CITY COUNCIL: AGENDA & MINUTES September 2009

AMENDED AGENDA
Regular Meeting
Tuesday, September 1, 2009
4:30 p.m., Open Session

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

Broadcast date
Sunday, September 6, 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. Presentation of certificate of appreciation to former Carmel Unified School Superintendent Karl Pallastrini.

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 report from Mark Strobin, NOAA Lead Forecaster, concerning “Weather Ready” designation for Carmel.

2. Receive report on storm water diversion project.

3. Receive report on the consolidation of the Carmel and Monterey-San Benito Red Cross chapters.

4. Receive SCC, Inc’s. Fourth Quarter 2008-09 financial report.

5. Receive City’s Fourth Quarter 2008-09 financial report.

6. Report on lifesaving incident.

VI. Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting.

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

VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
A. Ratify the minutes for the regular meeting of August 4, 2009.

B. Ratify the minutes for the special meeting of August 13, 2009.

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

D. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc. (WCA) in an amount not to exceed of $36,979.

E. Consideration of a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000.

F. Approval of the City’s application for the Homeless Prevention and Rapid Re-Housing program stimulus grant funding.

G. Consideration of a Resolution accepting a $1,163 donation from Henry Newman to purchase and install an eight-foot bench at the Sunset Center Plaza.

H. Consideration of a Resolution authorizing the Mayor to execute a loan agreement between the City of Carmel-by-the-Sea and the Trustees of the Devendorf-Galante Historical Trust.

I. Consideration of a Resolution expressing appreciation to Bill and Nancy Doolittle for their generous patronage of the arts at the Sunset Community and Cultural Center.

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
A. Consideration of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2010-2011.

B. Consideration of an Encroachment Permit application for the construction of a driveway at the end of Lopez Avenue (SE corner of Lopez & 2nd Avenues). The applicant is Zane Blackmer.

IX. Ordinances
A. None.

X. Resolutions
A. Consideration of a Resolution adopting updates to the Circulation, Public Facilities, Open Space/Conservation, Environmental Safety, and Noise Elements of the General Plan and a Negative Declaration.

B. Consideration of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach.

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

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

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

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
September 1, 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 4:36 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Hazdovac, Rose, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Sean Conroy, Planning and Building Services Manager

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

IV. EXTRAORDINARY BUSINESS
Presentation of certificate of appreciation to former Carmel High School Principal Karl Pallastrini.

Mayor McCloud presented Karl Pallastrini with a Certificate of Appreciation.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported there were no announcements from closed
session.

B. Announcements from City Council members.
Mayor McCloud noted the upcoming 25th Annual California Coastal Cleanup Day on
September 19, a recent Oceans Conference she and City Administrator Guillen had
attended, and the Author and Ideas Festival at Sunset Center on September 24-27.

C. Announcements from City Administrator
1. Receive report from Mark Strobin, NOAA Lead Forecaster, concerning the “Weather Ready” designation for Carmel.

Tom Evans, NOAA Warning Coordinating Meteorologist, presented the report and
outlined the training, volunteer opportunities, and preparation steps involved in this program.

2. Receive report on storm water diversion project.

Bob Jaques, consultant to the City, presented the report.

3. Receive report on the consolidation of the Carmel and Monterey-San Benito Red Cross chapters.

Sharon Crino, CEO of the Monterey Bay Area Chapter and Central Coast Regional COO
of the Red Cross, presented the report.

4. Report on lifesaving incident. -- To accommodate the many public safety personnel in the audience, this item was taken out of order.

Chief Rawson acknowledged the Police, Fire and Carmel Regional Fire Ambulance staff involved in a life-saving incident on August 14. The patient, Dr. Robert O’Neill, was in the audience to thank his rescuers.

5. Receive SCC, Inc’s. Fourth Quarter 2008-09 financial report.

Jim Price, Chair of the Board of SCC, Inc., noted three new board members: Ken Bender, Kurt Grasing, and Sally Reed. He also noted Board Member Mara Kerr, who has been a board member for several months, but had not yet been introduced to Council. He and Dave Parker presented the financial report. Board Member Judy Profeta noted the art auction fundraiser on September 12th from 4:30 p.m. to 10:00 p.m. at the Sunset Center.

6. Receive City’s Fourth Quarter 2008-09 financial report.

Joyce Giuffre, Administrative Services Director, presented the financial report.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:34 p.m.

Barbara Livingston, President of the Carmel Residents Association, thanked the Police Officers Association for assisting with the City’s financial shortfall by forgoing its scheduled salary increase.

Meredith Crowell, Linens and Such, commented on the Concours on the Avenue.

Richard Dalsemer addressed Council regarding the analysis of fire protection service options.

Carolyn Hardy also addressed Council regarding fire services.

Mayor McCloud closed the meeting to public comment at 5:45 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of August 4, 2009.

B. Ratify the minutes for the special meeting of August 13, 2009.

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

D. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc. (WCA) in an amount not to exceed of $36,979.

E. Consideration of a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000.

F. Approval of the City’s application for the Homeless Prevention and Rapid Re-Housing program stimulus grant funding.

G. Consideration of a Resolution accepting a $1,163 donation from Henry Newman to purchase and install an eight-foot bench at the Sunset Center Plaza.

H. Consideration of a Resolution authorizing the Mayor to execute a loan agreement between the City of Carmel-by-the-Sea and the Trustees of the Devendorf-Galante Historical Trust.

I. Consideration of a Resolution expressing appreciation to Bill and Nancy Doolittle for their generous patronage of the arts at the Sunset Community and Cultural Center.

Council Member Talmage pulled Items E and H for clarification purposes.

Mayor McCloud opened the meeting to public comment at 5:57 p.m.

Barbara Livingston asked a question about the availability of material related to Consent Agenda Item H.

Mayor McCloud closed the meeting to public comment at 5:59 p.m.

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

VIII. PUBLIC HEARINGS
To accommodate the applicant and members of the public, these two items were heard in
reverse order.

B. Consideration of an Encroachment Permit application for the construction of a driveway at the end of Lopez Avenue (SE corner of Lopez & 2nd Avenues). The applicant is Zane Blackmer.

Assistant Planner Marc Wiener presented the staff report and answered questions from Council.

Mayor McCloud opened the meeting to public comment at 6:07 p.m.

Zane Blackmer, applicant, addressed Council.

Jim Heisinger, the attorney representing several of the residents in the vicinity of project, addressed Council.

Blackmer concluded his remarks in the remaining time allotted.

City Attorney Don Freeman clarified the matter upon which to be decided.

Mayor McCloud closed the meeting to public comment at 6:25 p.m.

Council Member TALMAGE moved to continue the item and referred a set of questions and issues for staff and the City Engineer to research, seconded by Council Member ROSE and carried.

A. Consideration of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2010-2011.

Police Commander Mike Calhoun presented the staff report.

Council Member ROSE moved adoption of a Resolution authorizing the allocation and expenditure of the California Citizen’s Option for Public Safety (COPS) grant funds for fiscal year 2010-2011, seconded by Council Member TALMAGE and carried by the following roll call:

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

IX. ORDINANCES
A. None.

X. RESOLUTIONS
These two items were heard in reverse order.

B. Consideration of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach. Building and Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:50 p.m.

Anthony Lombardo, attorney representing Carl Berg, spoke in favor of the amendment with one change.

Laurel Ulrich spoke in favor of a higher, more solid fence.

Christy Downing spoke in favor of the path, and recommended looking into undergrounding the utilities along this stretch of road.

Mike Dilkes, a local surfer, spoke about safety issues with the staircase proposed for the north end of the beach.

City Administrator Rich Gillen clarified that the next steps in the process will be holding neighborhood meetings, developing specific plans, and exploring funding
options for the Del Mar Plan.

Mayor McCloud closed the meeting to public comment at 7:02 p.m.

Council Member ROSE moved adoption of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach, 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

A. Consideration of a Resolution adopting updates to the Circulation, Public Facilities, Open Space/Conservation, Environmental Safety, and Noise Elements of the General Plan and a Negative Declaration.

Building and Planning Services Manager Sean Conroy presented the staff report. He
suggested that Council consider each element, one by one.

Mayor McCloud opened and closed the meeting to public comment on the Circulation Element at 7:16 p.m.

Council Member ROSE moved adoption of the updates to Circulation Element of the General Plan, with amendments, seconded by Council Member TALMAGE, and carried unanimously.

Mayor McCloud opened and closed the meeting to public comment on the Public Facilities Element at 7:25 p.m.

Council Member ROSE moved adoption of the updates to the Public Facilities Element of the General Plan, with amendments, seconded by Council Member SHARP, and carried unanimously.

Mayor McCloud opened the meeting to public comment on the Open Space Element at 7:32 p.m.

Barbara Livingston spoke about seating capacity at the Forest Theater.

Mayor McCloud closed the meeting to public comment on the Open Space/Conservation Element at 7:32 p.m.

Council Member ROSE moved adoption of the updates to the Open Space/Conservation Element of the General Plan, with amendments, seconded by Council Member TALMAGE, and carried unanimously.

Mayor McCloud opened and closed the meeting to public comment on the Environmental Safety Element at 7:45 p.m.

Council Member ROSE, moved adoption of the updates to the Environmental Safety Element of the General Plan, with amendments, seconded by Council Member SHARP, and carried unanimously.

Mayor McCloud opened the meeting to public comment on the Noise Element at 7:52 p.m.

Barbara Livingston spoke about gas-powered blowers.

Mayor McCloud closed the meeting to public comment on the Noise Element at 7:52 p.m.

Council Member TALMAGE, moved adoption of the updates to the Noise Element of the General Plan, with amendments, seconded by Council Member ROSE, and carried unanimously.

Council Member SHARP moved adoption of a Negative Declaration, seconded by Council Member TALMAGE and carried unanimously.

XI. ORDERS OF COUNCIL
A. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 7:57 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:
___________________________
MAYOR SUE McCLOUD

CITY COUNCIL: Check Register September 2009

City of Carmel-by-the-Sea
September 2009 Check Register
(Includes checks dated 8/25/09)

Check No-Check Date-Vendor Name-Net Amount-Expense Account-Account Name
118674 9/22/09 ADVANCED WASTE SOLUTIONS $ 3 9.95 01 67051 DOCUMENT DESTRUCTION SERVICES

118506 8/25/09 AFLAC $ 1 0.00 01 64017 MEDICAL PROGRAM
118506 8/25/09 AFLAC $ 1 0.00 01 67017 MEDICAL PROGRAM
118506 8/25/09 AFLAC $ 5 .00 01 69017 MEDICAL PROGRAM
118506 8/25/09 AFLAC $ 1 0.00 01 72017 MEDICAL PROGRAM
118506 8/25/09 AFLAC $ 3 0.00 01 74017 MEDICAL PROGRAM
118506 8/25/09 AFLAC $ 1 0.00 01 76017 MEDICAL PROGRAM
118506 8/25/09 AFLAC $ 2 5.00 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 100.00

118507 8/25/09 AILING HOUSE PEST CONTROL $ 5 0.00 01 70050 OUTSIDE LABOR
118584 9/8/09 AILING HOUSE PEST CONTROL $ 3 99.00 01 70050 OUTSIDE LABOR
118675 9/22/09 AILING HOUSE PEST CONTROL $ 2 65.00 01 70050 OUTSIDE LABOR
----Vendor Total---- $ 714.00

118650 9/15/09 ALAN LEHMAN $ 883.75 50 24050 REFUND OF VOLUME DEPOSIT

118552 9/1/09 ALHAMBRA $ 39.83 01 64053 BOTTLED WATER SERVICE

118508 8/25/09 ALL AMERICAN MAILING $ 2 69.58 01 64038 CONTRACTORS MEETING POSTAGE
118508 8/25/09 ALL AMERICAN MAILING $ 1 43.16 01 64051 CONTRACTORS MEETING MAILING
----Vendor Total---- $ 412.74

