/09 LIU OF NA $ 748.80 01 69016 RETIREMENT
118049 6/9/09 LIU OF NA $ 187.20 01 70016 RETIREMENT
118049 6/9/09 LIU OF NA $ 1 ,497.60 01 76016 RETIREMENT
118049 6/9/09 LIU OF NA $ 374.40 01 78016 RETIREMENT
118049 6/9/09 LIU OF NA $ 1 ,081.53 01 84016 RETIREMENT
----Vendor Total---- $ 5 ,719.05

118185 6/30/09 LYNX TECHNOLOGIES $ 731.76 01 72050 OUTSIDE LABOR

118050 6/9/09 M.J.MURPHY $ 100.59 01 76045 MATERIALS/SUPPLIES

118186 6/30/09 MAINSTAY BUSINESS SOLUTIONS $ 764.58 01 76050 OUTSIDE LABOR

118202 6/30/09 MARC WIENER $ 85.25 01 64030 MILEAGE REIMBURSEMENT

118051 6/9/09 MARINA BACKFLOW COMPANY $ 160.00 01 76050 OUTSIDE LABOR
118129 6/23/09 MARINA BACKFLOW COMPANY $ 120.00 01 76050 OUTSIDE LABOR
----Vendor Total---- $ 280.00

118187 6/30/09 MARTIN'S IRRIGATION $ 82.46 01 76045 MATERIALS/SUPPLIES

118052 6/9/09 MCSHANE'S NURSERY & LANDS $ 173.18 50 24050 SUPPLIES FOR LANSCAPING PROJECT

117977 5/26/09 MELVIN MUKAI $ 199.10 01 64030 POLICE STAFF TRAVEL EXPENSES
118131 6/23/09 MELVIN MUKAI $ 39.79 01 64030 POLICE STAFF TRAVEL EXPENSES
----Vendor Total---- $ 238.89

118095 6/16/09 MICHAEL K. RACHEL $ 2 ,550.00 01 69051 BLDG OFFICIAL PROFESSIONAL SERVICES

118053 6/9/09 MISSION UNIFORM SERVICE $ 312.64 01 76031 CLOTHING EXPENSE
118053 6/9/09 MISSION UNIFORM SERVICE $ 87.22 01 76053 CONTRACTUAL SERVICES
118053 6/9/09 MISSION UNIFORM SERVICE $ 88.24 01 78031 CLOTHING EXPENSE
----Vendor Total---- $ 488.10

118057 6/9/09 MONTEREY BAY PLANNING SERVICES $ 6 ,768.62 01 61051 PLAZA DEL MAR & FLANDERS MANSION PLANNING SERVICES

118055 6/9/09 MONTEREY COUNTY CONVENTION & VISITORS BUREAU $ 90.00 01 64030 MCCVB ANNUAL LUNCHEON EXPENSES
118087 6/16/09 MONTEREY COUNTY CONVENTION & VISITORS BUREAU $ 1 8,313.51 01 20260 TOURISM IMPRVMT DISTRICT FEES FOR MAR/APR 2009
----Vendor Total---- $ 18,403.51

118130 6/23/09 MONTEREY COUNTY BUSINESS $ 110.32 01 74053 CONTRACTUAL SERVICES

118088 6/16/09 MONTEREY COUNTY CLERK $ 2 ,043.00 01 88405 DEL MAR/N. DUNES MASTER PLAN PROJECT EXPENSES

118009 6/2/09 MONTEREY COUNTY RECORDER $ 16.00 01 64032 PERMITS,LICENSES & FEES

118054 6/9/09 MONTEREY TIRE SERVICE $ 18.73 01 76048 TIRES/TUBES

118008 6/2/09 MONTRY BAY TELEPHONE SERV $ 140.00 01 72036 TELEPHONE

118086 6/16/09 MTY COUNTY TELECOMM $ 66.00 01 74053 CONTRACTUAL SERVICES

118058 6/9/09 MUNICIPAL MAINT EQUIP,INC $ 485.96 01 76047 AUTOMOTIVE PARTS/SUPPLIES

118059 6/9/09 NANCY'S MID VLY FLORIST $ 54.13 01 60095 OPERATIONAL SUPPLIES/SERVICES

118010 6/2/09 NEILL ENGINEERS CORP. $ 150.00 01 62053 CONTRACTUAL SERVICES

118011 6/2/09 NEW IMAGE LANDSCAPE CO. $ 2 ,937.50 01 76053 CONTRACTUAL SERVICES
118132 6/23/09 NEW IMAGE LANDSCAPE CO. $ 2 ,937.50 01 76053 CONTRACTUAL SERVICES
----Vendor Total---- $ 5 ,875.00

118012 6/2/09 NEXTEL COMMUNICATIONS $ 56.76 01 64036 TELEPHONE
118012 6/2/09 NEXTEL COMMUNICATIONS $ 279.29 01 65036 TELEPHONE
118012 6/2/09 NEXTEL COMMUNICATIONS $ 161.22 01 70036 TELEPHONE
118012 6/2/09 NEXTEL COMMUNICATIONS $ 91.42 01 72036 TELEPHONE
118012 6/2/09 NEXTEL COMMUNICATIONS $ 401.84 01 74036 TELEPHONE
118012 6/2/09 NEXTEL COMMUNICATIONS $ 100.12 01 76036 TELEPHONE
118012 6/2/09 NEXTEL COMMUNICATIONS $ 29.26 01 78036 TELEPHONE
118012 6/2/09 NEXTEL COMMUNICATIONS $ 35.78 01 82036 TELEPHONE
----Vendor Total---- $ 1 ,155.69

118133 6/23/09 NIELSEN BROS. MARKET,INC. $ 20.00 50 24050 SENIORS-HELPING SENIORS PROGRAM

118090 6/16/09 OCCU-MED LTD. $ 500.00 01 67425 EMPLOYMENT EXAMS QUALITY ASSURANCE CONTRACTUAL SERVICES

117978 5/26/09 OFFICE DEPOT, INC. $ 313.20 01 72042 OFFICE MACHINE SUPPLIES
118013 6/2/09 OFFICE DEPOT, INC. $ 206.90 01 74042 OFFICE MACHINE SUPPLIES
118091 6/16/09 OFFICE DEPOT, INC. $ 591.32 01 65042 OFFICE MACHINE SUPPLIES
118134 6/23/09 OFFICE DEPOT, INC. $ 113.73 01 69042 OFFICE MACHINE SUPPLIES
118134 6/23/09 OFFICE DEPOT, INC. $ 21.63 01 69043 OFFICE SUPPLIES
118189 6/30/09 OFFICE DEPOT, INC. $ 83.38 01 64043 OFFICE SUPPLIES
118189 6/30/09 OFFICE DEPOT, INC. $ 22.39 01 67043 OFFICE SUPPLIES
118189 6/30/09 OFFICE DEPOT, INC. $ 40.33 01 82043 OFFICE SUPPLIES
----Vendor Total---- $ 1 ,392.88

118014 6/2/09 ORCHARD SUPPLY $ 270.40 01 76045 MATERIALS/SUPPLIES
118014 6/2/09 ORCHARD SUPPLY $ 21.54 01 76054 TOOLS/EQUIPMENT
118060 6/9/09 ORCHARD SUPPLY $ 205.97 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 497.91

118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 536.53 01 64026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 55.37 01 70026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 667.89 01 72026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 1 ,448.93 01 74026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 1 ,418.40 01 76026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 54.04 01 78026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 323.58 01 82026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 2 ,121.43 01 84026 UTILITIES
118092 6/16/09 PACIFIC GAS & ELECTRIC CO $ 220.75 60 81026 UTILITIES
----Vendor Total---- $ 6 ,846.92