118585 9/8/09 AMERICAN SUPPLY COMPANY $ 3 39.09 01 70044 CUSTODIAL SUPPLIES
118585 9/8/09 AMERICAN SUPPLY COMPANY $ 5 ,152.70 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 5,491.79

118676 9/22/09 ANDON LAUNDRY SERVICE $ 273.75 01 72053 CONTRACTUAL SERVICES

118546 8/25/09 AT&T/MCI $ 803.19 01 64036 TELEPHONE
118546 8/25/09 AT&T/MCI $ 651.98 01 65049 EQUIPMENT MAINTENANCE
118546 8/25/09 AT&T/MCI $ 217.13 01 69036 TELEPHONE
118546 8/25/09 AT&T/MCI $ 356.27 01 72036 TELEPHONE
118546 8/25/09 AT&T/MCI $ 565.90 01 74036 TELEPHONE
118546 8/25/09 AT&T/MCI $ 137.60 01 76036 TELEPHONE
118546 8/25/09 AT&T/MCI $ 15.67 01 82036 TELEPHONE
118628 9/8/09 AT&T/MCI $ 796.44 01 64036 TELEPHONE
118628 9/8/09 AT&T/MCI $ 651.98 01 65049 EQUIPMENT MAINTENANCE
118628 9/8/09 AT&T/MCI $ 267.20 01 69036 TELEPHONE
118628 9/8/09 AT&T/MCI $ 3 97.11 01 72036 TELEPHONE
118628 9/8/09 AT&T/MCI $ 585.12 01 74036 TELEPHONE
118628 9/8/09 AT&T/MCI $ 137.84 01 76036 TELEPHONE
118628 9/8/09 AT&T/MCI $ 15.66 01 82036 TELEPHONE
118628 9/8/09 AT&T/MCI $ 15.67 60 81036 TELEPHONE
----Vendor Total---- $ 5,614.76

118533 8/25/09 BERNARD J. MARTINO $ 56.77 01 70031 REIMBURSEMENT FOR CLOTHING EXPENSE

118509 8/25/09 BMR CONSTRUCTION MANAGEMENT INC. $ 1,475.00 50 24050 PROFESSIONAL SERVICES-PLAZA DEL MAR

118586 9/8/09 BOUND TREE MEDICAL LLC $ 429.38 01 72603 MEDICAL SUPPLIES
118677 9/22/09 BOUND TREE MEDICAL LLC $ 81.72 01 72603 MEDICAL SUPPLIES
----Vendor Total---- $ 511.10

118587 9/8/09 BRINTON'S $ 3 1.15 01 76054 TOOLS/EQUIPMENT
118587 9/8/09 BRINTON'S $ 5 7.86 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 8 9.01

118510 8/25/09 BROADWAY LOCKSMITH $ 3 40.99 01 70050 OUTSIDE LABOR

118708 9/22/09 BRUCE J. MEYER $ 2 00.00 01 67428 EMPLOYEE SERVICE AWARD

118511 8/25/09 BURGHARDT-DORE ADVERTISING, INC. $ 3 ,008.52 01 85200 REGIONAL DESTINATION MARKETING
118554 9/1/09 BURGHARDT-DORE ADVERTISING, INC. $ 6 73.30 01 85200 REGIONAL DESTINATION MARKETING
118631 9/15/09 BURGHARDT-DORE ADVERTISING, INC. $ 12,934.35 01 85200 REGIONAL DESTINATION MARKETING
----Vendor Total---- $ 16,616.17

118512 8/25/09 CAL-AM WATER COMPANY $ 5 37.35 01 64026 UTILITIES
118512 8/25/09 CAL-AM WATER COMPANY $ 3 ,116.65 01 70026 UTILITIES
118512 8/25/09 CAL-AM WATER COMPANY $ 1 89.49 01 72026 UTILITIES
118512 8/25/09 CAL-AM WATER COMPANY $ 1 37.07 01 74026 UTILITIES
118512 8/25/09 CAL-AM WATER COMPANY $ 2 ,971.62 01 76026 UTILITIES
118512 8/25/09 CAL-AM WATER COMPANY $ 1 8.47 01 82026 UTILITIES
118512 8/25/09 CAL-AM WATER COMPANY $ 3 92.74 01 84026 UTILITIES
118512 8/25/09 CAL-AM WATER COMPANY $ 2 72.14 60 81026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 1 83.42 01 64026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 3 ,261.38 01 70026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 1 81.50 01 72026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 1 ,242.34 01 74026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 2 ,803.16 01 76026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 2 2.95 01 82026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 5 35.10 01 84026 UTILITIES
118678 9/22/09 CAL-AM WATER COMPANY $ 1 52.46 60 81026 UTILITIES
----Vendor Total---- $ 16,017.84

118590 9/8/09 CARDINALE AUTOMOTIVE GROUP $ 6 2.79 01 76047 AUTOMOTIVE PARTS/SUPPLIES
118685 9/22/09 CARDINALE AUTOMOTIVE GROUP $ 9 52.70 01 76049 EQUIPMENT MAINTENANCE
----Vendor Total---- $ 1 ,015.49

118633 9/15/09 CARMEL CHEVRON $ 8 0.00 01 76050 OUTSIDE LABOR
118682 9/22/09 CARMEL CHEVRON $ 3 9.16 01 76046 FUEL
----Vendor Total---- $ 1 19.16

118556 9/1/09 CARMEL FIRE PROTCTN ASSOC $ 1 ,416.55 01 69051 PLAN CHECK PROFESSIONAL SERVICES
118556 9/1/09 CARMEL FIRE PROTCTN ASSOC $ 2 25.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
118634 9/15/09 CARMEL FIRE PROTCTN ASSOC $ 1 75.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
118683 9/22/09 CARMEL FIRE PROTCTN ASSOC $ 2 ,045.12 01 69051 PLAN CHECK PROFESSIONAL SERVICES
118683 9/22/09 CARMEL FIRE PROTCTN ASSOC $ 2 75.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
----Vendor Total---- $ 4 ,136.67

118555 9/1/09 CARMEL PINE CONE $ 1 49.94 01 64040 ADVERTISING
118588 9/8/09 CARMEL PINE CONE $ 1 08.29 01 69040 ADVERTISING
118632 9/15/09 CARMEL PINE CONE $ 1 49.94 01 64040 ADVERTISING
118681 9/22/09 CARMEL PINE CONE $ 5 8.31 01 69040 ADVERTISING
----Vendor Total---- $ 4 66.48

118589 9/8/09 CARMEL RGN'L FIRE AMBULNC $ 100,000.00 01 72202 2ND QTR FY 2009/10 AMBULANCE SUBSIDY

118557 9/1/09 CARVER + SCHICKETANZ ARCH $ 1 ,705.39 01 89430 BEACH RESTROOMS ON SCENIC DR DESIGN WORK
118684 9/22/09 CARVER + SCHICKETANZ ARCH $ 8 62.50 01 89430 BEACH RESTROOMS ON SCENIC DR DESIGN WORK
----Vendor Total---- $ 2 ,567.89

118591 9/8/09 CEMEX $ 1 63.24 01 76045 MATERIALS/SUPPLIES

118592 9/8/09 CENTRAL WHOLESALE ELEC. D $ 2 ,944.48 01 70045 MATERIAL/SUPPLIES

118534 8/25/09 CHARLES MC MILLAN $ 1 ,330.00 50 24050 REFUND OF VOLUME DEPOSIT

118635 9/15/09 CHEVRON USA, INC. $ 4 5.12 01 64030 POLICE STAFF TRAVEL EXPENSES

118636 9/15/09 CHIEF SUPPLY $ 4 68.46 01 74057 SAFETY EQUIPMENT

118568 9/1/09 CHRISTOPHER C. JOHNSON $ 1 48.87 01 64030 POLICE STAFF TRAVEL/TRAINING EXPENSE

118711 9/22/09 CINDI L. MITCHELL $ 2 00.00 01 67428 EMPLOYEE SERVICE AWARD

118652 9/15/09 CINDI LOPEZ-FRINCKE $ 1 ,082.49 01 82055 REIMBURSEMENT FOR COMMUNITY ACTIVITIES EXPENS

118637 9/15/09 CITY OF MONTEREY $ 13,500.00 01 72053 AUG 2009 FIRE CHIEF/DUTY CHIEF SERVICES
118686 9/22/09 CITY OF MONTEREY $ 2 ,888.54 01 76049 VEHICLE MAINTENANCE
----Vendor Total---- $ 16,388.54

118734 9/22/09 CLEVE WATERS IV $ 1 15.03 01 70031 REIMBURSEMENT FOR CLOTHING EXPENSE

118513 8/25/09 COASTAL HEALTHCARE $ 1 10.40 01 69017 MEDICAL PROGRAM
118513 8/25/09 COASTAL HEALTHCARE $ 8 1.40 01 72017 MEDICAL PROGRAM
118513 8/25/09 COASTAL HEALTHCARE $ 4 48.20 01 84017 MEDICAL PROGRAM
118558 9/1/09 COASTAL HEALTHCARE $ 5 74.00 01 74017 MEDICAL PROGRAM
118558 9/1/09 COASTAL HEALTHCARE $ 1 00.00 01 76017 MEDICAL PROGRAM
118558 9/1/09 COASTAL HEALTHCARE $ 1 76.00 01 84017 MEDICAL PROGRAM
118638 9/15/09 COASTAL HEALTHCARE $ 2 98.00 01 72017 MEDICAL PROGRAM
118638 9/15/09 COASTAL HEALTHCARE $ 45.00 01 74017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 5 0.50 01 60017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 6 05.60 01 64017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 2 0.20 01 65017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 2 18.40 01 67017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 1 95.50 01 69017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 2 0.20 01 70017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 1 ,236.40 01 72017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 7 97.10 01 74017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 4 72.80 01 76017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 3 0.30 01 78017 MEDICAL PROGRAM
118687 9/22/09 COASTAL HEALTHCARE $ 4 70.90 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 5 ,950.90

118639 9/15/09 CODE PUBLISHING COMPANY $ 1 ,332.50 01 64053 CONTRACTUAL SERVICES

118515 8/25/09 COMCAST $ 9 3.95 01 65053 CONTRACTUAL SERVICES

118514 8/25/09 COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA $ 4 0.00 01 74053 CONTRACTUAL SERVICES
118688 9/22/09 COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA $ 4 0.00 01 74053 CONTRACTUAL SERVICES
----Vendor Total---- $ 8 0.00

118593 9/8/09 COPIES BY-THE-SEA $ 2 17.45 01 64039 PRINTING
118593 9/8/09 COPIES BY-THE-SEA $ 1 12.45 01 69039 PRINTING
----Vendor Total---- $ 3 29.90

118640 9/15/09 CORBIN WILLITS SYSTEM $ 6 90.79 01 65053 CONTRACTUAL SERVICES

118641 9/15/09 COUNTRY CASUAL $ 1 ,133.65 50 24050 PARK BENCHES

118594 9/8/09 CYPRESS COAST FORD L/M $ 7 53.63 01 76049 VEHICLE MAINTENANCE
118689 9/22/09 CYPRESS COAST FORD L/M $ 2 10.00 01 76049 VEHICLE MAINTENANCE
----Vendor Total---- $ 9 63.63

118642 9/15/09 DAEGIS $ 7 ,451.00 01 61051 LEGAL DOCUMENT PRODUCTION SERVICES

118595 9/8/09 DAVE'S REPAIR SERVICE $ 8 0.00 01 76050 OUTSIDE LABOR

118553 9/1/09 DAWN N. ALMARIO-CASTRO $ 1 7.35 01 74054 REIMBURSEMENT FOR SUPPLIES

118698 9/22/09 DEBORAH ANN HIDALGO $ 5 0.00 01 67428 EMPLOYEE SERVICE AWARD

118516 8/25/09 DEPARTMENT OF JUSTICE $ 3 2.00 01 74050 DEPT OF JUSTICE LIVESCAN FEE
118690 9/22/09 DEPARTMENT OF JUSTICE $ 1 02.00 50 24050 DEPT OF JUSTICE LIVESCAN FEE
----Vendor Total---- $ 1 34.00