118020 6/2/09 PAUL TOMASI $ 81.21 01 74057 REIMBURSEMENT FOR SAFETY EQUIPMENT

118062 6/9/09 PENINSULA BUILDING MATERIALS CO $ 2 ,804.22 01 89639 FOREST STUDY IMPLEMENTATION EXPENSES

118061 6/9/09 PENINSULA MESSENGER SERVICE $ 4 ,290.00 01 64204 MAIL SERVICE CONTRACT
118015 6/2/09 PETTY CASH $ 11.57 01 72038 POSTAGE

118015 6/2/09 PETTY CASH $ 60.07 01 72095 OPERATIONAL SERVICES/SUPPLIES
118093 6/16/09 PETTY CASH $ 74.06 01 72095 OPERATIONAL SERVICES/SUPPLIES
118191 6/30/09 PETTY CASH $ 3.35 01 72038 POSTAGE
118191 6/30/09 PETTY CASH $ 27.60 01 72057 SAFETY EQUIPMENT
118094 6/16/09 PETTY CASH - RECREATION $ 37.64 50 24050 COMMUNITY SPECIAL EVENTS
118192 6/30/09 PETTY CASH - RECREATION $ 82.28 50 24050 COMMUNITY SPECIAL EVENTS
118190 6/30/09 PETTY CASH-ADMINISTRATION $ 55.19 01 60095 OPERATIONAL SUPPLIES/SERVICES
118190 6/30/09 PETTY CASH-ADMINISTRATION $ 139.00 01 64030 TRAINING/PERSONAL EXP.
118190 6/30/09 PETTY CASH-ADMINISTRATION $ 16.00 01 64038 POSTAGE
----Vendor Total---- $ 506.76

117979 5/26/09 PITNEY BOWES $ 81.13 01 64038 POSTAGE
118135 6/23/09 PITNEY BOWES $ 670.11 01 88818 POSTAGE METER LEASE PAYMENT
----Vendor Total---- $ 751.24

118063 6/9/09 POSTMASTER $ 100.00 01 69033 ANNUAL BOX FEES

118064 6/9/09 PROFESSIONAL PROP MAINT $ 6 ,842.52 01 70053 CONTRACTUAL SERVICES

118065 6/9/09 PROPERTY SERV/MAINTENANCE $ 122.50 01 76045 MATERIALS/SUPPLIES
118065 6/9/09 PROPERTY SERV/MAINTENANCE $ 1 ,120.00 01 76053 CONTRACTUAL SERVICES
118136 6/23/09 PROPERTY SERV/MAINTENANCE $ 43.58 01 76045 MATERIALS/SUPPLIES
118136 6/23/09 PROPERTY SERV/MAINTENANCE $ 1 ,040.00 01 76053 CONTRACTUAL SERVICES
----Vendor Total---- $ 2 ,326.08

118016 6/2/09 PUBLIC SAFETY CENTER INC. $ 25.16 50 24050 FIRE DEPT EQUIPMENT

117980 5/26/09 PUBLIC STORAGE $ 286.00 01 67053 CONTRACTUAL SERVICES

118193 6/30/09 QUINN COMPANY $ 83.52 01 76047 AUTOMOTIVE PARTS/SUPPLIES

118066 6/9/09 R&B EXCAVATING, INC. $ 3 ,800.00 01 89640 CARMEL BEACH SAND REPLENISHMENTS

118096 6/16/09 R.F. MCCANN & COMPANY ARCHITECTS $ 3 3,226.86 01 89429 FOREST THEATER MASTER PLAN PROJECT DESIGN SERVICES

118183 6/30/09 RACHELLE D. LIGHTFOOT $ 199.25 01 64030 TUITION REIMBURSEMENT

118137 6/23/09 RANCHO CAR WASH $ 70.55 01 74050 OUTSIDE LABOR

118067 6/9/09 RBF CONSULTING $ 2 0,574.36 01 88401 GENERAL PLAN PROJECT
118067 6/9/09 RBF CONSULTING $ 3 ,850.40 01 88406 GENERAL PLAN HOUSING ELEMENT PROJECT
----Vendor Total---- $ 2 4,424.76

118068 6/9/09 RENTAL DEPOT - MONTEREY $ 109.25 01 78041 RENT/LEASE EQUIPMENT

118042 6/9/09 RICH GUILLEN $ 257.24 01 64030 REIMBURSEMENT FOR MAYORS' LUNCHEON MEETING EXPENSES

118085 6/16/09 ROBERT LITTELL ARCHITECT $ 170.00 50 24050 VOLUME STUDY

118005 6/2/09 ROBERT S. JAQUES $ 4 ,450.00 01 76055 STORM WATER RUNOFF PROGRAM EXPENSES

118194 6/30/09 ROBERTSON FAMILY, LLC $ 1 ,330.00 50 24050 REFUND OF VOLUME DEPOSIT

117967 5/26/09 RYAN RANCH PRINTERS $ 58.46 01 74039 PRINTING
118083 6/16/09 RYAN RANCH PRINTERS $ 58.46 01 69039 PRINTING
----Vendor Total---- $ 116.92

118098 6/16/09 SAFETYLINE $ 229.84 50 24050 COMMUNITY SPECIAL EVENTS
118196 6/30/09 SAFETYLINE $ 88.99 01 82055 COMMUNITY ACTIVITIES
----Vendor Total---- $ 318.83

118099 6/16/09 SAFEWAY $ 35.93 01 67428 EMPLOYEE RECOGNITION

118017 6/2/09 SANTA RITA, LLC $ 692.50 50 24050 REFUND OF VOLUME DEPOSIT

118198 6/30/09 SCHOOL OUTFITTERS $ 467.44 01 72095 OPERATIONAL SERVICES/SUPPLIES

118166 6/30/09 SEAN CONROY $ 11.00 01 64030 MILEAGE REIMBURSEMENT

118139 6/23/09 SENTRY ALARM SYSTEMS $ 4 ,074.32 01 72053 CONTRACTUAL SERVICES

117982 5/26/09 SINGULAR COMMUNICATIONS, LLC $ 4 ,510.00 01 64051 CITY MARKETING EXPENSES

118140 6/23/09 SIRCHIE FINGER PRINT LABS $ 514.06 01 74054 EQUIPMENT/SUPPLIES

118069 6/9/09 SKIPS ONE STOP MONTEREY $ 20.98 01 76047 AUTOMOTIVE PARTS/SUPPLIES

118178 6/30/09 STEPHEN HINTON, CSS $ 6 ,395.00 01 87543 POLICE DEPT SURVEILLANCE VIDEO

117983 5/26/09 SUMMIT UNIFORMS $ 196.65 01 74031 CLOTHING EXPENSE

118101 6/16/09 SUMMIT UNIFORMS $ 673.78 01 74031 CLOTHING EXPENSE
118141 6/23/09 SUMMIT UNIFORMS $ 799.71 01 74031 CLOTHING EXPENSE
----Vendor Total---- $ 1 ,670.14