118561 9/1/09 DEWEY D. EVANS $ 2 00.00 01 63053 SEP 2009 CITY TREASURER SERVICES

118706 9/22/09 DIANE F. MARTINEZ $ 2 00.00 01 67428 EMPLOYEE SERVICE AWARD

118518 8/25/09 DIGITAL PAYMENT TECHNOLOGIES CORP $ 1 50.00 01 74053 SOFTWARE FEES FOR PARKING MACHINES
118643 9/15/09 DIGITAL PAYMENT TECHNOLOGIES CORP $ 1 50.00 01 74053 SOFTWARE FEES FOR PARKING MACHINES
----Vendor Total---- $ 3 00.00

118520 8/25/09 DOCUTEC $ 3 24.70 01 65042 OFFICE MACHINE SUPPLIES
118644 9/15/09 DOCUTEC $ 2 27.33 01 65042 OFFICE MACHINE SUPPLIES
----Vendor Total---- $ 5 52.03

118519 8/25/09 DONA DISARIO $ 1 83.25 01 33404 REIMBURSMENT FOR BUILDING PERMITS

118695 9/22/09 DR. SANDRA FOWLER $ 1 ,500.00 50 24050 REFUND OF HISTORIC DEPOSIT

118597 9/8/09 EDWARDS TRUCK CENTER INC. $ 13,161.47 01 76049 PUBLIC WORKS SWEEPER NEW ENGINE

118521 8/25/09 ELECTRICAL DIST. COMPANY $ 3 23.04 01 70045 MATERIAL/SUPPLIES
118598 9/8/09 ELECTRICAL DIST. COMPANY $ 4 76.79 02 70045 MATERIAL/SUPPLIES
118691 9/22/09 ELECTRICAL DIST. COMPANY $ 5 0.43 01 70045 MATERIAL/SUPPLIES
----Vendor Total---- $ 8 50.26

118560 9/1/09 EMBASSY SUITES-SAN FRANCISCO AIRPORT $ 2 79.72 01 64030 POLICE STAFF TRAVEL EXPENSES
118692 9/22/09 EMBASSY SUITES-SAN FRANCISCO AIRPORT $ 2 79.72 01 64030 POLICE STAFF TRAVEL EXPENSES
----Vendor Total---- $ 5 59.44

118599 9/8/09 ENTENMANN-ROVIN CO. $ 8 81.54 01 67428 EMPLOYEE SERVICE AWARD

118693 9/22/09 ENTERPRISE RENT-A-CAR $ 2 89.75 01 74050 OUTSIDE LABOR

118646 9/15/09 EVOLVER, INC. $ 5 ,095.00 01 61051 DATA MANAGEMENT PROFESSIONAL SERVICES

118600 9/8/09 EWING IRRIGATION $ 1 80.27 01 76045 MATERIALS/SUPPLIES

118522 8/25/09 FASTENAL COMPANY $ 5 4.22 01 70045 MATERIAL/SUPPLIES

118562 9/1/09 FEDEX $ 2 12.59 01 61051 DOCUMENT MAILING EXPENSES

118694 9/22/09 FERGUSON ENTERPRISES,INC.#679 $ 1 ,076.77 01 70045 MATERIAL/SUPPLIES

118696 9/22/09 FOX WELDING METAL FABRICATORS INC. $ 2 30.03 01 76054 TOOLS/EQUIPMENT

118564 9/1/09 GARDINER, SANDRA $ 1 00.00 01 40727 VISTA LOBOS CLEANING DEPOSIT REFUND

118601 9/8/09 GATES TREE SERVICE, INC. $ 1 ,860.00 01 78050 OUTSIDE LABOR

118523 8/25/09 GRANICUS, INC. $ 5 21.90 50 24050 CONTRACTUAL SERVICES

118602 9/8/09 GRANITE ROCK COMPANY $ 6 17.74 01 76045 MATERIALS/SUPPLIES
118647 9/15/09 GRANITE ROCK COMPANY $ 6 21.08 01 76045 MATERIALS/SUPPLIES
----Vendor Total---- $ 1 ,238.82

118648 9/15/09 GREEN VALLEY LANDSCAPE INC. $ 1 ,200.00 01 78053 4TH AVENUE LANDSCAPE MAINTENANCE

118697 9/22/09 GUSTAVO J. GARIBAY $ 1 50.00 01 67428 EMPLOYEE SERVICE AWARD

118524 8/25/09 HINDERLITER, DE LLAMAS $ 9 75.00 01 67053 SALES TAX CONTRACTUAL SERVICES

118566 9/1/09 HOLIDAY INN $ 1 95.80 01 64030 POLICE STAFF TRAVEL EXPENSES

118699 9/22/09 HOLLISTER MOTORSPORTS $ 1 62.96 01 76049 EQUIPMENT MAINTENANCE

118603 9/8/09 HOME DEPOT/GECF $ 2 59.05 01 70045 MATERIAL/SUPPLIES
118603 9/8/09 HOME DEPOT/GECF $ 8 4.04 01 70054 TOOLS/EQUIPMENT
----Vendor Total---- $ 3 43.09

118525 8/25/09 IKON OFFICE SOLUTIONS $ 1 9.70 01 72053 CONTRACTUAL SERVICES
118525 8/25/09 IKON OFFICE SOLUTIONS $ 6 4.94 01 74042 OFFICE MACHINE SUPPLIES
118604 9/8/09 IKON OFFICE SOLUTIONS $ 3 79.26 01 64053 CONTRACTUAL SERVICES
----Vendor Total---- $ 4 63.90

118526 8/25/09 IMAGE SALES $ 1 5.05 01 74039 PRINTING

118567 9/1/09 INT'L ASSOC FOR PROPERTY & EVIDENCE, INC $ 3 50.00 01 64030 POLICE STAFF SEMINAR FEE

118612 9/8/09 J. W. MARSHALL $ 1 00.00 01 65051 INFORMATION SYST PROFESSIONAL SERVICES
118656 9/15/09 J. W. MARSHALL $ 2 ,522.00 01 65051 INFORMATION SYST PROFESSIONAL SERVICES
----Vendor Total---- $ 2 ,622.00

118722 9/22/09 JAMES E. PINGREE $ 2 00.00 01 67428 EMPLOYEE SERVICE AWARD

118668 9/15/09 JAN ROEHL $ 3 ,300.00 01 64051 GRANT WRITING PROFESSIONAL SERVICES

118710 9/22/09 JANE K. MILLER $ 1 00.00 01 67428 EMPLOYEE SERVICE AWARD

118680 9/22/09 JEANETTE G CAMPBELL $ 1 50.00 01 67428 EMPLOYEE SERVICE AWARD

118733 9/22/09 JEFFERY D. WATKINS $ 5 0.00 01 67428 EMPLOYEE SERVICE AWARD

118535 8/25/09 JEROME MOISO $ 1 50.00 01 33405 REIMBURSEMENT FOR PLANNING PERMITS

118729 9/22/09 JOHN L. TRENNER $ 4 00.00 01 67428 EMPLOYEE SERVICE AWARD

118704 9/22/09 JOHN MAGUIRE $ 6 50.00 50 24050 REFUND OF VOLUME DEPOSIT

118565 9/1/09 JOYCE GIUFFRE $ 2 8.60 01 64030 MILEAGE REIMBURSMENT

118725 9/22/09 KAREN H STOTZ $ 2 00.00 01 67428 EMPLOYEE SERVICE AWARD

118569 9/1/09 KATZ, JONATHAN $ 1 00.00 01 36526 REIMBURSEMENT FOR BLDG/PLANNING FEE

118527 8/25/09 KENNEDY, ARCHER & HARRAY $ 3 ,595.50 01 61051 LEGAL PROFESSIONAL SERVICES
118570 9/1/09 KENNEDY, ARCHER & HARRAY $ 9 02.32 01 61051 LEGAL PROFESSIONAL SERVICES
118649 9/15/09 KENNEDY, ARCHER & HARRAY $ 4 ,282.54 01 61051 LEGAL PROFESSIONAL SERVICES
----Vendor Total---- $ 8 ,780.36

118571 9/1/09 KNA GENERAL CONSTRUCTION $ 15,186.55 01 87601 MISSION TRAILS PEDESTRIAN FOOTBRIDGE PROJECT
118607 9/8/09 KNA GENERAL CONSTRUCTION $ 3 ,950.00 01 70050 CITY HALL PARKING LOT RETAINING WALL REPAIR & WINDOW REPAIR
----Vendor Total---- $ 19,136.55

118606 9/8/09 KNAPP MILL & CABINET CO. $ 1 09.11 01 70045 MATERIAL/SUPPLIES
118606 9/8/09 KNAPP MILL & CABINET CO. $ 2 6.38 01 76045 MATERIALS/SUPPLIES
118606 9/8/09 KNAPP MILL & CABINET CO. $ 1 .99 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 1 37.48

118700 9/22/09 KROMER, NICHOLAS $ 1 00.00 01 40727 VISTA LOBOS CLEANING DEPOSIT REFUND

118701 9/22/09 LEADERSHIP MTRY PENINSULA $ 1 ,400.00 01 64030 TUITION FOR COMMANDER M. CALHOUN CLASS OF 2010

118572 9/1/09 LEE & ASSOCIATES RESCUE $ 2 37.46 01 72057 SAFETY EQUIPMENT

118608 9/8/09 LENEVE PAINTING CO., INC. $ 1 ,335.00 01 70050 OUTSIDE LABOR
118702 9/22/09 LENEVE PAINTING CO., INC. $ 6 28.00 01 70050 OUTSIDE LABOR
----Vendor Total---- $ 1 ,963.00

118563 9/1/09 LESLIE FENTON $ 3 5.75 01 64030 MILEAGE REIMBURSEMENT

118660 9/15/09 LEWIS C. NELSON & SONS $ 2 66.25 50 24050 REFUND OF VOLUME DEPOSIT

118529 8/25/09 LIEBERT CASSIDY WHITMORE $ 28,578.61 01 61051 LEGAL PROFESSIONAL SERVICES
118651 9/15/09 LIEBERT CASSIDY WHITMORE $ 22,967.18 01 61051 LEGAL PROFESSIONAL SERVICES
----Vendor Total---- $ 51,545.79

118609 9/8/09 LIU OF NA $ 1 ,446.48 01 21285 RETIREMENT
118609 9/8/09 LIU OF NA $ 1 87.20 01 65016 RETIREMENT
118609 9/8/09 LIU OF NA $ 1 87.20 01 67016 RETIREMENT
118609 9/8/09 LIU OF NA $ 7 48.80 01 69016 RETIREMENT
118609 9/8/09 LIU OF NA $ 2 30.40 01 70016 RETIREMENT
118609 9/8/09 LIU OF NA $ 1 ,540.80 01 76016 RETIREMENT
118609 9/8/09 LIU OF NA $ 3 74.40 01 78016 RETIREMENT
118609 9/8/09 LIU OF NA $ 1 ,082.88 01 84016 RETIREMENT
----Vendor Total---- $ 5 ,798.16

118653 9/15/09 LUNDEEN SCULPTURES LTD $ 9 50.00 01 67425 VALENTINE STATUE REPAIR

118532 8/25/09 MAIL MART $ 4 4.50 01 74038 POSTAGE

118654 9/15/09 MAINSTAY BUSINESS SOLUTIONS $ 6 82.14 01 76050 OUTSIDE LABOR
118705 9/22/09 MAINSTAY BUSINESS SOLUTIONS $ 2 09.88 01 76050 OUTSIDE LABOR
----Vendor Total---- $ 8 92.02