118035 6/9/09 THE DRAWING BOARD $ 379.94 01 74039 PRINTING

118142 6/23/09 THOMSON WEST $ 392.41 01 61034 DOCUMENTS/PUBLICATIONS

118070 6/9/09 TIGERLILLY FLORIST&GIFTS $ 138.56 01 64055 COMMUNITY ACTIVITIES

118071 6/9/09 TONY'S FRAME SHOP $ 70.37 01 64095 OPERATIONAL SERVICE/SUPPLIES

118072 6/9/09 TOPE'S TREE SERVICE $ 2 ,400.00 01 78050 OUTSIDE LABOR

118102 6/16/09 TRAINING INNOVATIONS, INC $ 575.00 01 74053 CONTRACTUAL SERVICES

118021 6/2/09 TRISTAR RISK MANAGEMENT $ 3 ,432.12 01 20200 REFUND FOR WORKERS COMP PAYMENT PAID TO CITY IN ERROR
118021 6/2/09 TRISTAR RISK MANAGEMENT $ 21.00 01 64019 WORKERS COMPENSATION INSURANCE
118021 6/2/09 TRISTAR RISK MANAGEMENT $ 84.00 01 70019 WORKERS COMPENSATION INSURANCE
118021 6/2/09 TRISTAR RISK MANAGEMENT $ 210.00 01 72019 WORKERS COMPENSATION INSURANCE
118021 6/2/09 TRISTAR RISK MANAGEMENT $ 1 ,554.00 01 74019 WORKERS COMPENSATION INSURANCE
118021 6/2/09 TRISTAR RISK MANAGEMENT $ 147.00 01 76019 WORKERS COMPENSATION INSURANCE
118021 6/2/09 TRISTAR RISK MANAGEMENT $ 84.00 01 84019 WORKERS COMPENSATION INSURANCE
----Vendor Total---- $ 5 ,532.12

118022 6/2/09 TRUCKSIS ENTERPRISES,INC. $ 360.00 01 69055 COMMUNITY ACTIVITIES

118143 6/23/09 ULTRAMAX $ 1 ,134.00 01 74057 SAFETY EQUIPMENT

118023 6/2/09 VALLEY PACIFIC PETROLEUM SERVICES $ 703.54 01 76047 AUTOMOTIVE PARTS/SUPPLIES

118073 6/9/09 VALLEY SAW & GARDEN EQUIP $ 459.80 01 76049 EQUIPMENT MAINTENANCE
118073 6/9/09 VALLEY SAW & GARDEN EQUIP $ 102.09 01 78054 TOOLS/EQUIPMENT
----Vendor Total---- $ 561.89

118074 6/9/09 VAPOR CLEANERS INC $ 14.50 01 74050 OUTSIDE LABOR

118024 6/2/09 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 2 ,167.50 50 24050 VOLUME STUDIES
118199 6/30/09 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 531.25 50 24050 VOLUME STUDIES
----Vendor Total---- $ 2 ,698.75

118075 6/9/09 VERIZON WIRELESS $ 34.51 01 60036 TELEPHONE
118075 6/9/09 VERIZON WIRELESS $ 54.13 01 64036 TELEPHONE
----Vendor Total---- $ 88.64

118103 6/16/09 VNA-COMMUNITY SERVICES $ 240.00 01 67130 EMPLOYEE IMMUNIZATION PROGRAM

118148 6/23/09 W PAUL WOOD $ 1 ,175.00 01 67400 HOTEL TAX ANNUAL AUDITS

118203 6/30/09 W THOMAS WILSON II $ 1 ,138.75 50 24050 REFUND OF VOLUME DEPOSIT

118144 6/23/09 WASSON'S CLEANING SVCS. $ 1 ,000.23 01 74053 CONTRACTUAL SERVICES

117984 5/26/09 WELLS FARGO (CREDIT CARD) $ 205.95 01 65045 INFORMATION SYSTEM SUPPLIES
118104 6/16/09 WELLS FARGO (CREDIT CARD) $ 196.42 01 70045 MATERIAL/SUPPLIES
118145 6/23/09 WELLS FARGO (CREDIT CARD) $ 20.98 01 65045 MATERIALS/SUPPLIES
118145 6/23/09 WELLS FARGO (CREDIT CARD) $ 126.95 01 65053 CONTRACTUAL SERVICES
118146 6/23/09 WELLS FARGO (CREDIT CARD) $ 37.83 01 67043 OFFICE SUPPLIES
----Vendor Total---- $ 588.13

117985 5/26/09 WEST COAST ARBORISTS INC $ 1 ,712.00 01 78053 GRID PRUNING CONTRACTUAL SERVICES
118147 6/23/09 WEST COAST ARBORISTS INC $ 6 ,420.00 01 78053 GRID PRUNING CONTRACTUAL SERVICES
118200 6/30/09 WEST COAST ARBORISTS INC $ 3 ,584.50 01 78050 GRID PRUNING CONTRACTUAL SERVICES
118200 6/30/09 WEST COAST ARBORISTS INC $ 6 ,794.50 01 78053 GRID PRUNING CONTRACTUAL SERVICES
----Vendor Total---- $ 1 8,511.00

118201 6/30/09 WEST COAST POLICE & FIRE $ 638.70 01 74050 VEHICLE MAINTENANCE

118076 6/9/09 WINNERS AWARDS & ENGRAVER $ 27.06 01 60095 OPERATIONAL SUPPLIES/SERVICES

118149 6/23/09 ZEE MEDICAL SERVICE CO. $ 15.10 01 69043 OFFICE SUPPLIES
118204 6/30/09 ZEE MEDICAL SERVICE CO. $ 89.85 01 76057 SAFETY EQUIPMENT
----Vendor Total---- $ 104.95

118150 6/23/09 ZURICH NORTH AMERICA $ 664.00 01 67425 UNDERGROUND STORAGE TANK INSURANCE POLICY

249 Checks Total: $466,327.07

CITY COUNCIL: Resolution Amending Agreement with Denise Duffy & Associates for Flanders Mansion Property EIR

Meeting Date: 2 June 2009
Prepared by: Joyce Giuffre, Administrative Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution amending the agreement with Denise Duffy & Associates to prepare an environmental impact report for the Flanders Property in an amount not to exceed $72,572.

Description: The contract for Denise Duffy & Associates, dated July 25, 2008, outlined the preparation of an EIR using existing information on the property and from the Flanders Property Final EIR, dated August 2005. The scope of work included defining parameters for project description; preparing an administrative draft of the EIR for comment by staff; preparing a draft EIR for public circulation; preparing responses to comments on the draft EIR; and attending public hearings.

On March 6, 2009, Denise Duffy & Associates submitted a Contract Amendment that included meeting attendance, preparation of environmental documents and project
management, in amount not to exceed $9,500, as outlined in Attachment “A”.

On March 12, 2009, Denise Duffy & Associates submitted a second Contract Amendment that included additional tasks associated with the Final Recirculated Draft Environmental Impact Report on the Flanders Property, in an amount not to exceed
$32,000, as outlined in Attachment “B”.

Finally, on May 8, 2009, Denise Duffy & Associates requested a third Contract Amendment for further additional professional services in connection with the Final
Recirculated Draft Environmental Impact Report on the Flanders Property, in an amount not to exceed $36,072.

Overall Cost:
City Funds: $77,572.00 (Account 01-61051-0040).
Funds to be transferred from the General Operating Reserve.

Staff Recommendation: Adopt the Resolution.

Important Considerations: The original contract for Denise Duffy & Associates, dated July 25, 2008, was not to exceed $67,000 to prepare an EIR to provide a comprehensive project description and list all the appropriate project objectives and alternatives that are required under CEQA.

Decision Record: Adopted Resolution 2008-49, approving an agreement with Denise Duffy & Associates, to prepare an EIR in an amount not to exceed $67,000.

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 AMENDING THE AGREEMENT WITH DENISE DUFFY & ASSOCIATES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE FLANDERS PROPERTY IN AN AMOUNT NOT TO EXCEED $77,572

WHEREAS, Denise Duffy & Associates (DDA) is a qualified environmental firm that prepares Environmental Impact Reports; and

WHEREAS, the City has contracted with DDA to prepare a final EIR for the Flanders Property; and

WHEREAS, DDA is familiar with the Flanders property and will provide continuity in preparing the final draft EIR; and

WHEREAS, DDA submitted two Contract Amendments to provide the additional services outlined in Attachments “A” and “B”.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the execution of the DDA contract amendment dated March 6th, 2009 in the amount of $9,500 (see Attachment “A”).

2. Authorize the execution of the DDA contract amendment dated March 12th, 2009 in the amount of $32,000 (see Attachment “B”).

3. Authorize the execution of the DDA contract amendment invoice dated May 8, 2009
in the amount of $36,072.

4. Authorize payment for the professional services rendered in the agreements from
Account 01-61051-0040 and transfer funds in the amount of $77,572 from the
General Operating Reserve.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June, 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 Agreement with CB Richard Ellis Consulting for Final Economic Analysis, Appraisal & Phase II Flanders Mansion

Meeting Date: 2 June 2009
Prepared by: Joyce Giuffre, Administrative Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc. (CBRE) for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.

Description: CB Richard Ellis Consulting (CBRE) will complete the final economic analysis, appraisal and Phase II, as detailed in Attachment “A”.

Overall Cost:
City Funds: $23,000 plus expenses (Account 01-61051-0040).
These funds will be transferred from the General Operating Reserve.

Staff Recommendation: Adopt the Resolution.

Important Considerations: CBRE’s original contract, effective July 21, 2008, was for $40,000 to provide the economic analysis for the Flanders Property. On October 21, 2008, CBRE received an additional $5,000 for further professional services related to the economic analysis of the Flanders property.

Decision Record: Resolution 2008-50, approving preparation of economic analysis for the Flanders property; Resolution 2007-71, decertifying the EIR for the Sale of Flanders Property.

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 ENTERING INTO AN AGREEMENT WITH CB RICHARD ELLIS CONSULTING, INC. (CBRE) FOR COMPLETION OF THE FINAL ECONOMIC ANALYSIS, APPRAISAL AND PHASE II OF THE FLANDERS PROPERTY IN THE AMOUNT OF $23,000 PLUS EXPENSES.

WHEREAS, CB Richard Ellis Consulting (CBRE) is a full-service real estate and urban economics consulting firm; and

WHEREAS, CBRE’s original contract dated July 21, 2008, was for $40,000 to provide economic analysis for the Flanders Property; and

WHEREAS, on October 21, 2008, CBRE received an additional $5,000 for professional services related to the Flanders Property Economic Analysis; and

WHEREAS, CBRE will complete the final economic analysis and appraisal and Phase II, as detailed in Attachment “A”, in an amount not to exceed $23,000 plus expenses.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the execution of the CBRE Consulting agreement dated March 2, 2009, in an amount of $23,000 plus expenses, for the continued economic analysis of the
Flanders property.

2. Authorize payment for the professional services rendered in the agreement from the Account No. 01-61051-0040 and transfer from the General Operating Reserve in the amount of $23,000.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June, 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 Accepting Nichols Consulting Engineers Proposal for Update to Construction Truck Impact Fee Study

Meeting Date: June 2, 2009
Prepared by: Joyce Giuffre, Admin Services Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

Description: In February 2008, a Construction Truck Impact Fee Study prepared by Nichols Consulting Engineers (NCE) was presented to the City Council. The study included statistics from traffic counts conducted in the City of Monterey. To update the study with construction traffic activity in Carmel-by-the-Sea, the City requested that NCE submit a proposal for traffic and classifications counts. NCE’s proposal is outlined in Exhibit “A”. The information gleaned from the traffic counts will be used to update the Construction Truck Impact Fee report. The City Council then may consider implementing a construction truck impact fee to raise monies for streets and roads affected by construction truck activity. The fee would be assessed to builders as they apply for construction building permits.

Overall Cost: City Funds: $11,600, funded from Administration Department Professional Services Account 01-64051.

Staff Recommendation: Approve the Resolution.

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

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

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A PROPOSAL FROM NICHOLS CONSULTING ENGINEERS FOR TRAFFIC AND CLASSIFICATION COUNTS
AND AN UPDATE TO THE CONSTRUCTION TRUCK IMPACT FEE STUDY IN AN AMOUNT NOT TO EXCEED $11,600

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

WHEREAS, the City desires to contract with Nichols Consulting Engineers to update the study by conducting traffic and classification counts in an amount not to exceed $11,600; and

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

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Accept the proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600, to be funded from account 01-64051.

PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF CARMEL-BY-THE SEA this 2nd day of June 2009, by the following roll call vote:

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

SIGNED,

_________________________
Heidi Burch, City Clerk


_________________________
ATTEST: SUE McCLOUD, MAYOR

CITY COUNCIL: Ordinance Designation City Administrator as Director of Emergency Services

Police Commander

City Council
Agenda Item Summary

Name: Consideration of an Ordinance deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

Description: On December 2, 2008, the City Council approved Carmel’s Emergency Operations Center (CEOC) plan, which was updated to ensure compliance with federal and state guidelines designed to assist the City’s emergency management system. The Director of Emergency Services for the CEOC is the City Administrator or the Public Safety Director, in his absence.

Carmel Municipal Code Section 2.64.050 lists the Mayor as the Director of Emergency Services and Section 2.64.080 gives responsibility for development of the City’s emergency plan to the Disaster Council. Amending these sections will grant authority for emergency management to the City Administrator, which conforms to the CEOC Plan approved by Council.

Overall Cost: N/A

Staff Recommendation: Staff recommends that City Council eliminate Municipal Code Sections 2.64.030 and 2.64.040, and amend sections 2.64.050 and 2.64.080 to transfer responsibility from the Mayor to the City Administrator as the Director of Emergency Services.

Important Considerations: Eliminating the two Municipal Code sections and amending Sections 2.64.050 and 2.64.080 will establish the appropriate staffing level for the CEOC command.

Decision Record: At its meeting of May 5, 2009, City Council adopted this ordinance on first reading.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
MIKE CALHOUN, POLICE COMMANDER
DATE: JUNE 2, 2009
SUBJECT: SECOND READING OF AN ORDINANCE DELETING SECTIONS 2.64.030 AND 2.64.040 AND AMENDING SECTIONS 2.64.050 AND 2.64.080 OF THE CARMEL MUNICIPAL CODE TO DESIGNATE THE CITY ADMINISTRATOR AS THE DIRECTOR OF EMERGENCY SERVICES

I. RECOMMENDED MOTION:
Adopt the Ordinance deleting Municipal Code Sections 2.64.030 and 2.64.040, and amending 2.64.050 and 2.64.080 of the Municipal Code to better reflect emergency management responsibilities in the City.

II. BACKGROUND:
On December 2, 2008, the City Council approved Carmel’s Emergency Operations Center (CEOC) plan, which was updated to ensure compliance with federal and state guidelines related to emergency management in the City. The command section of the CEOC is charged with the overall management of disaster response and recovery operations for the City of Carmel-by-the-Sea.

The Director of Emergency Services (City Administrator) or the Assistant Director of Emergency Services (Director of Public Safety) leads the Command Section and the CEOC staff. With the adoption of the plan, there would be no need for a Disaster Council, as outlined in sections 2.64.030 and 2.64.040, since the Director of Emergency Services and the Assistant Director of Emergency Services would oversee and manage all disaster response.

Amending Municipal Code Section 2.64.050 will transfer the responsibility for emergency services from the Mayor to the City Administrator as the Director of Emergency Services. Amending Section 2.64.080 will grant authority for developing the City’s emergency plan to the City Administrator (or the Public Safety Director in his absence) and will eliminate the Disaster Council.

III. STAFF REVIEW:
Staff concurs with deletion of Sections 2.64.030 and 2.64.040 pertaining to the Disaster Council membership and its powers and duties, and with amending Section 2.64.050 and 2.64.080 to reflect that the City Administrator, not the Mayor, is the Director of Emergency Services and has the power to develop and manage the City’s emergency response plan. These changes reflect the revisions to Carmel’s Emergency Operations Center (CEOC) plan, as approved by Council in December 2008. City Council considered and adopted this change to the Municipal Code on first reading at it meeting of May 5, 2009.