118611 9/8/09 MARINA BACKFLOW COMPANY $ 4 00.00 01 76050 OUTSIDE LABOR
118655 9/15/09 MARINA BACKFLOW COMPANY $ 1 20.00 01 76050 OUTSIDE LABOR
----Vendor Total---- $ 5 20.00

118610 9/8/09 MARTIN'S IRRIGATION $ 4 13.06 01 76045 MATERIALS/SUPPLIES

118539 8/25/09 MELVIN MUKAI $ 3 74.89 01 64030 POLICE STAFF TRAVEL/TRAINING EXPENSES
118573 9/1/09 MELVIN MUKAI $ 1 50.00 01 64030 POLICE STAFF TRAVEL/TRAINING EXPENSES
----Vendor Total---- $ 5 24.89

118679 9/22/09 MICHAEL B. CALHOUN $ 3 00.00 01 67428 EMPLOYEE SERVICE AWARD

118665 9/15/09 MICHAEL K. RACHEL $ 2 ,250.00 01 69051 BUILDING OFFICIAL PROFESSIONAL SERVICES

118709 9/22/09 MIKE'S AUTO BODY $ 2 ,768.50 01 76049 VEHICLE MAINTENANCE

118657 9/15/09 MISSION UNIFORM SERVICE $ 3 16.34 01 76031 CLOTHING EXPENSE
118657 9/15/09 MISSION UNIFORM SERVICE $ 9 0.00 01 76053 CONTRACTUAL SERVICES
118657 9/15/09 MISSION UNIFORM SERVICE $ 6 0.32 01 78031 CLOTHING EXPENSE
----Vendor Total---- $ 4 66.66

118528 8/25/09 MOLLY LAUGHLIN $ 2 5.30 01 64030 MILEAGE REIMBURSEMENT

118617 9/8/09 MONTEREY BAY PLANNING SERVICES $ 1 ,897.50 01 61051 PLANNING SERVICES FOR FLANDERS MANSION
118617 9/8/09 MONTEREY BAY PLANNING SERVICES $ 2 ,553.75 01 69051 PLANNING SERVICES FOR PLAZA DEL MAR
----Vendor Total---- $ 4 ,451.25

118659 9/15/09 MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRIC $ 9 29.00 01 60033 FY 2009/10 ANNUAL CONTRIBUTION

118615 9/8/09 MONTEREY BAY URGENT CARE $ 2 51.68 01 67110 PRE-EMPLOYMENT

118537 8/25/09 MONTEREY COUNTY $ 9 ,871.80 01 60033 FY 2009/10 LAFCO BUDGET ALLOCATION

118536 8/25/09 MONTEREY COUNTY BUSINESS $ 1 24.11 01 74053 CONTRACTUAL SERVICES

118658 9/15/09 MONTEREY COUNTY HERALD $ 2 42.65 01 64034 DOCUMENTS/PUBLICATIONS

118538 8/25/09 MONTEREY COUNTY RECORDER $ 3 2.00 01 64032 PERMITS,LICENSES & FEES
118616 9/8/09 MONTEREY COUNTY RECORDER $ 1 6.00 01 64032 PERMITS,LICENSES & FEES
----Vendor Total---- $ 4 8.00

118613 9/8/09 MONTEREY FIRE EXT. CO. $ 5 0.00 01 72049 EQUIPMENT MAINTENANCE

118614 9/8/09 MONTEREY TIRE SERVICE $ 3 39.08 01 76048 TIRES/TUBES

118713 9/22/09 MUNICIPAL MAINT EQUIP,INC $ 1 50.21 01 76047 AUTOMOTIVE PARTS/SUPPLIES

118574 9/1/09 NEILL ENGINEERS CORP. $ 1 50.00 01 62053 CITY ENGINEER CONTRACTUAL SERVICES

118618 9/8/09 NEW IMAGE LANDSCAPE CO. $ 2 ,937.50 01 78053 CONTRACTUAL SERVICES
118714 9/22/09 NEW IMAGE LANDSCAPE CO. $ 2 ,937.50 01 78053 CONTRACTUAL SERVICES
----Vendor Total---- $ 5 ,875.00

118715 9/22/09 NEXTEL COMMUNICATIONS $ 5 6.92 01 64036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 1 46.06 01 65036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 1 05.29 01 69036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 3 07.10 01 70036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 9 1.74 01 72036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 4 08.88 01 74036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 1 01.64 01 76036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 2 9.34 01 78036 TELEPHONE
118715 9/22/09 NEXTEL COMMUNICATIONS $ 2 4.39 01 82036 TELEPHONE
----Vendor Total---- $ 1 ,271.36

118540 8/25/09 NICHOLS CONSULTING ENG. $ 7 ,085.00 01 64051 TRUCK IMPACT FEE TRAFFIC STUDY

118541 8/25/09 NIELSEN BROS. MARKET,INC. $ 2 0.00 50 24050 SENIORS-HELPING SENIORS PROGRAM EXPENSES
118661 9/15/09 NIELSEN BROS. MARKET,INC. $ 4 0.00 50 24050 SENIORS-HELPING SENIORS PROGRAM EXPENSES
----Vendor Total---- $ 6 0.00

118575 9/1/09 OFFICE DEPOT, INC. $ 1 39.68 01 64043 OFFICE SUPPLIES
118662 9/15/09 OFFICE DEPOT, INC. $ 5 .83 01 69043 OFFICE SUPPLIES
118662 9/15/09 OFFICE DEPOT, INC. $ 4 4.97 01 72043 OFFICE SUPPLIES
118662 9/15/09 OFFICE DEPOT, INC. $ 2 09.25 01 74043 OFFICE SUPPLIES
118716 9/22/09 OFFICE DEPOT, INC. $ 8 0.76 01 64043 OFFICE SUPPLIES
118716 9/22/09 OFFICE DEPOT, INC. $ 1 70.40 01 65042 OFFICE MACHINE SUPPLIES
118716 9/22/09 OFFICE DEPOT, INC. $ 3 1.43 01 69043 OFFICE SUPPLIES
----Vendor Total---- $ 6 82.32

118619 9/8/09 ORCHARD SUPPLY $ 1 15.61 01 72047 AUTOMOTIVE PARTS
118619 9/8/09 ORCHARD SUPPLY $ 3 0.34 01 76045 MATERIALS/SUPPLIES
118619 9/8/09 ORCHARD SUPPLY $ 7 7.77 01 76054 TOOLS/EQUIPMENT
118619 9/8/09 ORCHARD SUPPLY $ 7 8.17 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 3 01.89

118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 5 80.31 01 64026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 8 5.78 01 70026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 7 46.18 01 72026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 2 ,891.14 01 74026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 1 ,452.69 01 76026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 3 7.86 01 78026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 3 26.84 01 82026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 2 ,459.54 01 84026 UTILITIES
118620 9/8/09 PACIFIC GAS & ELECTRIC CO $ 3 14.97 60 81026 UTILITIES
Page 6 of 8 K:\Shared\CITYHALL\DATA\CITY CLERK\COUNCIL\PACKETS\2009\October 6, 2009----Vendor Total---- $ 8 ,895.31

118542 8/25/09 PACIFIC GROVE LAND COMPANY LLC $ 2 5.00 50 24050 CONSULTANT REVIEW REFUND-PLAZA DEL MAR

118717 9/22/09 PACIFIC SMOG $ 4 8.00 01 76049 VEHICLE MAINTENANCE

118621 9/8/09 PACIFIC TRUCK PARTS, INC. $ 1 3.64 01 76047 AUTOMOTIVE PARTS/SUPPLIES

118578 9/1/09 PAUL TOMASI $ 1 00.00 01 64030 POLICE STAFF TRAVEL/TRAINING EXPENSES
118727 9/22/09 PAUL TOMASI $ 3 36.74 01 64030 POLICE STAFF TRAVEL/TRAINING EXPENSES
118727 9/22/09 PAUL TOMASI $ 6 4.95 01 74031 REIMBURSEMENT FOR CLOTHING EXPENSE
----Vendor Total---- $ 5 01.69

118623 9/8/09 PENINSUL HYDRONICS INC. $ 8 96.25 01 70050 OUTSIDE LABOR

118622 9/8/09 PENINSULA MESSENGER SERVICE $ 4 ,260.00 01 64204 MAIL SERVICE CONTRACT

118720 9/22/09 PETTY CASH $ 6 1.51 01 72095 OPERATIONAL SERVICES/SUPPLIES
118543 8/25/09 PETTY CASH - MUTUAL AID $ 8 9.48 01 72600 EMERGENCY RESPONSE TRAINING EXPENSES
118664 9/15/09 PETTY CASH - RECREATION $ 7 .40 01 82055 COMMUNITY ACTIVITIES
118664 9/15/09 PETTY CASH - RECREATION $ 2 7.08 50 24050 COMMUNITY SPECIAL EVENTS
118721 9/22/09 PETTY CASH - RECREATION $ 8 9.88 50 24050 COMMUNITY SPECIAL EVENTS
118719 9/22/09 PETTY CASH-ADMINISTRATION $ 2 5.25 01 60095 OPERATIONAL SUPPLIES/SERVICES
118719 9/22/09 PETTY CASH-ADMINISTRATION $ 6 5.89 01 64030 TRAVEL/TRAINING EXPENSES
118719 9/22/09 PETTY CASH-ADMINISTRATION $ 2 0.56 01 64043 OFFICE SUPPLIES
118719 9/22/09 PETTY CASH-ADMINISTRATION $ 2 0.52 01 64055 COMMUNITY ACTIVITIES
118719 9/22/09 PETTY CASH-ADMINISTRATION $ 3 4.67 01 67043 OFFICE SUPPLIES
118719 9/22/09 PETTY CASH-ADMINISTRATION $ 3 0.00 01 67130 EMPLOYEE IMMUNIZATION PROGRAM
----Vendor Total---- $ 4 72.24

118624 9/8/09 POSTMASTER $ 1 00.00 01 76095 OPERATIONAL SERVICES/SUPPLIES

118723 9/22/09 PROFESSIONAL PROP MAINT $ 7 ,253.08 01 70053 CONTRACTUAL SERVICES

118625 9/8/09 PROPERTY SERV/MAINTENANCE $ 5 4.10 01 78045 MATERIAL/SUPPLIES
118625 9/8/09 PROPERTY SERV/MAINTENANCE $ 1 ,040.00 01 78053 CONTRACTUAL SERVICES
----Vendor Total---- $ 1 ,094.10

118626 9/8/09 PSTS, INC. $ 5 00.00 01 76050 OUTSIDE LABOR

118544 8/25/09 PUBLIC STORAGE $ 2 86.00 01 67053 CONTRACTUAL SERVICES

118530 8/25/09 RACHELLE D. LIGHTFOOT $ 1 20.69 01 64030 POLICE STAFF TRAVEL/TRAINING EXPENSE.