IV. FISCAL IMPACT:
None

V. SUMMARY:
Adopting this ordinance will establish the appropriate staffing level for the CEOC command section and will update the Carmel Municipal Code as outlined in the CEOC policy and guidelines.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DELETING SECTIONS 2.64.030 AND 2.64.040 AND AMENDING SECTIONS 2.64.050 AND 2.64.080 OF THE CARMEL MUNICIPAL CODE TO DESIGNATE THE CITY ADMINISTRATOR AS THE DIRECTOR OF EMERGENCY SERVICES
________________________________________________________________________
WHEREAS, the City Council approved Carmel’s updated Emergency Operations Center (CEOC) plan, to ensure compliance with federal and state guidelines related to emergency management in the City; and

WHEREAS, the command section of the CEOC is charged with the overall management of disaster response and recovery operations for the City of Carmel-by-the-Sea; and

WHEREAS, the Director of Emergency Services (City Administrator) or the Assistant Director of Emergency Services (Director of Public Safety) leads the Command Section and the CEOC staff; and

WHEREAS, amending Municipal Code Section 2.64.050 transfers the responsibility for emergency services from the Mayor to the City Administrator as the Director of Emergency Services and amending Section 2.64.080 will grant authority for developing the City’s emergency plan to the City Administrator (or t
he Public Safety Director in his absence) and eliminates the Disaster Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, does hereby adopt by ordinance the attached revisions to Chapter 2.64 of the Municipal Code.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of June 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”Chapter 2.64
EMERGENCY ORGANIZATION*
Sections:
2.64.010 Purposes.
2.64.020 Definitions.
2.64.030 Disaster Council – Membership.
2.64.040 Disaster Council – Powers and Duties.
2.64.050 Director and Assistant Director of Emergency Services.
2.64.060 Director and Assistant Director – Powers and Duties.
2.64.070 Officers and Employees – Emergency Organization.
2.64.080 Emergency Plan.
2.64.090 Expenditures Deemed Public Benefit.
2.64.100 Violation – Penalty.
* For statutory provisions on local emergencies, see Government Code § 8630 et seq.; for provisions on local disaster councils, see Government Code § 8610 et seq.; for provisions on City emergency executives, see Government Code § 38791.

2.64.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
(Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 1, 1951; Code 1975 § 660).

2.64.020 Definitions.
As used in this chapter, “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 2, 1951; Code 1975 § 661).

2.64.030 Disaster Council – Membership.
The Carmel-by-the-Sea Disaster Council is created and shall consist of the following:
A. The Mayor, who shall be Chairperson and Director of Emergency Services;

B. The Chief Administrative Officer, who shall be Vice Chairperson and Assistant Director of Emergency Services;

C. Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this chapter;

D. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 3, 1951; Code 1975 §662).

2.64.040 Disaster Council – Powers and Duties.
It shall be the duty of the Disaster Council, and the Disaster Council is empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairperson, or in that person’s absence from the City or inability to call such meeting, upon call of the Vice Chairperson. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 4, 1951; Code 1975 § 663).

2.64.050 Director and Assistant Director of Emergency Services.
There are created the offices of Director of Emergency Services and Assistant Director of Emergency Services. The Mayor City Administrator shall be the Director of Emergency Services. The Chief Administrative Officer Public Safety Director shall be the Assistant Director of Emergency Services. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 5, 1951; Code 1975 §664).

2.64.060 Director and Assistant Director – Powers and Duties.
The powers and duties of the Director and Assistant Director of Emergency Services are as follows:
A. The Director is empowered to:
1. Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

2. Request the Governor to proclaim a state of emergency when, in the opinion of the
Director, the locally available resources are inadequate to cope with the emergency;

3. Control and direct the effort of the emergency organization of this City for the
accomplishment of the purposes of this chapter;

4. Direct cooperation between and coordination of services and staff of the emergency organization of this City, and resolve questions of authority and responsibility that may arise between them;

5. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

6. In the event of the proclamation of a local emergency as provided in this chapter, the proclamation of a state of emergency by the Governor or the Director of the Emergency Services, or the existence of a state of war emergency, the Director is empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
b. To obtain vital supplies, equipment, and such other properties found lacking and
needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use;
c. To require emergency services of any City officer or employee and, in the event
of the proclamation of a state of emergency in the County in which this City is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as s/he deems necessary in the execution of the Director’s duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
d. To requisition necessary personnel or material of any City department or agency; and
e. To execute all the ordinary power as Chief Administrative Officer the Director of Emergency Services, all of the special powers conferred upon the Director by this chapter or by resolutions or emergency plan pursuant hereto adopted by the City Council, all powers conferred by any statute, by any agreement approved by the City Council, and by other lawful authority.

B. The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings or otherwise perform the duties of that office during an emergency. Such order of succession shall be approved by the City Council.

C. The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Director. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. §§ 5, 6, 1951; Code 1975 § 665).

2.64.070 Officers and Employees – Emergency Organization.
All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of CMC 2.64.060(A)(6)(c), are charged with duties incident to the protection of life and property in this City during such emergency and shall constitute the emergency organization of the City. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 7, 1951; Code 1975 § 666).

2.64.080 Emergency Plan.
The Disaster Council The Director of Emergency Services or his designee shall be responsible for the development of the City emergency plan, which plan shall provide for the effective mobilization of all the resources of this City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 8, 1951; Code 1975 § 667).

2.64.090 Expenditures Deemed Public Benefit.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. 79-12 § 1, 1979; Code 1975 § 668).

2.64.100 Violation – Penalty.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon any person by virtue of this chapter.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof.

C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. (Ord. 79-12 § 1, 1979; Ord. 123 N.S. § 9, 1951; Code 1975 §669).

CITY COUNCIL: Ordinance to Revise MC & Zoning Ordinance/LCP Regarding All Design & Land Use Responsibilities to Planning Commission

Meeting Date: 2 June 2009
Prepared by: Rich Guillen/Sean Conroy

City Council
Agenda Item Summary

Name: Consideration of an Ordinance to revise the Municipal Code and Zoning
Ordinance/Local Coastal Implementation Plan returning all design and land use
responsibilities to the Planning Commission (First Reading).

Description: The Design Review Board currently reviews applications for design review not requiring land use permits or those that are not otherwise reserved for the Planning Commission. This ordinance would return all responsibilities for design
and land use to the Planning Commission.

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

Staff Recommendation: Adopt the Ordinance.

Important Considerations: CMC Chapter 17.52.050 establishes the responsibilities of the Design Review Board. The Board’s role has been limited to the review of
design applications not involving other land use permits. Returning all design and
land use responsibilities to the Planning Commission will create more consistency
for applicants going through the planning process. This also will reduce pressures
on staff, as it will be one fewer Board to manage.

Decision Record: This item was discussed at the April 7, 2009 meeting for action. The City Council deliberated on the draft ordinance and tabled it at that time.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 2 JUNE 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE TO REVISE THE MUNICIPAL CODE AND ZONING
ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN RETURNING ALL DESIGN AND LAND USE RESPONSIBILITIES TO THE PLANNING COMMISSION (FIRST READING)

RECOMMENDATION
Adopt on first reading the attached ordinance that revises relevant sections of the
Municipal Code.

BACKGROUND
Carmel Municipal Code (CMC) chapter 17.52.060 establishes the duties and powers of the Planning Commission while CMC chapter 17.52.050 establishes the duties and powers of the Design Review Board that was established in December 2000. The Board’s role is limited to the review of design applications not involving other land use permits (i.e. variances, conditional use permits, subdivisions, etc). Prior to 2001, there was only a Planning Commission. The attached ordinance would return all responsibilities to the Planning Commission.

The Design Review Board is referenced throughout the zoning ordinance. The attached ordinance includes strikeouts where the Board is listed and includes some new text, shown in underline, to clarify the duties of the Planning Commission.

This ordinance will require a Local Coastal Program amendment by the California
Coastal Commission.