118545 8/25/09 RANCHO CAR WASH $ 5 9.59 01 74050 OUTSIDE LABOR
118666 9/15/09 RANCHO CAR WASH $ 8 9.01 01 74050 OUTSIDE LABOR
----Vendor Total---- $ 1 48.60

118667 9/15/09 RBF CONSULTING $ 3 ,051.80 01 88401 GENERAL PLAN PROJECT EXPENSES
118667 9/15/09 RBF CONSULTING $ 2 ,441.30 01 88406 GENERAL PLAN HOUSING ELEMENT PROJECT EXPENSES
----Vendor Total---- $ 5 ,493.10

118531 8/25/09 ROBERT LITTELL ARCHITECT $ 3 40.00 50 24050 VOLUME STUDIES
118703 9/22/09 ROBERT LITTELL ARCHITECT $ 8 50.00 50 24050 VOLUME STUDIES
----Vendor Total---- $ 1 ,190.00

118605 9/8/09 ROBERT S. JAQUES $ 2 ,600.00 01 76055 STORM WATER RUNOFF PROGRAM EXPENSES

118576 9/1/09 ROBERTSON, LAURETTE $ 1 8.00 01 31820 REFUND OF BUSINESS LICENSE TAX OVERPAYMENT

118726 9/22/09 ROY L. THOMAS $ 4 00.00 01 67428 EMPLOYEE SERVICE AWARD

118596 9/8/09 RYAN RANCH PRINTERS $ 5 8.46 01 76039 PRINTING
118645 9/15/09 RYAN RANCH PRINTERS $ 5 8.46 01 64039 PRINTING
----Vendor Total---- $ 1 16.92

118627 9/8/09 SAFETY-KLEEN $ 3 71.36 01 76050 OUTSIDE LABOR

118559 9/1/09 SEAN CONROY $ 4 8.95 01 64030 MILEAGE REIMBURSEMENT

118577 9/1/09 SEASIDE GARDEN CENTER $ 5 64.60 01 78045 MATERIAL/SUPPLIES
118629 9/8/09 SEASIDE GARDEN CENTER $ 1 9.93 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 5 84.53

118724 9/22/09 SMITH TREE SERVICE $ 6 40.00 01 78050 OUTSIDE LABOR

118583 9/8/09 STANDARD INSURANCE CO. $ 1 3.04 01 67018 EMPLOYEE LIFE INSURANCE

118517 8/25/09 SUSAN DESAUTELS $ 3 30.00 50 24050 REFUND OF VOLUME DEPOSIT

118669 9/15/09 THE DUPLICATION CONNECTION $ 4 6.01 01 61034 DOCUMENTS/PUBLICATIONS

118707 9/22/09 TIMOTHY J. MERONEY $ 1 84.00 01 76049 VEHICLE MAINTENANCE

118670 9/15/09 T-MOBILE $ 1 29.78 01 74053 CONTRACTUAL SERVICES

118728 9/22/09 TORO PETROLEUM $ 4 ,610.28 01 76046 FUEL

118579 9/1/09 TORRE ENGINEERING CO. $ 9 3.95 01 70045 MATERIAL/SUPPLIES

118580 9/1/09 TRISTAR RISK MANAGEMENT $ 1 ,900.00 01 67424 WORKERS COMP RUN-OUT CLAIMS ADMIN FEE

118547 8/25/09 TRUCKSIS ENTERPRISES,INC. $ 6 00.00 01 69055 INSTALL/TAKE DOWN BANNERS
118730 9/22/09 TRUCKSIS ENTERPRISES,INC. $ 1 50.00 01 69055 INSTALL/TAKE DOWN BANNERS
----Vendor Total---- $ 7 50.00

118581 9/1/09 TURNOUT SERVICES $ 4 8.85 01 72057 SAFETY EQUIPMENT

118718 9/22/09 ULRICH G. PERETZ $ 1 00.00 01 67428 EMPLOYEE SERVICE AWARD

118731 9/22/09 UNION BANK OF CALIFORNIA $ 387,694.05 01 91809/10 SUNSET CENTER BOND PAYMENT-PRINCIPAL & INTERES

118630 9/8/09 VALLEY SAW & GARDEN EQUIP $ 1 44.42 01 76049 EQUIPMENT MAINTENANCE
118630 9/8/09 VALLEY SAW & GARDEN EQUIP $ 5 7.33 01 78054 TOOLS/EQUIPMENT
118630 9/8/09 VALLEY SAW & GARDEN EQUIP $ 3 5.00 01 78057 SAFETY EQUIPMENT
118732 9/22/09 VALLEY SAW & GARDEN EQUIP $ 1 ,477.81 01 70045 MATERIAL/SUPPLIES
----Vendor Total---- $ 1 ,714.56

118671 9/15/09 VAPOR CLEANERS INC $ 5 0.75 01 74095 OPERATIONAL SERVICES/SUPPLIES

118672 9/15/09 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 8 50.00 50 24050 VOLUME STUDIES

118548 8/25/09 WASSON'S CLEANING SVCS. $ 1 ,000.23 01 74053 CONTRACTUAL SERVICES
118673 9/15/09 WASSON'S CLEANING SVCS. $ 9 23.23 01 74053 CONTRACTUAL SERVICES
----Vendor Total---- $ 1 ,923.46

118551 8/25/09 WE TIP $ 1 ,500.00 01 74055 FY 2009/10 ANNUAL MEMBERSHIP FEES

118549 8/25/09 WELLS FARGO (CREDIT CARD) $ 1 88.75 01 65045 MATERIALS/SUPPLIES
118549 8/25/09 WELLS FARGO (CREDIT CARD) $ 8 4.98 01 65049 EQUIPMENT MAINTENANCE
118549 8/25/09 WELLS FARGO (CREDIT CARD) $ 1 26.95 01 65053 CONTRACTUAL SERVICES
118550 8/25/09 WELLS FARGO (CREDIT CARD) $ 4 2.80 01 82055 COMMUNITY ACTIVITIES
118735 9/22/09 WELLS FARGO (CREDIT CARD) $ 6 00.96 01 72095 OPERATIONAL SERVICES/SUPPLIES
118736 9/22/09 WELLS FARGO (CREDIT CARD) $ 2 62.00 01 64030 TRAINING/PERSONAL EXP.
118737 9/22/09 WELLS FARGO (CREDIT CARD) $ 6 0.00 01 64030 TRAINING/PERSONAL EXP.
118738 9/22/09 WELLS FARGO (CREDIT CARD) $ 2 6.00 01 67032 PERMITS, LICENSES & FEES
118738 9/22/09 WELLS FARGO (CREDIT CARD) $ 1 21.59 01 70031 CLOTHING EXPENSE
118738 9/22/09 WELLS FARGO (CREDIT CARD) $ 7 5.44 01 82055 COMMUNITY ACTIVITIES
----Vendor Total---- $ 1 ,589.47

118582 9/1/09 YATES GEAR INC. $ 4 92.28 01 72057 SAFETY EQUIPMENT

232 Checks Total: $809,967.80

CITY COUNCIL: Resolution Authorizing Cooperative Purchasing Agreement with Monterey for Grid Pruning Project & Award Contract to West Coast Arborists

Meeting Date: September 1, 2009
Prepared by: Mike Branson

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc (WCA) in an amount not to exceed $36,979.

Description: Grid pruning involves safety and structural pruning of public trees. In the FY 2009-10 budget, $36,979 was allocated for this Forestry Division project
(Account # 01-78053). A cooperative purchase agreement with WCA is based on the competitive bid process and a contract awarded for tree maintenance by the City of Monterey, which will provide the City of Carmel-by-the-Sea with an efficient, low-cost resource for tree pruning and related services.

Overall Cost:
City Funds: $36,979 (Account 01-78053)
Grant Funds: N/A

Staff Recommendation: Adopt a Resolution approving the cooperative purchasing agreement for a grid pruning project with the City of Monterey and award the contract for the project to West Coast Arborists, Inc. in an amount not to exceed $36,979.

Important Considerations: WCA has worked for the City of Carmel-by-the-Sea and other
Monterey County cities, including Monterey, Salinas, Pacific Grove, and Soledad.
The rates and terms offered to Carmel are based on the City of Monterey’s current
“Tree Maintenance Open End Contract” with WCA. Cooperative purchase agreements and contract awards for public works projects are permitted under sections 3.12.170 and 3.12.430 of the Municipal Code.

Decision Record: Resolution 2008-51, approved on August 5, 2008, authorized a similar
contract under a cooperative purchase agreement with West Coast Arborists Inc. in FY 2008-2009.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE EXECUTION OF A CONTRACT WITH WEST COAST ARBORISTS, INC. FOR THE GRID PRUNING OF URBAN FOREST TREES IN AN AMOUNT NOT TO EXCEED $36,979

WHEREAS, $36,979 was budgeted in FY 2009-2010 for grid pruning of urban forest
trees; and

WHEREAS, the City may take advantage of a cooperative purchasing agreement, as
allowed per Municipal Code sections 3.12.170 and 3.12.430, because the City of Monterey conducted a competitive bid process for a similar project; and

WHEREAS, West Coast Arborists, Inc. was the low bidder and its contract was
renewed for FY 2009-10.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to execute a contract with West Coast Arborists, Inc., for tree maintenance in an amount not to exceed $36,979.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of September 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

Contract
Page 1
CITY OF CARMEL-BY-THE-SEA
GRID PRUNING OF URBAN FOREST TREES
CONTRACT
THIS CONTRACT is made and entered into on the 1st day of September 2009, by and
between the City of Carmel-by-the-Sea, Monterey County, State of California, hereinafter called
“City”, and West Coast Arborists, hereinafter called “Contractor”.
WITNESSETH: That City and Contractor have mutually covenanted and agreed, and by
these presents do covenant and agree with each other as follows:
1. That for and in consideration of the covenants and agreements hereinafter contained on
the part of City, and the sums of money hereinafter designated to be paid to Contractor by City in
the manner and form as shown in the attached specifications, Contractor hereby covenants and
agrees to, to furnish all labor, tools, appliances, equipment, plant and transportation, and any and all
other expenses necessary or incidental to the performance of certain work hereinafter specified and
to complete the public work herein referred to for City, for the schedule and items awarded, all as
more particularly and in detail set forth in those certain specifications filed in the office of the City
Administrator, and identified by the signatures of the parties to this agreement. True copies of the
contract documents together with all modifications incorporated in those documents before their
execution, are hereunto annexed by and reference thereto incorporated herein and made a part hereof
as though in this document fully set forth. The contract documents shall consist of this Contract, (6
pages); Specifications (5 pages), and Exhibit A (3 pages).
2. Contract Price: Contractor agrees to receive and accept and City agrees to pay the
proposal prices as full compensation for furnishing all materials and for doing all the work embraced
and contemplated in this agreement and as set forth in the Contractors proposal submitted to the City
of Carmel-by-the-Sea, on the 30th day of March, 2009 and the true copy thereof attached, and for
all loss or damage arising out of the nature of said work, or from the action of the elements from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the
risk connected with the work, and for well and faithfully completing the work and the whole thereof,
in the manner and according to the said specifications and the requirements of the Project Manager
(City representative) under them, to wit: the Contract price of $36,979.00 as set forth in the
Contractor’s Proposal of Bidder for the work awarded under this agreement.
Contractor further agrees to plan the work and to prosecute it with such diligence that said
work, and all of it, shall be completed no later than 30 June 2010 after the execution of this Contract
on behalf of the City.
Upon completion, the Contractor shall present a Statement of Compliance, if applicable.
Attached thereto there shall be copies of payroll certification records indicating the prevailing hourly
rate of per diem wages for this locality (Area 2) pursuant to Labor Code Section 1773.2.
Pursuant to SB222, City is required to withhold from any progress payments owed to a
contractor any amount that has been forfeited as penalties, or as wages owed to employees who have
not been paid the prevailing wage for work performed. This allows the intervention by the Division
27
Contract
Page 2
of Labor Standards Enforcement, which is headed by the State Labor Commission, in a contractor’s
lawsuit for recovery of amounts withheld by an awarding body. All withheld wages and penalties
will be transferred to the Labor Commissioner for disbursement in those cases where a contractor
fails to bring a lawsuit for amounts withheld within ninety (90) days after completion of the public
works contract and formal acceptance of the job by the awarding body. The Labor Commissioner is
then permitted to intervene in any lawsuit brought by the contractor against an awarding body for
recovery of amounts withheld.
Certified payroll records must be on the forms provided by the Division of Labor or contain
the same information required on the Division’s form.
3. Payment. Contractor shall be paid for the work within thirty (30) days of
satisfactory completion. Notice of Completion shall be given to City in writing. If any work is not
satisfactorily completed, City shall have the right to withhold from the payment a sum equal to one
and one-half times the estimated costs of satisfactorily completing the work. City shall have the
right to use said sum to pay Contractor for satisfactorily completing the work, or upon refusal of
Contractor to satisfactorily complete the work, to pay another contractor to do so. Any money
remaining after satisfactory completion shall be paid to Contractor, less any sums owed City by
Contractor. Contractor shall have the right to substitute securities for any monies withheld by City
to ensure performance under this agreement pursuant to Government Code Section 4590.
4. The parties agree that this Contract shall be binding upon themselves, their heirs,
executors, administrators, successors and assignees and hereby agree to the full performance of the
covenants herein contained.
5. No interest in this Contract shall be transferred by Contractor to any other party, and
any such transfer shall cause annulment of this Contract, so far as City is concerned. All rights of
action, however, for any breach of this contract are reserved to City.
6. Supplies. Contractor shall keep harmless, indemnify and defend City, its officers
and agents, on account of articles supplied by Contractor under this Contract, of which it is not
patentee or which it is not entitled to use or sell.
7. Hold Harmless. Contractor agrees to hold harmless, indemnify and defend City,
its elected officials, agents, officers, and employees thereof, including the Project Manager (City’s
representative), while acting within the scope of their duties from and against any and all liability,
claims, damages and cost of defense arising out of Contractor’s performance of the work described
herein including injuries and damages arising from negligence of City or others except for injuries
and damages arising from sole negligence of City. Contractor shall require any and all
subcontractors to conform to the provisions of this clause and provide proof of all required insurance
prior to commencing any work.
8. Warranties. Contractor shall immediately correct all defective workmanship
discovered within one year after acceptance of final payment by Contractor, and shall hold harmless,
indemnify and defend City against all loss and damage occasioned by any such defect, discovered
within said year, even though the damage or loss may not be ascertained until after the expiration
thereof.
28
Contract
Page 3
9. Independent Contractor. While engaged in carrying out the terms and conditions of
this Agreement, Contractor is an independent contractor and not an officer, employee or agent of
City. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees is in any manner, an agent or employee of City.
10. Contractor shall provide:
A. Workers’ Compensation Insurance. Contractor shall maintain adequate Workers’
Compensation insurance in the State of California, and shall provide employers general liability
insurance for the benefit of its employees and the employees of any subcontractor under it, not
protected by such compensation laws, and proof of such insurance, satisfactory to City, shall be
given by filing certificates of such insurance with City, in a form satisfactory to City. If such
insurance is underwritten by any agency other than the State Compensation Fund, such agency shall
be a company authorized to do business in the State of California. Contractor shall not commence
work until certified proof of insurance has been provided to, and accepted by, City.
B. Public Liability and Property Damage Insurance. Contractor shall take out and
maintain during the life of this Contract such public liability and property damage insurance as shall
protect it and any subcontractor performing work covered by this contract from claims for personal
injury or property damages which may arise because of the nature of the work or from operations
under this contract, whether such operations be by Contractor or by any subcontractor or anyone
directly or indirectly employed by either of them. The Public Liability, Personal Injury and Property
Damage Insurance shall also directly protect the City, its officers, agents and employees, as well as
the Contractor and its subcontractors, and all insurance policies issued hereunder shall so state:
The City of Carmel-by-the-Sea, its elected officials, officers, agents and employees shall
be specifically named, by written endorsement to the Certificate of Insurance, as additional
insured for this project under such insurance policy and Contractor shall provide City with a
certificate of such insurance for the term of this contract. The amounts of such insurance shall
be as follows: One Million Dollars ($1,000,000.00).
Said insurance shall be with a company acceptable to City and shall be primary over any
other valid or collectible insurance City may have. The insurance carrier shall provide City with a
certificate evincing the existence of the insurance and specifying compliance with these terms and
the issuing company shall agree to provide City with thirty (30) days prior written notice of
cancellation or non-renewal of the policy.
Contractors liability insurance and automobile liability insurance covering all vehicles used in
the performance of the Contract providing for public liability, personal injury and property damage
insurance with limits of the not less than one million dollars ($1,000,000) combined single limit.
11. Safety. Contractor shall conform to the rules and regulations pertaining to
safety established by the California Division of Industrial Safety.
29
Contract
Page 4
12. Liquidated Damages. In consideration of liquidated damages to City, occasioned
by Contractor not completing the work within the time set for Contractors performance, City having
to prepare termination notices, prepare specifications to complete the work, relet bids, and
experience the general delay of not having the work completed in a timely fashion, the parties agree
that it would be extremely difficult and impractical to fix actual damages and that Contractor agrees
if the Contract is not completed within the time period specified in the Contract, it will pay to City
the sum of one-hundred dollars ($100) each and every calendar days delay in finishing the work in
excess of the number of working days prescribed in the Contract, said sum of liquidated damages to
be deducted from the amount due the Contractor for work completed.
13. Conflicts in Documents. This Contract and the contract documents are intended to
constitute one complete and consistent contract. Should any conflict exist, Contractor shall secure
written instructions from Project Manager (City’s representative) before proceeding.
14. Protecting Trees. Contractor acknowledges that it is familiar with City’s policies for
the protection of trees and agrees to take all reasonable precautions to protect trees not subject to
trimming or removal from damage, which might be caused during the work. (Refer to the Municipal
Code of the City of Carmel-by-the-Sea, Chapter 12.28)
15. Inspection. City shall at all times have the right to inspect the work and materials.
Contractor shall furnish all reasonable aid and assistance required by City for the property
examination of the work and all parts thereof. Such inspection shall not relieve Contractor from any
obligation to perform said work strictly in accordance with the specifications or any modifications
thereof and in compliance with the law.
16. Conflict of Interest. Contractor covenants that neither it nor any person working for
it or with it to provide the services called for by this Contract has any interest, nor shall any person
acquire any interest, directly or indirectly, which would conflict in any manner or degree with the
performance of the services hereunder. Contractor further covenants that in the performance of this
Contract, no person having such interest shall be employed by Contractor.
17. Nondiscrimination. Contractor agrees that in the performance of this Contract or any
sub-agreement hereunder, neither Contractor nor any person acting on Contractors behalf shall
refuse to employ or refuse to continue in any employment any person on the basis of race, religious
creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual
preference, sex or age. Harassment in the workplace is not permitted in any form. Contractor
further agrees to comply with all laws with respect to employment when performing this Contract.
18. Suspension, Abandonment or Termination of Work. It is mutually agreed that
City may suspend, abandon in whole or in part, or terminate this Contract upon five (5) days written
notice to Contractor, in which case City shall pay Contractor for services rendered and work
completed at the time of suspension.
19. Changes. Any changes or amendments to this Contract shall be written,
consecutively numbered, change orders. City may, from time to time, amend or modify the scope of
the work to be performed hereunder.
30
Contract
Page 5
20. Disputes. Disputes and other matters in question between Contractor and City’s
representative relating to this Contract shall be referred to the City Administrator or his duly
authorized representative, who will render a decision within a reasonable period of time.
21. Claims. Claims for time extensions or cost increases from Contractor shall be
considered valid only if Contractor notifies the City Representative of any such claim in writing
within five (5) working days from the date of the circumstances allegedly justifying the claim,
unless otherwise stated in the Contract specifications. The formal, written claim shall be submitted
to the City representative within ten (10) working days of the notification date, or no later than
fifteen (15) days from the date of the circumstances allegedly justifying the claim. The City
representative may negotiate the claim with Contractor and render a decision in writing. Claims not
resolved by the City representative may be appealed to the City Administrator. An appeal to the
City Administrator shall be submitted, in writing, within five (5) working days from Contractor’s
receipt of written notice from the City representative that the claim has been rejected. The City
Administrator’s decision shall be final. Acceptance of a final contract payment by Contractor shall
constitute a waiver of any further claims by it, except those previously made in writing and
identified by Contractor as unsettled at the time of application for payment.
22. Notice. Any notice or notices required or permitted to be given pursuant to this
Contract may be personally served on the other party giving such notice or may be served by
Certified Mail, Return Receipt Requested, to the following addresses:
City Contractor
Heidi Burch West Coast Arborists
City Clerk 2200 E. Via Burton Street
City of Carmel-by-the-Sea Anaheim, CA 92806
Post Office Box CC
Carmel-by-the-Sea, CA 93921
23. Contractor’s License. Contractor warrants and declares that its California
Contractor’s license number #366764 (B-49/C-61 & C-27) is valid, and that its expiration date is
__________.
24. Business License. The Contractor’s Carmel-by-the-Sea business license number is
19983; with an expiration date of 06/30/10.
25. Attorneys Fees. If either party hereto should bring any suit against the other party
hereto (formal judicial proceeding, mediation or arbitration), for the breach of any term, covenant,
condition or obligation herein contained to be kept, by such other party, for the recovery of any sum
due hereunder, or to recover possession of the premises, or for any summary action for forfeiture of
the Lease or to prevent further violations of any of the terms, covenants, conditions or obligation, or
for any other relief then, and in that event, the case shall be handled in Monterey County, California,
31
Contract
Page 6
and the prevailing part in such suit or summary action shall be entitled to a reasonable attorneys fee
to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the
judgment, together with all costs.
Dated: __________________, 2009 CONTRACTOR
By:
(Typed or Printed Name) (Signature)
(Title)
Recommended By:
Mike Branson, City Forester
Dated: _____________________, 2009 CITY OF CARMEL-BY-THE-SEA,
a Municipal Corporation,
ATTEST:
By:
Heidi Burch, City Clerk Rich Guillen, City Administrator

CITY COUNCIL: Resolution Entering into Agreement with William Camille for Forest Theater Construction Phasing & Cost Planning Services

Meeting Date: September 1, 2009
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with William Camille
for construction phasing and cost planning services for the Forest Theater in an
amount not to exceed $15,000.

Description: Richard McCann has completed the Schematic Design for the Forest
Theater Renovation Project. Submitted with the Schematic Design was a phasing scheme including cost estimates that focused more on functionality as they relate to the user groups and the audience. The McCann estimates were exclusively for construction work and did not include soft costs and non-construction costs.

At the request of staff, William Camille submitted a bid to review the proposed Forest Theater Renovation from a project management perspective. Mr. Camille has extensive experience in managing construction projects. His recommendation is to retain Mack5 to help analyze the project construction phasing costs. Their combined review will provide the City with a project scope that emphasizes compliance with the Americans with Disabilities Act (ADA) and construction of new restroom facilities.

Overall Cost:
City Funds: $15,000
Grant Funds: N/A

Staff Recommendation: Approve the Resolution.

Important Considerations: It is important to understand the implications of phasing the Renovation Project. A carefully conceived phasing plan is imperative in the
financial planning of the proposed Renovation Project.

Decision Record: The City Council held a workshop at the Forest Theater and has
reviewed the progress of the Renovation Project at several Council meetings.

Reviewed:


Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH WILLIAM CAMILLE FOR CONSTRUCTION PHASING AND COST PLANNING SERVICES FOR THE FOREST THEATER IN AN AMOUNT NOT TO EXCEED $15,000

WHEREAS, the Forest Theater Renovation Project is an approved project in the Annual
Work Plan for Fiscal Year 2009/2010;

WHEREAS, the Schematic Design for the Forest Theater Renovation Project has been
completed;

WHEREAS, the City is seeking assistance on developing a construction-phasing plan and related construction costs for the Forest Theater Renovation;

WHEREAS, William Camille, with the assistance of Mack5, have the expertise to
provide project construction phasing and cost estimate services.

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

1. Approve entering into an agreement with William Camille for an amount not to
exceed $15,000.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of September, 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: Application for Homeless Prevention & Rapid Re-Housing Program Stimulus Grant Funding

Meeting Date: September 1, 2009
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Approval of the City’s application for the Homeless Prevention and Rapid Re-Housing program stimulus grant funding.