STAFF REVIEW
At the Special February 4, 2009 City Council meeting on the mid-year budget, the
City Administrator recommended returning all land use and design responsibilities
to the Planning Commission. Following are some of the reasons for this
recommendation:

1. Changing demographics: Carmel does not have the qualified applicant pool that it once enjoyed due to the high number of second home owners and our sizable retired community. There are three positions on both the Planning Commission and the Design Review Board that expire this October -- a total of six. One Commission member has already moved from the area and two others have indicated their desire to “retire”. Some whose terms expire may wish to be reappointed. If not, Carmel-by-the-Sea faces a virtually impossible task of finding qualified candidates who must be Carmel-by-the-Sea residents and voters. Keeping Carmel “Carmel” depends on the application and understanding of both our Design Guidelines and codes. Openings for this year’s Boards and Commissions have been posted since the first of the year.

2. Reduced staff workload: An additional benefit is a reduced workload for the four-member staff (two of whom are planners), as it will have one fewer Board to manage. The Planning staff currently is responsible for the regular and special meetings of the Planning Commission, Design Review Board, Historic Resources Board and the Forest and Beach Commission, which amounts to preparing for a minimum of one meeting per week.

3. Consistency: This ordinance will simplify the design review process by creating a single decision-making body, as existed before 2001. This also will ensure consistency for applicants in how the City interprets and applies its design guidelines and criteria. There had been talk about the need for a joint meeting of the two bodies, as there has been inconsistency on design decisions: e.g. design elements such as mass and bulk, windows and skylights, to name a few.

4. Decrease in revenue from Building Permits and Fees: Annual revenues in the past few years were in excess of $300,000. Since the decrease in construction, revenues and related fees have fallen approximately 40%. Spec projects are not being built and projects are smaller and simpler.

For the above reasons, staff recommends adoption of this ordinance.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
CONSIDERATION OF AN ORDINANCE REVISING THE MUNICIPAL CODE AND ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN TO RETURN DESIGN AND LAND USE RESPONSIBILITIES TO THE PLANNING COMMISSION (1ST READING)

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on
its village 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, in Dec 2000 the Municipal Code established the duties and responsibilities
of the Planning Commission and Design Review Board; and

WHEREAS, at the mid-year budget meeting in February 2009, staff recommended
returning all design and land use responsibilities to the Planning Commission; and

WHEREAS, this ordinance will return all design and land use responsibilities to the
Planning Commission; and

WHEREAS, this ordinance will create more consistency for applicants in design review
decisions made by the City and will result in a reduced workload for City staff; and

WHEREAS, this ordinance is exempt from the California Environmental Quality Act
(15305) as it will not have a significant impact on the environment.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt this ordinance with the attached revisions to the Municipal Code and Zoning Code/Local Coastal Implementation Plan.

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, or upon certification by the California Coastal Commission, which ever occurs last.

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

AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:
__________________________________
Heidi Burch, City Clerk

Attachment “A”17.52.060 Duties and Powers of the Planning Commission.
The Planning Commission as the designated planning agency of the City shall have the following power and responsibilities:
A. To develop and maintain a General Plan.
B. To develop specific plans, master plans and area plans as may be necessary or desirable.
C. To periodically, at least once each fiscal year, review the capital improvement program of the City.
D. To determine the consistency of capital improvements projects and programs with the General Plan.
E. To prepare an annual report to the City Council on the status of the General Plan and progress in its application.
F. To interpret the meaning and intent of the City’s land use code.
G. To hear and render decisions on appeals of discretionary decisions made by administrative officials.
H. To review environmental impact reports and initial studies.
I. To conduct public hearings, review evidence and determine requests for use permits, variances, lot line adjustments, subdivisions, rezones and land use code amendments.
J. To act on design review and design study applications for those projects involving issuance of a land use permit.
K. To act on projects subject to coastal permit requirements when such projects are within the categories listed above.
L. To review the water management plan annually.

17.52.160 Planning Commission and Design Review Board Procedures.
A. Purpose. It is the purpose of this section to establish uniform minimum procedures to be followed by the Planning Commission and the Design Review Board for all projects subject to their review. This section shall not preclude the Commission or Board from adopting additional procedures as necessary for the completion of their duties.
B. Permit Issuance – Review of Plans. No building permit, license or other required permit for any structure, site development or land use shall be issued prior to Planning Commission or Design Review Board approval if any form of Commission or Board review is required for said improvement by this code. The Director shall ensure that development is executed and completed according to the approved plans.
C. Conduct of Meetings. The Planning Commission shall meet at least once each month and may establish a more frequent schedule as needed. The Design Review Board shall meet at least once each month and may establish a more frequent schedule as needed. The Commission and Board shall keep minutes of all meetings and complete records of all examinations, findings and other official actions, together with a record of all facts pertinent to the cases submitted for their approval.
D. Public Participation. Actions on all applications considered by the Planning Commission or the Design Review Board shall be open to public testimony. Written comments received from the public will be accepted and entered into the written record accompanying each matter considered by the Commission or the Board. The Commission or Board shall consider written and oral testimony insofar as they provide factual information related to the matter before the approval body and the specific criteria established for review of the application by this title.

E. Decision. Decisions of the Planning Commission and the Design Review Board shall be reached by an affirmative vote of a majority of its members present. A quorum for each approval body shall consist of three members. All Commission and Board decisions shall be based on consideration of the facts presented to it by the applicant, City staff, and members of the public and consideration of all goals, objectives, policies, criteria and standards established in City planning documents and ordinances. Unless otherwise authorized under the municipal code, the Commission and Board shall not have the authority to waive or modify the site development requirements of this title or the requirements of any other applicable City ordinances.

F. Reports on Final Actions. All actions approving or denying applications shall be made in writing and shall include all findings necessary to support said action. Approvals shall include all findings required by the sections of the municipal code related to the project being approved. Approvals may be granted in whole or in part, with or without conditions necessary to assure the intent and purpose of all applicable policies, standards and guidelines.

G. Reports and Investigations. Reports and investigations may be required by the Planning Commission or the Design Review Board prior to approval of any project. The Commission and the Design Review Board shall have the authority to request reports or investigations from the City Forester, City Engineer, Public Works Director, Building Official, Director or other department heads or commissions in writing prior to approval of any project.

H. Appeals. All final actions of the Planning Commission or the Design Review Board may be appealed to the City Council in accordance with Chapter 17.54 CMC, Appeals. (Ord. 2004-02§ 1, 2004; Ord. 2004-01 § 1, 2004).

17.52.170 Time Limits on Approvals and Denials.
All applications approved by City staff, the Planning Commission, the Design Review Board or by the City Council on appeal have a limit on the time that the approval remains valid. Permits or other approvals granted by these approval bodies or by the Historic Resources Board that are not implemented within these time limits become void.

B. General Limits. Unless otherwise stated on the permit, or indicated as a condition of approval by the approving body, the following time limits shall apply commencing upon the date of action by the City staff, Planning Commission, Design Review Board or final City Council action:
1. Commercial design review – 18 months;
2. Commercial business use permit – six months;
3. Other commercial district use permits – 18 months;
4. Variances – 12 months;
5. Signs – three months;
6. Residential design study – 12 months;
7. Residential district use permits – 12 months;
8. Lot line adjustments – six months; and
9. Subdivisions – 24 months.
C. Time Extensions. The Director may grant one extension of a time limit, equal in length to the original time limit for those approvals not subject to a public hearing. Similarly, the Planning Commission, Design Review Board or Historical Preservation Board, as appropriate, may administratively grant one extension for approvals originally subject to a public hearing. If, since the date of the original approval, the conditions surrounding the original approval have changed, or the General Plan, municipal code or Local Coastal Plan Program has been amended in any manner which causes the approval to be inconsistent with these plans or codes, no time extension or renewal shall be granted for any approval.

CMC 17.54.010 Conclusive Decision – Appeal Period.
C. The findings and actions of the Planning Commission, the Design Review Board, and the Forest and Beach Commission shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council pursuant to CMC 17.54.040(C), Appeals to the City Council or the Coastal Commission pursuant to CMC 17.54.040(D) and 17.54.050.

17.54.040 Filing Appeals
C. Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission, the Design Review Board, or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in the office of the City Clerk within 10 working days following the date of action by the decisionmaking body and paying the required filing fee as established by City Council resolution.

17.54.080 Appeals.
A. Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director, the City Forester, the Planning Commission, or the Design Review Board or the Historic Resources Board may be appealed by any aggrieved party. Coastal Commissioners may appeal these decisions pursuant to CMC 17.54.020 and 17.54.050. CMC 17.58.020 General Requirements and Responsibilities.

B. Coordination of Review Bodies. For any proposed major alteration affecting an historic resource in the commercial and R-4 districts, the Director shall schedule a review of the project plans by the Historic Resources Board for a determination of consistency with the Secretary of Interior’s standards. If the site assessment shows that trees will be affected by the project, the Director shall forward the plans to the City Forester for processing. Any reviews by the Forest and Beach Commission and/or Historic Resources Board that are required for a project shall occur prior to consideration of the project by the Director, Design Review Board or the Planning Commission. The procedures established in Chapter 17.32 CMC, Historic Preservation, shall be followed if the project would affect a historic resource or if it is
unknown whether the property contains a historic resource.

D. Design Review Responsibilities. The Planning Commission shall conduct design review for all non-administrative projects a use permit, variance, subdivision, lot line adjustment or other land use permit and for all projects subject to environmental review. Design review for all other projects shall be conducted by the Design Review Board or the Director pursuant to the specific requirements of this chapter. The Director may require the Design Review Board or Planning Commission to review for any application that raises new policy issues or presents unusual
circumstances not addressed by adopted policies, guidelines, or review criteria.

E. Design Review Standards. When conducting design review the Department, Design Review Board, or the Planning Commission shall use the design guidelines adopted by the City Council as the basis for review. The decision-making entity responsible for design review shall consider the conformance of the application to the standards set forth in and promulgated under this title, and may either approve, deny or modify an application for design review. However, no modification may be made that is not consistent with any other requirement of this title. Specific zoning standards and criteria are established in each zoning district, overlay district, specific plan
area, special district, or community plan area. These shall be coordinated with the guidelines in reviewing projects.

17.58.030 Commercial Design Review.
2. Procedures. Within 30 days of the receipt of a complete application for a commercial administrative permit, the Director shall review the proposed project for compliance with the standards and regulations of the CMC, the Coastal Implementation Plan, General Plan policies, commercial design guidelines, public way improvement design guidelines, and other applicable adopted design criteria. The Director may approve the application if all zoning standards are met and the project is consistent with all design guidelines. The Director shall refer for action by the Planning Commission Design Review Board any application for a project that does not comply with applicable adopted design guidelines and design criteria. Any proposed storefront remodels/alteration to a structure located within the downtown conservation district shall be reviewed by the Historic Preservation Board. The Director shall deny any application for a commercial track one permit that does not comply with the CMC, the Coastal Implementation Plan or the General Plan/Coastal Land Use Plan.

B. Commercial District Track Two Design Review. This is a discretionary process for reviewing substantial design changes in commercial zoning districts and the R-4 district. The Planning Commission shall conduct design review under this section. for any project that requires a use permit, variance, or other land use permit. The Design Review Board shall conduct design review of all other projects subject to design review under this section.

17.58.040
3.b. Projects that comply with zoning regulations but do not comply with the design objectives or residential design guidelines will be referred to the Planning Commission Design Review Board for resolution or shall be redirected into track two.
B. Residential Track Two Design Study. Track two is a discretionary review process for projects that require a public hearing with the Planning Commission. Projects that require a demolition permit, use permit, variance, or other land use permit or environmental review shall be reviewed by the Planning Commission. The Design Review Board shall take action on all other projects that require track two review. All track two projects are subject to the coastal development permit requirements of the certified LCP, and a track two design study approval shall constitute a coastal development permit. All track two projects shall require public notice and a hearing
pursuant to CMC 17.52.110, Notice of Public Hearing.
b. Design Review Board or Planning Commission Review. Within 30 days of receiving a
complete application, the Director shall schedule the project for a hearing and review of the design concept plans by the Design Review Board or Planning Commission. Public notice shall be provided in compliance with the requirements of CMC 17.52.110, Notice of Public Hearing:

B.i. The Design Review Board or Planning Commission shall review the proposed site design, basic massing, and other elements of the design concept for compliance with the City’s design concept guidelines and the findings required in CMC 17.64.080, Design Study Approval. At the conclusion of this review the DRB or PC shall either
(1) accept the design concept as submitted,
(2) provisionally accept the design concept and provide direction to the applicant on plan revisions necessary to achieve compliance with the design guidelines and/or zoning standards, or
(3) continue design concept for preparation of a new design concept if it is substantially out of compliance with the zoning standards or the design guidelines. Applicants unwilling to make the revisions directed by the DRB/PC in a provisionally accepted concept design or continued design concept may request denial of the project so that an appeal may be filed. A denial shall not be complete until findings are adopted.
ii. Projects involving a historic resource shall require a determination of consistency pursuant to CMC 17.32.140. All project approvals shall be consistent with the Secretary of Interior’s Standards for Rehabilitation except as provided in CMC 17.30.010. Following action by the Historic Preservation Board, the project shall be scheduled for design concept and final details review by the Planning Commission or the Design Review Board consistent with this chapter.

17.58.060 Findings Required.
A. Authority. The Director, the Design Review Board, Historic Preservation Board, or the Planning Commission as applicable to the project, shall have the authority to approve, approve with modifications and/or conditions, or deny an application for design review based on written findings stating the reasons for the action. Findings shall be based on information in the record.

B. Findings for Design Review Approval. Before approving an application for design review in any district, the Director, the Design Review Board, Historic Preservation Board, or the Planning Cmmission shall find that the final design plans:

C. Additional Findings for Design Study Approval. In addition to any other findings required by this code (see CMC 17.64.080, Design Study Approval), the Design Review Board or Planning Commission shall make all of the following findings before granting design review approval in the R-1 district:

D. Findings Required for Approval of Deviations from Design Guidelines. In addition to any other findings required by this code, before approving any project in the single-family residential (R-1) district that deviates from the City’s applicable adopted design guidelines, the Director, Design Review Board, Historic Preservation Board, or the Planning Commission shall adopt specific findings based on information in the record to show how the proposed deviation from the design guidelines achieves all of the applicable design objectives of CMC 17.58.010, Purpose and Applicability, as well as, or better than, would be achieved by adherence to the adopted
design guidelines. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.58.070 Enforcement.
No building or grading permit shall be issued until the applicant submits a final site plan and building permit plans showing any changes required as a condition of design review approval. Staff shall review all building permit applications for projects subject to design review for compliance with approved design review plans and any conditions of approval. The Director may refer building permit plans to the Design Review Board or the Planning Commission for a determination of compliance with conditions of approval. After determining that the site plan and
building plans comply with all conditions of approval, the Director shall forward copies of the approved plans to the Building Official. All future development shall comply with the approved building permit plans unless modifications or changes are approved pursuant to the requirements of this code.

CMC Chapter 2.30
DESIGN REVIEW BOARD
Sections:
2.30.010 Establishment of Board.
2.30.020 Membership and Criteria for Appointment.
2.30.030 Appointment Process.
2.30.040 Termination of Members.
2.30.050 Bylaws, Policies, Rules and Procedures.
2.30.060 Duties, Responsibilities and Authority.