Description: The Monterey County Redevelopment and Housing Office submitted a grant
application on behalf of its local jurisdictions to the California State Department of Housing and Community Development for the Homeless Prevention and Rapid Re-Housing Program (HPRP) Stimulus Funding. The State announced in mid-July that it
would distribute nearly $43 million in HPRP funding statewide, as part of the federal
stimulus package. Funds must be used for rental assistance and support services to those at risk of homelessness.

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

Recommendation: Approve the application sent to the Monterey County Redevelopment and
Housing Office on July 30, 2009.

Important Considerations: The timeframe from receipt of the information announcing the availability of these funds to the filing deadline was less than one week. In order for the City of Carmel-by-the-Sea to be eligible to receive these funds, City Administrator Guillen sent in the necessary application prior to receiving Council approval. The completed application is included for Council review.

Decision Record: None.

Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date

CITY COUNCIL: Resolution Accepting Donation for Bench at Sunset Center Plaza

Meeting Date: September 1, 2009
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Consideration of a Resolution accepting a $1,163 donation from Henry Newman
to purchase and install an eight-foot bench at the Sunset Center Plaza.

Description: The City received a donation of $1,133 from Henry Newman to purchase and
install an eight-foot bench at the Sunset Center Plaza.

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

Staff Recommendation: Approve the Resolution accepting Henry Newman’s donation for an
eight-foot bench at the plaza at the Sunset Center Plaza.

Important Considerations: City Policy C89-41, Acceptance of Donations and Gifts to the City, requires City Council approve donations to the City valued at $1,000 or more.

Decision Record: None.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A DONATION OF $1,163 FROM HENRY NEWMAN TO PURCHASE AND INSTALL AN EIGHT-FOOT BENCH AT THE SUNSET CENTER PLAZA

WHEREAS, Henry Newman generously donated $1,163 to purchase and install an eight-foot bench at the Sunset Center Plaza; and

WHEREAS, the City’s Policy C89-41, Acceptance of Donations and Gifts to the City, requires that City Council approve the acceptance of donations to the City in excess of $1,000.

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

1. Accept with gratitude the $1,163 donation from Henry Newman for an eight-foot
bench for the Sunset Center Plaza.

2. Direct the Mayor to send a letter of thanks to Mr. Newman.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of September 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 for Loan Agreement between City & Trustees of the Devendorf-Galante Historial Trust

CITY CLERK’S OFFICE
CITY OF CARMEL-BY-THE-SEA
September 1, 2009

TO: The Honorable Mayor McCloud & Council Members

FROM: Heidi Burch, City Clerk

SUBJECT: Agenda Item VII-H

The material for:
1. Item VII-H - Consideration of a Resolution authorizing the Mayor to execute a
loan agreement between the City of Carmel-by-the-Sea and the Trustees of the
Devendorf-Galante Historical Trust will be provided under separate cover.

Thank you,

Heidi Burch

CITY COUNCIL: Resolution Authorizing Allocation & Expenditure of California Citizens' Option for Public Safety Grant Funds

Meeting Date: Sept. 1, 2009
Prepared by: Mike Calhoun, Police Commander

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for Fiscal Year 2010-2011.

Description: State Senate Bill (SB 76) provides the City of Carmel-by-the-Sea a $100,000 allocation in grant funds under a public safety grant known as the California Citizens’ Option for Public Safety (COPS).

Overall Cost:
FY 10-11
City Funds: $ 6,454
Grant Funds: $ 100,000 (plus interest)

Staff Recommendation: Staff recommends adoption of the proposed Resolution.

Important Considerations:
Adoption of the proposed Resolution would allow the funding of one police officer
position that will be assigned to front-line patrol. The grant officer position also would provide the ability to dedicate one existing officer to traffic safety education and enforcement.

Decision Record:
Resolution 2008-61, authorizing the FY 2008-09 expenditure for COPS funds for a police officer position, motorcycle officer stipend pay, and crime prevention.

Reviewed by:

_________________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
POLICE DEPARTMENT
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E.RAWSON, DIRECTOR OF PUBLIC SAFETY
MIKE CALHOUN, COMMANDER
MEL MUKAI, SERGEANT
DATE: AUGUST 17, 2009
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE ALLOCATION AND EXPENDITURE OF THE CALIFORNIA CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS FOR FY 2010-2011

DESCRIPTION:
Consideration of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2010-2011.

RECOMMENDED MOTION:
Adopt the Resolution.

BACKGROUND:
The Citizens’ Options for Public Safety (COPS) Program was signed into law by Governor Gray Davis in July 2000. The COPS program established a "Supplemental Law Enforcement Special Fund (SLESF)”, which annually allocates entitlement grants to cities and counties to augment public safety. The grant amounts vary based on population. Historically, smaller communities such as Carmel-by-the-Sea receive a minimum fixed amount of $100,000.

COPS funds may not be remitted until certain processes are completed, as required by
Government Code § 30061 – 30065. These statutes require the Director of Public Safety to propose a spending plan and submit it to City Council for review. The Council also must hold a public hearing, allow for public comment, and adopt the spending plan by Resolution. After City Council ratification, the Resolution is forwarded to the County of Monterey Supplemental Law Enforcement Oversight Committee (SLEOC), which reviews and certifies that the spending plan complies with the above-referenced Government code requirements.

SLESF funds are restricted to front-line municipal police services and must supplement--not supplant--current front-line law enforcement services.

Funds must be encumbered or spent within the two-year grant cycle. Any unspent funds must be remanded back to the state via the County Auditor’s office.
This year, the State of California has again approved the COPS grant funds for California law enforcement agencies. The City of Carmel-by-the-Sea will receive $100,000 as an entitlement grant, with no match required to receive these funds.
During the past eight years, the provision of $100,000 in grant funds was more than adequate to pay the salary and benefits of one Carmel police officer. The remaining balance was used to cover FLSA expenses related to the traffic safety (motorcycle) officer stipend pay, and other non-traffic crime prevention programs. In FY 2010-2011, however, the expenses of funding one police officer and traffic safety officer stipend pay will slightly exceed the $100,000 (plus interest) grant allocation, so it will be necessary to make a nominal general fund adjustment to make up the difference (see Fiscal Impact below).

STAFF REVIEW:
Staff recommends all $100,000 (plus interest) of grant funds be spent on the salary and benefits of one (1) existing full-time police officer for FY 2010-11. The forecasted amount for a FY 10-11 police officer is $103,154. Consequently, the remaining excess of salary/benefits ($3,154) plus the motor officer stipend pay ($3,300) must be funded from the FY 2010-11 General Fund.

FISCAL IMPACT:
Revenue up to $100,000 plus accrued interest. No match is required for receipt or
expenditure of this grant.

Revenue and Expenses will be incurred in FY 10-11 as follows:
Grant Revenue plus interest…………………..….….$ 100,000
(1) Officer Salary & Benefits estimate…………..….$ (103,154)
Motor Officer Stipend Pay……………………….......$ (3,300)
Estimated net cost to FY 10-11 General Fund............ $ ( 6,454)

SUMMARY:
Utilization of the grant funds, as proposed, ensures patrol staffing remains at a level sufficient to retain one patrol officer. It also allows the City to have another officer, who is dedicated to traffic safety education and enforcement.

Approval of the Resolution allows COPS grant funds to be expended in accordance with the requirements of the grant.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AUTHORIZING THE EXPENDITURE OF THE CALIFORNIA CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS FOR FY 2010-2011

WHEREAS, pursuant to Senate Bill (SB) 76, the City of Carmel-by-the-Sea receives in FY 2010-2011 an allocation of $100,000 as a grant from the Citizen Option for Public Safety (COPS) from the State of California; and

WHEREAS, Senate Bill (SB 76) prohibits the County Auditor from transferring
monies to a recipient agency until the County Supplemental Law Enforcement Oversight
Committee (SLEOC) certifies receipt of an expenditure plan approved by the governing
board of the agency pursuant to a public hearing; and

WHEREAS, the Carmel Police Department has recommended a program to benefit front-line law enforcement; and

WHEREAS, the Monterey County SLEOC has the authority to review and approve the proposed spending plan conforms to State Law; and

WHEREAS, public safety will be enhanced by the program.

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

1. Declare that all Citizen’s Option for Public Safety (COPS) program funds will
be expended exclusively to provide front-line law enforcement services, to supplement existing services, and will not be used to supplant any existing
funding for law enforcement services provided by the City of Carmel-by-the-Sea.

2. Authorize the City of Carmel-by-the-Sea to accept FY 2010-11 COPS grant
funds to be transferred to the City General Fund account 01-87543 for Police
Department expenses related to funding one police officer position.

3. Spend grant funds on or before June 30, 2011.

4. Authorize Carmel’s FY 2010-11 Supplemental Law Enforcement Spending Plan, as proposed in the recitals above, to be submitted to the Supplemental Law Enforcement Oversight Committee for final approval.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of September, 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: Encroachment Permit Application for Driveway Construction

Meeting Date: 1 September 2009
Prepared by: Marc Wiener, Assistant Planner

City Council
Agenda Item Summary

Name: Consideration of an Encroachment Permit application for the construction of a driveway at the end of Lopez Avenue (SE corner of Lopez & 2nd Avenues). The applicant is Zane Blackmer.

Description: The applicant has requested permission to construct a driveway in the public right-of-way at the end of Lopez Avenue.

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

Recommendation: Determine if the proposed driveway is appropriate.

Important Considerations: Current vehicle access to the property is provided by a dirt driveway located on 2nd Avenue. As developed, this driveway does not provide adequate vehicle access to the property. CMC Section 12.24 permits the construction of driveways in the public right-of-way with the issuance of a permit. In order to obtain a permit, certain conditions must be met with respect to landscaping, drainage and the driveway grade.

Decision Record: The Design Review Board reviewed this project on 22 July 2009 and
recommended that the City Administrator approve this project, with special conditions.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: MARC WIENER, ASSISTANT PLANNER
DATE: 1 SEPTEMBER 2009
SUBJECT: CONSIDERATION OF AN ENCROACHMENT PERMIT APPLICATION FOR THE CONSTRUCTION OF A DRIVEWAY AT THE END OF LOPEZ AVENUE (SE CORNER OF LOPEZ & 2ND AVENUES). THE APPLICANT IS ZANE BLACKMER.

BACKGROUND
The subject property is a 7,908-square-foot parcel of land located at the southeast corner of the Lopez and Second Avenues, across the street from Pescadero Canyon. The lot is currently developed with a two-story home along the hillside. In 2007, an application was approved to construct a new home at this site, but the project was never completed.

Vehicle access to the property is provided by a steeply sloped dirt driveway located on 2nd Avenue. There are two significant trees adjacent to the dirt driveway, which presents an issue for grading or paving in this area. The portion of 2nd Avenue leading up to the driveway is a narrow road that is in need of repair. The road is closed immediately after the driveway. Pedestrian access to the property is provided by a walkway at the end of Lopez Avenue. The homeowner parks on Lopez Avenue and uses the walkway since the driveway, located on 2nd Avenue, is not functional.

PROJECT DESCRIPTION
The applicant has requested permission to construct a driveway at the end of Lopez
Avenue. The proposed driveway is located in the public right-of-way and extends across a vegetated hillside. The applicant proposes to replace the walkway off Lopez Avenue in addition to constructing the driveway and intends to build a new home at this site in the future. The design of the home and the location of the on-site parking depend on whether or not the driveway is approved.

HEARING SUMMARY
Design Review Board: The Design Review Board reviewed this project on 22 July
2009, and recommended that the City Administrator approve the project, with the
following special conditions:
1. The applicant shall revise the landscape plan to include more diversity with the
proposed trees.

2. All conditions stated in CMC Section 12.24.020 shall be met before obtaining a
permit. This includes submitting a driveway grade/drainage agreement.

3. The applicant shall remove the existing driveway located on 2nd Avenue and
provide a landscape plan to improve this area.

4. The applicant shall provide a site coverage plan with site coverage calculations
for the additional parking pad. The site coverage shall not exceed what is permitted for the property.