2.30.010 Establishment of Board.
There hereby is created and established the Design Review Board for the City of Carmel-by-the-Sea. (Ord. 2000-10 § 1, 2000).
2.30.020 Membership and Criteria for Appointment.
A. The Design Review Board shall consist of five members each of whom shall be appointed to serve a four-year term.

B. In establishing these criteria for appointment, the City Council seeks to insure that the Design Review Board appointees both support and will advocate for the enhancement and preservation of Carmel-by-the-Sea as “primarily, essentially and predominately a residential City...” With this being the City Council’s intention:
1. All members of the Design Review Board shall be residents and electors of the City.
2. All members, if possible, should share varied backgrounds and experience in architecture, historical architecture, design art, landscaping or construction/building industry or any combination thereof. (Ord. 2000-10 § 1, 2000).

2.30.030 Appointment Process.
A. Members of the Design Review Board shall be appointed in accordance with City Council policy adopted by resolution of the Council.

B. Terms of members shall be staggered so that no more than two terms shall expire in any one year. Appointments shall be, where possible, made prior to the beginning of the term of office in order that the new member(s) shall be able to become familiar with the functions of the Board prior to being seated. Terms of office for new members shall begin at the commencement of the first regular meeting in the month of October of the appropriate year. Terms of office for outgoing members shall end simultaneously. The newly appointed members shall be sworn in by the City Clerk. (Ord. 2000-10 § 1, 2000).

2.30.040 Termination of Members.
A member of the Design Review Board shall be terminated only under the following
circumstances:
A. The member ceases to be a resident or an elector of the City.

B. The member is ill or absent from the City and unable to attend three consecutive regular Board meetings, but fails to so notify either the Chairperson, Vice Chairperson, or the Director of the Department of Community Planning and Building.

C. The member, when neither ill nor absent from the City, fails to attend three consecutive regular Board meetings.

D. The member is terminated by a majority vote of the City Council. (Ord. 2000-10 § 1, 2000). 2.30.050 Bylaws, Policies, Rules and Procedures.

The Design Review Board shall adopt or maintain bylaws, policies, rules and procedures governing parliamentary actions. The bylaws shall be filed with the City Clerk. (Ord. 2000-10 § 1, 2000).

2.30.060 Duties, Responsibilities and Authority.
The Design Review Board shall have the duties defined in CMC Title 17 and is formed generally to review residential, commercial and public works projects involving construction of new dwellings, substantial alterations and projects that do not qualify for administrative review and do not involve land use or variances. (Ord. 2000-10 § 1, 2000).

CMC 17.10.030.A
1. Detached Garages and Carports. To encourage variety and diversity in neighborhood design, detached garages and carports may be authorized by the Planning Commission or the Design Review Board within rear yard setbacks or front or side yard setbacks facing a street, subject to the following standards:
a. Front or Side Yard Setback Facing a Street. The Design Review Board or Planning
Commission may authorize a single-car, detached garage or carport not exceeding 12 feet in width, 250 square feet in floor area and 15 feet in height in either the front yard setback or a side yard setback facing a street (but not both) if:
i. At least 50 percent of the adjacent right-of-way is landscaped or preserved in a natural and forested condition to compensate for the loss of open space;
ii. The proposed setback encroachment would not impact significant or moderately significant trees;
iii. Free and safe movement of pedestrians and vehicles in adjacent rights-of-way is protected;
iv. All development on site will be in scale with adjacent properties and the neighborhood context consistent with adopted design guidelines; and
v. Placement of the garage or carport in the setback will add diversity to the neighborhood streetscape.
b. Interior Side Yard Setback and/or Rear Setback. Detached garages may encroach into an interior side yard setback, rear yard setbacks, or both, if limited to 15 feet in height, the setback encroachment would not impact significant or moderately significant trees, and the garage location/design complies with design guidelines.

Table 17.10-G: Maximum Track One Fence and Wall Heights
Setback Location
Design Element Front
Setback
Side
Setback
Side Setback Facing
Street
Rear
Setback
Fence 4 feet* 6 feet 4 feet* 6 feet
Garden Wall 3 feet* 6 feet 3 feet* 6 feet
Retaining Wall 3 feet** 6 feet 3 feet** 6 feet
Pillars and Gates 6 feet N/A 6 feet N/A
Arbor/Trellis 7 feet 7 feet 7 feet 7 feet
* These limits shall not be altered through Design Review by the Design Review Board or Planning Commission.

CMC 17.30.010 Demolition or Rebuilding of Buildings.
Except when required for the emergency protection of public health or safety as determined by the City Administrator in consultation with the Building Official, no permit authorizing the demolition of any building within any district shall be issued until reviewed by the Planning Commission or Design Review Board in accordance with the findings established in CMC 17.64.070, Demolition and Conversion of Residential Structures (if applicable). No permit for demolition shall be approved without the concurrent review and approval of replacement construction for the site. If the structure or site is identified as an historic resource, the demolition is prohibited except when approved by the Historic Resources Board and the
Planning Commission consistent with the findings established in CMC 17.64.050. All related land use, design review and environmental review approvals and the processes established in Chapter 17.32 CMC, Historic Preservation, also shall be followed. The demolition or relocation of any structure shall require a coastal development permit. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

CMC 17.40.010
C. Prohibit all signs not expressly permitted by this chapter unless authorized by specific action of the Planning Commission Design Review Board. Prohibited signs and displays include those which are visible from exterior areas accessible to pedestrians and which are flashing, selfilluminated, neon, phosphorescent, glossy, incorporate internal lights or movement or that include strings of small lights around doors or windows. Also prohibited are exterior signs, displays or other installations that include balloons, streamers, or other notice-attracting appendages. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.40.020
B. Planning Commission Approval. Signs which, in the opinion of the Director, require
exception from the standards described in this chapter shall be reviewed by the Planning Commission Design Review Board. The Planning Commission Design Review Board also shall review all business signs painted, etched or otherwise applied to glass, all signs made of plastics, fabric or imitation wood and all signs of architectural, cultural, and historical significance. The Commission Board may grant exceptions only to the number, location and design of business signs. The following criteria must be satisfied to grant the exception:

C. No Permit Required. The following signs on private property do not require a permit if they meet the purpose, objectives, and standards in this chapter as determined by the Director: interior signs, alarm system identification signs, house/occupant name, no soliciting/no handbills, garage/rummage/estate sale, home business, public information signs (exit, restroom, elevator, etc.) and a variety of temporary signs as identified in this chapter. Signs which, in the opinion of
the Director, are out of the ordinary or which do not meet the purpose, objectives and standards of this chapter shall be removed or referred to the Planning Commission Design Review Board for review.

CMC 17.48.080.A
4. Tree Quality. Replacement trees shall be of substantial size, caliper, and height to produce an immediate visual impact and reduce the incidence of unauthorized removal. Replacement trees shall be a minimum 24-inch box size except for Monterey Pines which shall be a minimum 15-gallon size. Larger sizes may be required by the Forest and Beach Commission, or the Planning Commission or the Design Review Board based in specific design considerations applicable to the project. The City Forester may authorize the use of smaller sizes when trees meeting these standards, or meeting specific conditions of approval, are unavailable.

CMC 17.52.050 Duties and Powers of the Design Review Board.
The Design Review Board shall have the following duties and responsibilities:
A. To conduct public hearings, review evidence and act on permit applications not reserved to the Planning Commission, Historic Resources Board or to the Director.

B. To act on commercial district design review applications not involving any land use permit pursuant to CMC 17.58.030, Commercial Design Review.

C. To act on residential design studies for projects not involving any land use permit pursuant to CMC 17.58.040, Residential Design Review.

D. To act on projects subject to coastal permit requirements pursuant to Chapter 17.58 CMC, Design Review, when such projects are within the categories listed above. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).