5. The parking pad shall be a minimum of three feet from the side-yard property line. This shall be reflected on the site coverage plan.

6. The applicant shall apply for an encroachment permit.

7. The revised driveway plan shall address the issue of drainage along the hillside.

The following is a list of considerations that were addressed at the hearing. The City Administrator has referred this application to the City Council.

Accessibility on 2nd Avenue: The Design Review Board toured the site and found that
the existing driveway, located on 2nd Avenue, provides inadequate vehicle access to the property. The turning radius is too narrow to navigate when approaching the driveway in an eastbound direction from 2nd Avenue and it is not possible to approach the driveway from a westbound direction since 2nd Avenue is closed from this direction. The City has no plans to open the road.

Staff informed the Board that in order to have a functional driveway at this location, the applicant must grade the hillside and pave the driveway on 2nd Avenue. The City Forester reviewed this option and concluded that any grading or paving in this area would pose problems because of the surrounding significant trees.

Right-of-Way Character: Residential Design Guideline 1.5 encourages property
owners to “maintain and enhance the informal, vegetated, open space character of the
right-of-way” and states that “with the exception of driveways, new paving in the right-of- way is prohibited.”

The driveway would require removing four trees and clearing vegetation in this area.
The City Forester gave consent to remove the four trees. The applicant submitted a
landscape plan which was reviewed by the Design Review Board. The plan includes four
new replacement trees and adding landscaping to help mitigate the impact. This plan was reviewed by the City Forester and the applicant revised the landscape plan since the first hearing, in accordance with the Forester’s recommendations.

Driveway Design: CMC Section 12.24 permits driveways in the public right-of-way
with the issuance of a permit. In order to obtain a permit, certain conditions must be met pertaining to landscaping, drainage and the driveway grade.
Before the hearing, the Public Works Superintendent reviewed the driveway plan and did not identify any significant issues, including the issue of drainage. A more detailed review will be conducted, however, during the permit phase. The DRB recommended approval with a condition that all of the standards listed in CMC Section 12.24.020 (Permit Conditions) be met, before the issuance of a permit.

Neighbor Comments: Several neighbors of the project, primarily residents located on
Lopez Avenue, submitted letters to the DRB and appeared at the hearing to voice
objections to the driveway. Concerns ranged from increased traffic and parking issues, aesthetics, safety and drainage. These letters have been included for Council review.

One neighbor spoke on the applicant’s behalf at the hearing. Additionally, the applicant obtained signatures from 11 area residents who favor the driveway.

Summary: The Design Review Board considered the concerns raised at the public
hearing and recommended that the City Administrator approve the project since
reasonable vehicle access cannot be provided off of 2nd Avenue. The Board directed the applicant to address the concerns about drainage. The applicant has revised the driveway plan to address the issue of drainage on the hillside.

Several neighbors raised concerns about the safety of the driveway. Since the hearing, staff met with a member of the Police Department at the project site to review the plans.

The officer did not identify any significant safety issues associated with the driveway.

RECOMMENDATION:
Determine if the proposed driveway is appropriate.

CITY COUNCIL: Resolution Adopting Updates to General Plan & Negative Declaration

Meeting Date: 1 September 2009
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting updates to the Circulation, Public Facilities, Open Space/Conservation, Environmental Safety, and Noise Elements of the General Plan and a Negative Declaration.

Description: This project will update five Elements of the General Plan. The updates will include new and/or revised goals, objectives and polices along with improved supporting information in each Element. The project also includes a Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA).

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

Staff Recommendation: Adopt the Resolution.

Important Considerations: The City’s General Plan consists of nine Elements.
While many of these Elements were updated as part of the approvals to the Local Coastal Plan, several others have not been updated in many years. State law requires that general plans remain current and relevant to City decision-making processes. State planning law requires that all City decisions be consistent with the General Plan.

Decision Record: The Planning Commission recommended approval of the project to the City Council on 12 August 2009.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 1 SEPTEMBER 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING UPDATES TO THE CIRCULATION, PUBLIC FACILITIES, OPEN SPACE/CONSERVATION, ENVIRONMENTAL SAFETY, AND
NOISE ELEMENTS OF THE GENERAL PLAN AND A NEGATIVE DECLARATION

INTRODUCTION & BACKGROUND
The General Plan is a long-term policy document that guides decisions of the City
Council, all Commissions, Boards and staff. The General Plan describes the planning
goals and policies for the City and is often referred to as the City’s “constitution”. The current General Plan is divided into nine Elements. These Elements include: Land Use; Circulation; Housing; Coastal Access/Recreation; Coastal Resource Management; Public Facilities; Open Space and Conservation; Environmental Safety; and Noise.

Carmel’s General Plan was combined with its Local Coastal/Land Use Plan to ensure
coordination between the two documents. The Coastal Land Use Plan includes: the Land
Use; Circulation; Coastal Access/Recreation; and Coastal Resource Management
Elements.

While many of the City’s General Plan Elements were updated as part of the Local
Coastal Plan approvals, several other Elements have not been updated in many years.
State law requires that general plans remain current and relevant to City decision-making processes. State planning law requires that all City decisions be consistent with the General Plan.

This project would update the Circulation, Public Safety, Noise, Public Facilities, Open Space and Conservation Elements. This is an update project, not a rewrite of each Element. Therefore, many of the goals, objectives and policies remain unchanged in this project.

The Council’s primary review should focus on the goals, objectives and policies
identified in each Element of the update. In each section, the Council may want to
discuss the following questions:

􀂾 Are some existing goals, objectives or policies outdated and should be removed or
revised?

􀂾 Are the new goals, objectives and policies consistent with the results of the public workshops and community survey?

􀂾 Are the goals, objectives and policies realistic and achievable?

􀂾 Are there goals, objectives and policies that are not included, but should be?

PROCESS
The Planning Commission is advisory to the City Council on this project. The
Commission reviewed drafts of the project on May 20th, July 8th and August 12th 2009,
and unanimously recommended approval of the project. The City Council is the final
decision-making body for all of the Elements, except the Circulation Element, which
requires the approval of the California Coastal Commission.

PUBLIC INPUT
The City held three public workshops in 2007 to gather input on the update project.
Approximately 100 people attended each of the three workshops. The City Council later authorized the distribution of a survey to all property owners, business owners and registered voters. More than 1,000 surveys were returned. During the Planning Commission hearings, numerous oral and written comments were received. The General Plan Update reflects the comments received during the workshops, survey and public hearings.

At the beginning of each Element, a table is included that describes the issues and
opinions from the workshops and the survey. These tables are only provided to facilitate discussion and will be removed upon adoption of the project.

FORMAT
For the most part, the updated Elements follow the same format as the existing General Plan. Each Element begins with a brief introduction, followed by the Goals, Objectives and Policies section. Finally, each Element contains supportive background data. The added goals, objectives and policies are identified by letter. (Example: in the Circulation Element, the new polices are numbered P2-A through P2-N). Once the project is approved, the letters will be removed and the goals, objectives and policies will be renumbered appropriately in descending order.

ELEMENTS
Circulation: This Element provides goals, objectives and policies addressing traffic volume and congestion in Carmel. Because the City is largely built out, the focus of these policies is to maintain a safe environment for vehicle and non-motorized
transportation (e.g. pedestrians and bikes) and encourage alternative modes of
transportation to help minimize the adverse affects associated with single cars.

Some of the goals, objectives and policies address:
􀂾 Improving pedestrian safety.
􀂾 Evaluating traffic-calming measures.
􀂾 Encouraging underground parking.
􀂾 Evaluating a paid parking program.
􀂾 Continuing to explore shuttle opportunities.

Public Facilities & Services: The Public Facilities and Services Element addresses
components of community life important to the education, culture, recreation and social well being of the residents of Carmel-by-the-Sea and its Sphere of Influence. This aspect of Carmel-by-the-Sea is distinguished by a number of public and semi-public structures and facilities and by the existence of various public and private agencies and commissions with responsibility for programs and operations. This Element sets out the goals, objectives and operational policies governing these facilities and agencies.

Some of the goals, objectives and policies address:
􀂾 Maintaining and improving City facilities.
􀂾 Periodically reviewing City facilities and uses.
􀂾 Reducing waste and improving recycling efforts.
􀂾 Evaluating the need for development impact fees to assist in the cost of
infrastructure improvements.

Open Space and Conservation: The Open Space Element has a broad scope that
overlaps with other related Elements. The General Plan combines the Open Space
Element with Conservation Element. The purpose of the Open Space Element is to
describe comprehensive goal and policies for the long-range management and
preservation of the open-space land. The Conservation Element focuses on natural
resources issues such as management, conservation, development, and utilization of
natural resources.

Some of the goals, objectives and policies address:
􀂾 Maintaining and improving existing parks.
􀂾 Evaluating potential uses of Rio Park.
􀂾 Reducing airborne pollutants and greenhouse gases.
􀂾 Encouraging sustainable practices.

Environmental Safety: The purpose of the Environmental Safety Element is to reduce
or avoid potential risk of death, injuries, property damage, and economic and social
dislocation resulting from fires, earthquakes, floods, landslides, and other hazards.
Additional locally relevant hazards should be evaluated in this Element as well. The goal of the Environmental Safety Element is to identify potential hazards and provide strategic policies for the risk reduction and hazards mitigation measures.
While the content of this updated Element is very similar to the existing one, it was
substantially rewritten to simplify and streamline the information.

Some of the goals, objectives and policies address:
􀂾 Ensuring emergency preparedness.
􀂾 Providing protection from natural hazards.
􀂾 Reducing potential impacts from hazardous materials.
Noise: The purpose of the Noise Element is to form the basis for the City's efforts in community noise control. The Noise Element is composed of an evaluation of the
present and future noise climate in Carmel, a discussion of the major noise sources in the City and some suggestions for their control, a section discussing the use of the Noise Element as a planning tool, and a section summarizing actions which the City may take to reduce existing noise levels and avoid future noise problems.

Some of the goals, objectives and policies address:
􀂾 Improving the noise ordinance.
􀂾 Managing construction activities to limit noise impacts.
􀂾 Requiring noise mitigation measures for new projects that would significantly
increase noise.

CEQA: The City prepared an Initial Study for this project and determined that a
Negative Declaration was appropriate. The Negative Declaration was circulated for
comments from 29 June 2009 until 29 July 2009. The City received one written
comment (see attached). No substantial evidence was presented to indicate that a
Negative Declaration was inappropriate for this project.

RECOMMENDATION
Adopt a Resolution adopting the updated Elements of the General Plan and a Negative
Declaration.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING UPDATES TO THE CIRCULATION, PUBLIC FACILITIES, OPEN SPACE/CONSERVATION, ENVIRONMENTAL SAFETY AND NOISE ELEMENTS OF THE GENERAL PLAN AND A NEGATIVE DECLARATION

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

WHEREAS, state law requires the City to prepare and maintain a General Plan; and

WHEREAS, the General Plan guides decisions of the City Council, City staff and all
Boards and Commission; and

WHEREAS, this project updates the Circulation, Public Facilities, Open
Space/Conservation, Environmental Safety and Noise Elements of the General Plan; and

WHEREAS, the City received extensive public input regarding the content of this project through public workshops, a public survey, and numerous public hearings; and

WHEREAS, the Circulation Element is part of the City’s Local Coastal Program and will
require certification by the California Coastal Commission; and

WHEREAS, the City prepared an Initial Study/Negative Declaration for this project in
accordance with the California Environmental Quality Act.

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

1. Adopt the attached updates to the Circulation, Public Facilities, Open
Space/Conservation, Environmental Safety, and Noise Elements of the General Plan.

2. Adopt the attached Negative Declaration for the project.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of September 2009 by the following roll call vote:

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

SIGNED,

ATTEST:
________________________
_______________________
SUE McCLOUD, MAYOR
Heidi Burch, City Clerk